Please take the library eBook/audiobook patron behavior survey through December 31, 2019

Carmi Parker, ILS Adminstrator from Whatcom County Library System, reports the following to RF:

The Jefferson County Library in Port Hadlock, WA has put together a 10 question patron survey that delves into eBook and eAudiobook reader behavior.  If your library uses social media to connect with patrons, will you consider posting the survey and inviting your patrons to tell us about how they like to read?  The survey is open through 12/31/2019 and JC Library will compile and share the results in January.

They do ask that your post contain no reference to Macmillan or embargoes, so that we can get a relatively neutral set of responses.

Suggested text:

"Hey, eBook and eAudiobook readers! We want to know more about how YOU read - please help us by filling out this short 10 question survey. Thank you!"

https://tinyurl.com/ebooksurvey2019 

Responses will be anonymous and an aggregated report will appear in January.

Thank you for considering!

Carmi Parker's Update on the Macmillan Boycott

Carmi Parker, ILS Administrator for the Whatcom County Library System, reports as follows on the library boycott of Macmillan for its “windowing” of library e-books:

11 more library systems have stopped purchasing Macmillan eBooks, and the total population served by all the boycotting libraries is now over 32 million people, about 1/10th of the U.S. population. If the momentum continues, we will have a real financial impact to Macmillan’s bottom line! We are beginning to think about the possibility of an open letter in a widely-read newspaper to Macmillan from the libraries, summing up an estimated loss of revenue for them and asking (again) that they drop the embargo. Stay tuned for more on that idea.

This week’s update also includes feedback from OverDrive on the Washington Post article about eBook borrowing behavior, and more SC libraries take the bold step to purchase nothing from Macmillan in any format.

If you know of libraries or coworkers who would be interested in following these updates, they can sign up here.

Mr. John Sargent of Macmillan will be presenting at ALA midwinter. This report may give those attending thoughts for questions to ask.

Thanks for your advocacy, Carmi!

Alan Inouye's Update on All Things Library E-Books

Alan Inouye, ALA Senior Director, Public Policy & Government Relations, is following articles and developments related to library digital content. Here is a recent update from him, including upcoming events at ALA Midwinter:

UPCOMING EVENTS

ALA and PLA are hosting an update on the #eBooksForAll campaign on December 17

http://www.ala.org/pla/education/onlinelearning/webinars/ebooksupdate

There are multiple activities planned for the 2020 ALA Midwinter Meeting:

#eBooksForAll Campaign Update, Sunday, 4:00 - 5:00 p.m., PCC 122B. Hosted by ALA & PLA.

https://www.eventscribe.com/2020/ALA-Midwinter/fsPopup.asp?Mode=presInfo&PresentationID=666420

Ask Me Anything (AMA) with John Sargent, Saturday, 8:30 - 10:00 a.m., PCC 108B. Vendor hosted program.

https://www.eventscribe.com/2020/ALA-Midwinter/fsPopup.asp?Mode=presInfo&PresentationID=673156

Digital Content Working Group meeting, Sunday, 8:30 - 10:00 a.m., PCC 103B. Hosted by the ALA Joint Digital Content Working Group via ASGCLA.

https://www.eventscribe.com/2020/ALA-Midwinter/fsPopup.asp?Mode=presInfo&PresentationID=664730

ASGCLA Consortial eBooks Interest Group Meeting, Friday, 2:30 - 4:00 p.m., Marriott Hotel Franklin 5 & 6. Hosted by ASGCLA.

https://www.eventscribe.com/2020/ALA-Midwinter/fsPopup.asp?Mode=presInfo&PresentationID=665175

SELECTED RECENT ARTICLES

Macmillan library eBook embargo makes the list of "The Biggest Book News of the Year" in the Washington Post

https://twitter.com/AlanSInouye/status/1202202149511475207

The Last Decade Has Been Tumultuous For The Publishing Industry, NPR Morning Edition, Lynne Neary, November 26

https://www.npr.org/2019/11/26/782867252/the-last-decade-has-been-tumultuous-for-the-publishing-industry

E-books at libraries are a huge hit, leading to long waits, reader hacks and worried publishers, Washington Post, Heather Kelley, November 26

https://twitter.com/heatherkelly/status/1199394157816467456

Millions love reading e-books from libraries, but publishers are starting to make it harder, Crain's Cleveland, Scott Suttell, November 26

https://www.crainscleveland.com/scott-suttell-blog/millions-love-reading-e-books-libraries-publishers-are-starting-make-it-harder

Opinion: A major publisher is denying library users access to new e-books. That’s wrong, Los Angeles Times, John Szabo and Skye Patrick, December 3.

https://www.latimes.com/opinion/story/2019-12-03/macmillan-publishing-limited-library-access-ebooks

TWO OTHER NOTES

Sari Feldman, now the ALA Senior Policy Fellow specializing in eBook advocacy and recently retired executive director of Cuyahoga County Public Library, is lauded by Congresswoman Marcia Fudge from the floor of the House of Representatives. Rep. Fudge also calls out Sari's successor as executive director, Tracy Strobel.

https://twitter.com/ALALibrary/status/1203050649606336513

Thank you for your work, Alan!

What Happens Next: A Free PLA Webinar on eBooksforAll

Free PLA Webinar

#eBooksForAll Campaign Update

Tuesday, December 17, 2019 | 1-2 p.m. Central

 More than 200,000 people have raised their voices to oppose Macmillan Publishers’ embargo on new eBook titles to public libraries, and the American Library Association (ALA) has filed its first report with Congress about restrictive licensing and unfair pricing for digital content. Now what?

Join the ALA Public Policy & Advocacy Office and the Public Library Association (PLA) for a free webinar to update you on the #eBooksForAll campaign, planned next steps with Congress and data gathering to build the library case, and specific actions you can take to advance these efforts. Bring your questions and your front-line experience to inform national planning and communications. REGISTER NOW

  Note: ALA and PLA may not discuss nor provide a forum for discussing a boycott or similar activity based on our tax status.

 Learning Outcomes

At the conclusion of this webinar, participants will be able to:

  • Understand the current state of #eBooksForAll policy advocacy with Congress;

  • Engage the public and key library stakeholders to oppose embargoes or other unfair digital content licensing terms; and

  • Contribute to ALA/PLA’s collection of data and stories related to the value of public library promotion of reading, authors and titles, as well as the impact of restrictive digital content licensing terms on libraries and our patrons.

Speakers

  • Wanda Brown, ALA President

  • Ramiro Salazar, PLA President

  • Larra Clark, Deputy Director, PLA and ALA Public Policy & Advocacy

  • Sari Feldman, ALA Senior Policy Fellow

  • Alan Inouye, Senior Director of Policy and Government Relations, ALA Public Policy & Advocacy

  • Hallie Rich, Director of Communications and External Relations, Cuyahoga County Public Library (Ohio)

  • Lisa Rosenblum, Director, King County Public Library (Wash.)

 REGISTER NOW

 

 

A Macmillan Boycott Update

Carmi Parker reports that the number of libraries and consortia boycotting Macmillan has grown to 38, representing millions of library readers. She adds that Charleston County in South Carolina has extended its boycott to include all formats it gets from Macmillan.

Over at Ebooksfor all, the petition to Macmillan has as of the moment of writing garnered 215,882 signatures.

Not surprisingly in light of the publicity the decision is receiving, Macmillan appears to be retreating from public comment. For example, they did not comment on a detailed piece on library e-books that recently appeared in the Washington Post.

Such a retreat into “no comment” is fairly typical of corporations that plan to stick by a decision, however controversial, and ride out public pushback. It is perhaps even more crucial to bring attention to this decision, including making our case and also providing suggestions that might seem reasonable alternatives to Macmillan’s decision—not because Macmillan will listen but to show readers and the general public that we our concerns are legitimate and important.

If you haven’t signed the petition yet, please do. If your library isn’t taking action on Macmillan yet, if only to inform via your website and engage with your local media, please consider it.

The "Why" of the Boycott, Two Replies to Sargent's Visit to COSLA, and A Proposal For Macmillan

Carmi Parker, ILS administrator for the Whatcom County Library System and RF Working Group Member, has penned an explanation in PW for the library boycott of Macmillan e-books. As of this moment, she further reports, 33 libraries/systems have joined. While she is speaking only for some libraries in Washington, her reasons are likely shared by many participating libraries.

Her piece is worth a read, so just to summarize here: equity of access for readers, the need to suggest to other publishers that “windowing” is problematic and will not go without comment and bad publicity, the ability to have positive conversations with readers who are disadvantaged by Macmillan’s decision, and the need for action before ALA and other effort at legislative or legal action might be in effect. “Equal access to information regardless of ability to pay is foundational to a democratic society and is why public libraries exist . . . And we believe that a collective effort to emphasizes libraries’ considerable financial leverage is the fastest, if not the only way to take a stand for equity and restore access.”

Ms. Parker’s tone is respectful and moderate. Less congenial responses to the report of Mr. John Sargent’s visit to COSLA have come from bloggers, who “call BS” to Sargent’s claims.

In “Macmillan Can’t Adapt to the Market, So It’s Forcing Customers to Adapt to it,” Nate Hoffelder says “As with Sargent's other claims [this specifically about the claim that 8% of readers who can’t get an e-book from the library will buy one], he has provided no evidence to back up his assertion, leaving us nothing to address.” He does address Sargent’s claim that “The availability of ebooks through libraries, which may be perceived as being free, is, in Macmillan’s opinion, the major driver in the consumer decline.” Hoffelder says Macmillan is “stuck in the pre-internet era,” can’t figure out how to monetize their backlist, instituted agency pricing to bolster hard cover sales to the detriment of e-books and is getign the return that is deserved, and has flunked consumer marketing 101. In “No Time for Sargent” (a clever if dated allusion), C.E. Petit of Scrivener’s Error is even more scathing, suggesting (I’m simplifying—the piece should be read) that Macmillan’s claims about 8% are bogus and non-reproducible, that basing claims for all Macmillan titles on Tor titles is in any case faulty, that many readers who most need libraries and who cannot get titles from libraries won’t read them at all. He concludes: Macmillan is “engaging in a pollution-control analysis that includes only the cost to the factories of installing new sulfur-dioxide scrubbers on their stacks without even trying to consider the public-health benefits (and costs avoided, monetary and otherwise).”

So, we have an increasing number of libraries refraining from licensing Macmillan e-books and people assailing the logic of Macmillan’s business decisions. Is there any way to reach common ground? Perhaps not, but for the sake of getting titles to readers, I make the following proposal, but in doing so I’m not speaking for RF. I haven’t sounded out our Working Group. It’s just me. I’m sure many in the library community will disagree because they believe prices are already too high. For Macmillan, however, this is all obviously about the money and getting as much as they can, with readers buying rather than ”being trained to read for free.”

As noted in this forum before, I like having a one-copy/one-use perpetual access option. So, Mr. Sargent, from date of publication, offer a one copy/one user perpetual access. But don’t offer it at $30. Offer it at $60, one for each library. After one year, drop price to $30. Offer this option as long as you offer leases on the title.

At the same time, also from date of publication, offer metered licenses, as many as a library wants:

• First 8 weeks: 25 circs for $75. No time limit, expires only after the circ limit is reached

• At 8 weeks to one year: 25 circs at $50. No time limit

• At one year: 25 circs at $25.

Voila, sir!  No more windowing.  Less backlash. Your price is high in that 8 weeks you claim we are costing you money—equal to what you’d get from consumer sales—but lower as time goes on and (by your own logic) the tiles are worth less. You monetize your backlist. You become the company that listened, represented your authors, but did not disadvantage library readers.

My friends in libraries are bound to object. These initial prices are high. On high-demand titles, a 25 circ period (chosen as an even number and not some max-circ-per-year silliness) would require frequent re-licensing. But are we glad Macmillan isn’t windowing?  We’d get better much prices eventually. We’d have an option to keep titles perpetually, if we want it. Above all, we don’t have any more “exploding licenses”--we know what our cost per circ will be. Over time, I think we’d see lots of efficiency from buying only when we need to rather than seeing titles simply disappear at the end of a two year span.

Now, Mr. Sargent, maybe you’ll give us a bit of a break. How about $2.50 per title initially, and not $3.00, knowing that we help readers discover your authors? And while we’re at it, maybe in the future offering a pay-per-use or subscription on your back list? We can negotiate. Let’s talk.

I’m happy pointing people to a boycott, and RF is not restricted from advocating for it (as the ALA is), but if we could meet somewhere fair to you and fair to our readers, wouldn’t it be better than the bad publicity, rancor, and name-calling? Mr. Sargent, be the company that cares for readers. We know its all about the money, but can we do better together?

A COSLA Press Release on Macmillan

FOR IMMEDIATE RELEASE
November 6, 2019

 

Contact:               Timothy Cherubini, Executive Director
                               
tcherubini@cosla.org
                                859 514 9826

 Chief Officers of State Library Agencies seek dialogue with Macmillan Publishers on eBook Sales

Discussion reveals areas of common concern and diverging perspectives.

Hartford, Connecticut – At the invitation of Chief Officers of State Library Agencies (COSLA), Macmillan Publishers CEO John Sargent joined several State Librarians for dialogue around the company’s new pricing and availability policy for library eBook purchasing.  COSLA, whose members include all 50 states, the District of Columbia and 3 territories, expressed concerns about the recent policy change which the organization’s members view as detrimental to the needs of the library-using public nationwide.  A major purpose behind the meeting was to understand Macmillan’s decision better, including achieving an understanding of how Macmillan arrived at their model. 

 Mr. Sargent shared with COSLA Macmillan’s concern that eBook sales are rising in public libraries but declining with consumers.  He likened the eBook marketplace to that for major motion pictures in that new releases have the greatest value in their first few weeks and their initial release should allow for the greatest return on both creative and business investment.  The availability of eBooks through libraries, which may be perceived as being “free,” is in Macmillan’s opinion the major driver in the consumer decline.

“We disagree with the premise that eBook availability through libraries negatively impacts sales of new release best seller sales to any significant extent,” said Cindy Aden, chair of COSLA’s eBook engagement group and Washington State Librarian.  “Libraries pay higher prices for eBooks and we question the logic that a publisher would achieve significant revenue from restricting sales to libraries.  In our experience, few readers faced with wait times for a new release would choose to purchase the book directly instead of waiting, even if those wait times are significant.”   Mr. Sargent on the other hand told COSLA that based on anecdotal data, they believe that if library users cannot gain access to a new eBook from their library, 8 percent of those waiting will likely buy the eBook

 “Typical eBook loan periods are 2 – 3 weeks,” noted COSLA President and Hawaii State Librarian Stacey Aldrich.  “It is unlikely that a single eBook purchased by a library at 3 or 4 times the cost of a consumer book would circulate more than 2.5 times in the first 8 weeks, so the drain on potential buyers is insignificant during the eBooks’ most valuable selling period.”

 Contrary to the assumption stated by Mr. Sargent that availability through libraries negatively impacts book sales, COSLA believes that library availability builds readership, increases awareness of authors, publishers, booksellers and the entire ecosystem, thereby positively impacting sales.  Libraries serve segments of communities that for various reasons are not able to purchase eBooks.  Publishers and librarians have engaged frequently over many years on issues of pricing, availability and access of eBooks in libraries.  The terms now in place for Macmillan imprints add to an already difficult set of issues. 

Mr. Sargent repeated another oft-stated claim that eBook availability through libraries devalues works. COSLA board members had various responses to this concern. COSLA Vice President and Montana State Librarian Jennie Stapp made the point that library users do value their books, even if accessed via their library, as evidenced by the valuable time they devote to reading them. 

COSLA members also emphasized the case that libraries provide “early adopter” readers who can talk about a new book to others and encourage higher readership. Keeping new books out of a library may negatively impact Macmillan authors whose books won’t be shared, and whose readers will find other authors while waiting, possibly not returning to those Macmillan authors immediately or at all.

Mr. Sargent appeared eager to describe the problem from his perspective and open to considering alternative models presented by others, acknowledging that the current embargo model may not be the “right” model.  He expressed confidence in that model however, and determination to find out if it will drive eBook sales to consumers.

 COSLA and Mr. Sargent have agreed to explore  eBook pricing models and to continue to try to find ways to understand the perceived problem and to emphasize the importance of libraries to the overall book ecosystem. All agreed that better data will help the conversation.  Meanwhile libraries across the country are responding by opting not to purchase new Macmillan eBook titles, all eBook titles or even all Macmillan books, hoping to demonstrate to Macmillan that libraries are a significant part of his bottom line and should be seen as a partner in promoting books, authors and reading.

About the Chief Officers of State Library Agencies (COSLA):  COSLA is an independent organization of the chief officers of state and territorial agencies designated as the state library administrative agency and responsible for statewide library development. Its purpose is to provide leadership on issues of common concern and national interest; to further state library agency relationships with federal government and national organizations; and to initiate cooperative action for the improvement of library services to the people of the United States.

Color me cynical, but I’m not sure how Macmillan can say the new model might not be “right” and yet “express confidence in the model.” it’s nice to see dialog, but I don’t expect Macmillan to back away from the stand without much more pressure, and probably not even then. It is time to find other e-book sources. Is it time to stop promoting all Macmillan titles, period?  

One Perspective on a COSLA/Macmillan Meeting

Texas State Library and Archives Commission Director Mark Smith was one of ten COSLA representatives in a meeting with Macmillan CEO John Sargent yesterday.

The meeting lasted 2.5 hours. In it, Mr. Sargent claimed one thing I haven’t seen so far: “the Macmillan policy arose from his belief that the amount that librarians are spending on e-books is ever escalating as they try to keep up with demand for front-list (bestseller) titles, allowing no funds to purchase mid-list titles.” Here, I would like to say that offering a one copy/one user perpetual may actually help and would thank Macmillan for it—if they weren’t yanking it off the table after 8 weeks. Jeez, can’t you just make it available perpetually on “mid-list titles”? We could figure out our license options. It isn’t hard.

Sargent’s other claims—that our circulation is cutting into publisher/author revenue, and his policy will help small and even large libraries (and authors), with the only alternative being price increases—are nothing new.

The COSLA representatives begged to disagree:

While it is undeniable that the cost of e-books is untenable, that use is tending to increase, and that library budgets are pushed to the max, we expressed skepticism that a reader who cannot borrow a copy of a library e-book will purchase the item. We also doubted the assumption of an inverse correlation between library circulation and publisher revenue. We questioned the data upon which Macmillan’s decisions have been based. And we noted that many libraries are going to discontinue purchasing materials from Macmillan, though Mr. Sargent seems confident that the impact of the boycotts will be offset by greater revenues to authors and publishers. He commented that he had heard from few authors with concerns about the new policy.

Mr.Smith’s final three paragraphs on taking some stand so that other publishers will take notice, discovering writers other than the best-sellers, and disrupting our e-book buying models are cogent, clear, and worth a read. Thank you, sir—a tip of the hat to you! May others hear and act on your words.

Sargent Letter: Baloney Parts/Snub Panned

Macmillan CEO John Sargent’s Open Letter to Librarians of October 30 said “we are great believers in libraries,” explained that the license terms changes effective November 1 were “well considered and deeply discussed with over 35 library systems, with your suppliers, and with the ALA,” and went on to claim that “we are trying to balance the needs of the system in a new and complex world {and] believe windowing for eight weeks is the best way to do that.”

Librarians have been distinctly (and rightly) underwhelmed.

Andrew Albanese has pointed out that the ALA immediately described “glaring inaccuracies” and said the letter “misrepresents ALA’s longstanding and good-faith efforts to equitably balance the rights and privileges of readers, libraries, authors, and publishers.” Specifically, ALA’s Alan Inouye avers that “ALA (and all the library systems we are aware of) has consistently opposed any effort to delay or deny library access to digital content”; .”ALA has frequently requested but never received data or analysis that demonstrates that library lending undermines book sales. It is simply false to state otherwise”; “With contracts limiting library lending to one eBook per reader at a time, we can assure Macmillan there is plenty of ‘friction’ in our current system”; “Restricting access to authors’ works through libraries hurts discovery, reading choice, literacy, and the simple love of reading. . . . An embargo is the wrong answer to an unsubstantiated problem that no other major publisher seems to face.”

Sargent’s claim of library eBooks being frictionless has been assailed form outside libraries as well, with Nate Hoffelder asserting (again) ”the idea that only library ebook usage can hurt retail ebook sales doesn't really make sense given what we know about library patron behavior. To put it simply, when patrons browse libraries, we are looking for availability, not a specific format. Make the ebook more difficult to access, something the publishers have been doing for the past 8 years, and we'll check out the print book instead.” He adds that “Macmillan has poor ebook sales because in early 2010 they adopted a policy of discouraging ebook sales in favor of print sales. To pretend that Macmillan's poor ebook sales are a result of anything other than Macmillan's own policies shows a basic lack of awareness of consumer behavior, or a willingness to ignore the facts and lie.”

Sargent’s points sometimes defy logic. He says “We believe the very rapid increase in the reading of borrowed e-books decreases the perceived economic value of a book.” Really? And years of borrowing print in libraries, with (in large systems) thousands of people a waiting list, somehow didn’t decrease the perceived value? Let’s be honest. Mr. Sargent, it’s not libraries. It’s the format and it’s your individual prices. Many people just don’t want to pay $14,99 or even $12.99 for an ebook. Look at the huge growth of indie and small press ebook titles. What you want is to maintain the profitability of the hardback market, for the benefit of super best-selling authors, often at the expense of “mid-list” authors.

Here’s another: “We looked at . . . the perceived value of a book upon publication (when its value is highest).” If that is the case, why give libraries one copy for the first 8 weeks at half price? If that’s when the book is most valuable, why not double the price? Why not drop prices on all ebook titles over 8 weeks, since their value, like some new car driven off the lot, is no longer as high? It would seem Macmillan would like to use libraries’ power to foster discovery while limiting supply, trying to induce library readers to jump into purchasing.

Sargent’s October 30 open letter makes no different points than his initial announcement in July. He promises “with talking with many of you in the weeks and months ahead as we all begin to understand the effects of our new policy.” Has any talking so far done any good? Don’t expect any changes at Macmillan. They are a business. They will do what they think is right for their bottom line. And they will make noises about listening and count on libraries finally just giving up. Beneath the politeness and voiced support for libraries, see the snub. It’s a shame in a way. If at day of title publication they had had offered each library a single one copy/one user perpetual license, even at $75, and unlimited two-year (but drop the 52 circs, which we practically never see) licenses ranging from $35 to $70, they could perhaps have increased their library revenue, allowed even greater discovery of the writers, and maybe increased retail sales as well as people, having seen news of a title at the library, decided they didn’t want to wait for a library copy or, having sampled a book through us, decided they want to own it. Aren’t we and Macmillan both going to gain from increasing reading in a time when reading itself seems on a decline?

Instead, the best option seems to be joining the increasing number of libraries that are not going to get embargoed Macmillan titles. Not after 8 weeks. Not at all. Thank you to Columbus Metropolitan Library CEO Patrick Losinski, who said it well: “Columbus Metropolitan Library’s suspension of the purchasing of new Macmillan eBooks is a stand against limiting equal access to our customers,” said Patrick Losinski, CML CEO. “By limiting the number of copies our library can purchase, Macmillan is allowing only a certain segment of our society to access digital content in a timely manner – those who can pay for it themselves. And that’s unacceptable in a democratic society.” The RF Working group encourages libraries to join!

Now is the time for legislative and perhaps legal action. But while we work on that, let’s build ebook collections of works of the many talented newcomers as well as relying on the best sellers and authors backed buy the Big 5. There’s a wealth waiting to be discovered. books may never give us the return on investment (use per $ spent) that print does—but we can get closer than at least $6.07 for the average Macmillan title.

Breaking News: ALA Press Release, "ALA Denounces Amazon, Macmillan in Response to Congressional Inquiry on Competition in Digital Markets"

The American Library Association has shared a press release, which RF quotes in full below. The report the press release references may be found here. It is a powerful statement of the rights of library readers in an increasingly restrictive marketplace, addressing issues in e-books, streaming content, and academic content, including textbooks. RF thanks Mr. Alan Inouye of ALA’s Washington office for sharing this information.

ALA Denounces Amazon, Macmillan in Response to Congressional Inquiry on Competition in Digital Markets

Report Cites Abusive Pricing, Denial and Delay of Sales to Libraries by Major Publishers

Release Embargoed until Thursday, October 24, 2019, 12:01 a.m. (Eastern)

WASHINGTON – Current practices by content publishers and distributors in digital markets limit libraries’ ability to deliver core services, according to a new report publicly released today by the American Library Association (ALA). Submitted in response to an inquiry from the U.S. House of Representatives Committee on the Judiciary Subcommittee on Antitrust, Commercial and Administrative Law, ALA’s report underscores practices by companies like Amazon and Macmillan Publishers that threaten Americans’ right to read what and how they choose and imperil other fundamental First Amendment freedoms. The report urges lawmakers to curb anti-competitive practices of digital market actors.

 “By outright denying or delaying library access to digital content, dominant actors in digital markets endanger America’s competitiveness and our nation’s cultural heritage,” said ALA President Wanda Brown. “Everyone who reads, writes, performs or sells creative works is harmed when libraries are unable to purchase and deliver content for all in our communities.”

“ALA does not take this issue lightly,” said Alan Inouye, ALA senior director of public policy and government relations. “When Amazon – the world’s fifth largest publisher of e-books – refuses to sell to libraries, or when a Big 5 publisher like Macmillan places an eight-week embargo on e-book sales to America’s libraries, we believe it is time to take legislative action.”

 The report addresses publishers’ abusive pricing and restrictive licensing terms for libraries. Over the past 10 years, libraries have spent more than $40 billion acquiring e-books as well as streamed music and audiovisual content from publishers. For popular e-book titles libraries pay up to five times the price an individual consumer pays and, unlike the individual, libraries typically have access to an e-book title for only two years.

 Restrictive license terms for streamed music and audiovisual content present libraries with similar access challenges. Streaming licenses are typically constrained to personal use and do not permit library lending or preservation.

 “In 100 years, Netflix, Hulu, Amazon, Spotify and other companies distributing streamed content may be out of business or no longer maintaining their older works,” the report states. “The only way to ensure the availability of this content to future generations of researchers, students and artists is for libraries to have the right to preserve it.”

 The report also notes the market for libraries that purchase academic and research content is particularly dismal. Like many other publications, scholarly journals essential for research have largely transitioned to digital formats over the past 25 years. At the same time, the market for scholarly journals has seen tremendous consolidation. In the college textbook market, three companies—Pearson, Cengage and McGraw-Hill—account for 85 percent of the industry. Furthermore, despite the cost improvements digital technology affords, textbook prices have risen three times the rate of inflation over the past two decades. Plans to merge Cengage and McGraw-Hill Education will create even further industry concentration, says ALA.

 The report’s release comes on the heels of ALA’s #eBooksForAll campaign in protest of Macmillan Publishers’ plan to restrict sales to libraries. Beginning November 1, 2019, libraries of all sizes will be limited to purchasing one copy of a newly published e-book title and must wait eight weeks to buy additional copies. The embargo has outraged library advocates across North America, generating local and national media coverage.

 “Equitable access to information and creative works is central to the mission of libraries and essential for our nation’s readers and learners,” said Brown. “Macmillan’s library e-book embargo is just the most recent attack on digital inclusion.”

As for ALA’s next steps, Inouye stated, “Beginning next week, ALA and our members in targeted congressional districts will engage legislators on the substance of our report. When librarians and community leaders tell Antitrust Subcommittee members how unfair digital market practices impact their constituents, Congress will listen.”

“ALA will continue to pursue legislative, advocacy and legal options to ensure everyone in our communities has access to the creative content for which libraries already pay a very high price. We will not stand down.”