The third and final session of the 2020 Library Leaders Forum wrapped up Tuesday with a focus on the impact of Controlled Digital Lending on communities to provide broader access to knowledge. A full recording of the session is now available online.
Michelle Wu was honored with the Internet Archive Hero Award for her vision in developing the legal concept behind CDL. In her remarks, the attorney and law librarian shared her thoughts on the development and future of the lending practice. Wu does not see the theory that she designed 20 years ago as revolutionary, but rather a logical application of copyright law that allows libraries to fulfill their mission.
Despite current legal challenges, Wu predicts CDL can continue if libraries make themselves and their users heard.
“We must make sure that the public interests served are fully described, visible and clear to lawmakers and courts at the time they make their decisions,” Wu said. “If we do that, I believe the public interest will prevail and CDL will survive.”
The pandemic has underscored the need for digital access to materials and changed attitudes about CDL among libraries that had previously been risk averse to the practice, Wu said.
“The closing of our libraries due to COVID has changed that mindset permanently,” Wu said. “It showed how the desire to avoid risk resulted in the actual and widespread harm to populations, depriving them of content at a time when access was more important than ever.”
Because of the pandemic, libraries are now empowered to try innovative practices to serve their patrons.
“With this new heightened awareness, I think the future of access is brighter,” Wu said. “Not only do I think CDL will flourish, but there seems to be very real chance that libraries will more aggressively fight to regain some of the public interest benefits of copyright that they’ve lost over the years.”
In the future, Wu maintained that CDL can ensure a balance for full and equal access to knowledge for every person.
“Reliable access to information is the great equalizer,” Wu said. “Information shapes each of us, and lack of it is part of what increases our divide.”
(A complete profile of Wu’s work can be found here.)
The event also included the virtual ribbon cutting ceremony announcing the reopening of the Marygrove College Library. The Internet Archive now houses its 70,000-volume library online, and has preserved the physical copies, after the institution closed the campus in 2019 and donated its entire collection for digitization. The move preserves books that reflect the college’s rich history of social justice and education programs that largely served women, African Americans and low-income students in Detroit.
“The knowledge that [the books] would still be available and still be utilized just keeps us going as we wrap up the college,” said Marygrove President Elizabeth Burns at the Forum. “It’s a sad, sad time, but it is also a time where we know the impact of the college will continue…It’s a very tangible measure of Marygrove for the future.”
Chris Freeland, director of Open Libraries at the Internet Archive, moderated a panel with Marygrove librarian Mary Kickham-Samy, Mike Hawthorne, a librarian at nearby Wayne State University, and Brenda Bryant, dean and director of Marygrove’s social justice program, to talk about the transformation of the library into a digital format.
“It’s exciting! I’m thrilled that it won’t be in just one small corner,” said Bryant of the library’s move online and value to scholars. Bryant built the nation’s first Master of Arts program in social justice at Marygrove and considered the library one of the best kept secrets on campus. “Like my activist friend Elena Herrada [said], the collection was important because in Detroit, reading is an act of resistance.”
Michelle Wu is leading libraries to think and act in new ways to fulfill their missions.
For nearly two decades, she has advocated for preserving and expanding access to materials by responsibly digitizing collections. Using her expertise as an attorney, law librarian and professor, Wu crafted the legal theory behind Controlled Digital Lending (CDL) and has dedicated much of her career to showing libraries how to put the concept into practice.
To honor her innovative and tireless work, Wu has been named the recipient of the 2020 Internet Archive Hero Award. The annual award recognizes those who have exhibited leadership in making information available for digital learners all over the world. Past recipients have included Phillips Academy, the Biodiversity Heritage Library, and the Grateful Dead. Michelle received the award during the Library Leaders Forum final session on October 20.
“Michelle Wu was ahead of her time in understanding the transition to the digital era and brought library lending into our new landscape,” said Brewster Kahle, founder of the Internet Archive.
“Not only did Michelle see a problem coming, she did something about it,” Kahle says. “It’s a combination of being both a visionary on how the world could work and then making concrete steps to get us there.”
With library buildings closed now for safety, the demand for digital materials has grown. The pandemic magnifies the importance of using CDL as a strategy to expand services to the public, says Pamela Samuelson, a distinguished professor of law and information management at the University of California, Berkeley, who admires Wu’s insights as a scholar and librarian.
“She set the example and made people feel comfortable with a concept that was initially a little bit questionable,” says Samuelson. In her copyright classes, Samuelson now draws on Wu’s work to inform her students.
“Michelle’s articles explaining the concept have been very useful for students to have not just the reader’s perspective, or law student’s perspective, but how librarians are really taking the challenge of the digital age,” Samuelson says. “They are making good things happen to carry on the grand tradition of libraries to facilitate as much access as lawfully possible to the public they serve.”
Looking back on her career, Wu says she sort of fell into law. She abandoned plans for medical school after helping her roommate at the University of California San Diego study for the Law School Admission Test. Fascinated with the logic puzzles, she took the LSAT on a whim and did well enough to get a scholarship.
“I found I loved the theory of the law, looking at issues from all sorts of angles and finding a path through,” says Wu, who enrolled at the California Western School of Law and worked part-time at the San Diego County Law Library. She soon realized that the adversarial nature of the legal process didn’t suit how she viewed the law. Law librarianship was a better match, one grounded in collaboration and a commitment to using legal knowledge to educate and assist users in finding meaningful solutions to their legal problems . A year after earning her J.D., Wu got her master’s degree in librarianship with a certificate in law librarianship at the University of Washington.
She landed her first job at George Washington University Law School Library. In 2001, she was hired by the University of Houston School of Law. It was there, following the massive destruction of the school’s library due to Tropical Storm Allison, that Wu focused on the need to protect materials through digitization.
Wu says she began to wonder: “Is there a better way for libraries to prepare society for a world in which there are a growing number of natural disasters?” she recalls. “There are so many risks to our collections, and society depends on long-term access for this information,” Wu says.
Wu developed the theory for a digitization program designed with copyright in mind. What came to be known as CDL, she says, strikes a balance between the interest of the users and copyright owners. A library can lend out only the number of copies that it has legitimately acquired, though the copy can be any format. The flexibility in format facilitates more effective access for a wide variety of users, including those who live remotely or have trouble physically coming to a library building, while also ensuring the preservation of content in situations like natural disasters.
After Houston, Wu worked at the Hofstra School of Law and Georgetown University Law Center. As both a library director and law professor, Wu says she has been well-positioned to advocate for CDL and reason with the skeptics.
“I haven’t heard a lot of substantive objections. I have heard fear, which is common and understandable anytime you are changing the status quo, but it is something that must be overcome for advancement.” says Wu. “In talking with others about CDL, I focus on what CDL is and what it is intended to accomplish, which pushes people to engage deeply instead of rejecting the idea out of fear. From my perspective, CDL is the purest form of balance in copyright that you are going to find in a world of technology, and that balance is difficult to deny when you examine CDL in detail.”
Kyle K. Courtney, the copyright advisor and program manager at the Harvard Library Office for Scholarly Communication, says from the first time he met Wu, he was inspired by her ideas and willingness to challenge norms. Her research was a major influence on Courtney’s work and career. Together, they co-authored a position statement on CDL.
“It is great to meet your heroes sometimes — and even better to be able to work with them side by side,” says Courtney. “She is not a theoretical scholar. This is what’s awesome: She puts the cutting-edge CDL copyright system to work. That’s why she’s a trailblazer in both words and action, putting libraries at the forefront in our field.”
Wu’s leadership has helped advance the collaborative work of libraries and enabled there to be more transparency in sharing information, says Courtney. He and Wu have presented on CDL at several conferences and discussed the concept with Congressional staff on Capitol Hill last year.
“She is one of the hardest working members of the library field I know,” Courtney says. “She’s oriented toward practical results and addresses 21st century challenges in multiple environments – public, private and academic. She is a person of remarkable integrity.”
Courtney says Wu’s recognition showcases what leaders in librarianship should aspire to: a successful record of progressive scholarship, influence on the next generation of librarians and a legacy of hard work that reflects an enthusiasm for libraries.
Sharing the story of CDL on Capitol Hill, Lila Bailey, policy counsel for the Internet Archive, says she was struck by Wu’s ability to connect with staffers. “Michelle explains things in such a clear, intuitive, practical way,” says Bailey, who also has collaborated with Wu on research. “She’s so competent and conscientious.”
Wu has been committed to spreading her knowledge of both academic and practical aspects of the CDL to librarians and policymakers across the country. “She is somebody who came up with a legal theory and spent her career creating a proof of concept for why this is important,” Bailey says. “The Internet Archive sets this very ambitious vision of universal access to all knowledge then it tries to live up to the vision. Michelle embodies this ethos of the Internet Archive to be the change you want to see in the world.”
In June, Wu retired from academia, but she continues to research and mentor emerging librarians. Too often, (outside of the sciences) academia gives more weight to the risk in innovation instead of imagining the opportunities that creative problem-solving can provide, but Wu says that attitude doesn’t serve the public in the best way.
“We can’t sit back and expect everyone automatically to understand the importance of libraries long term. We have to stand up for what we believe, advocate for it, and find solutions that better serve society in an ever-changing world.” Wu says.
When Marygrove College in Detroit decided to close its doors in 2019 due to financial pressures, the first question on the minds of many community members was: what about the library? Today, the entire Marygrove College community is celebrating the reopening of the Marygrove College Library in partnership with the Internet Archive.
Marygrove College’s roots go back to 1905 when it was started by the Sisters, Servants of the Immaculate Heart of Mary, a progressive Catholic order known for its commitment to social justice. Founded as a women’s institution, it became co-ed and predominantly African American over time, changing with the demographics of its neighborhood in northwest Detroit.
The liberal arts college, which typically had an enrollment of less than 1,000, attracted students interested in teacher education and social work programs, as well as English, history, philosophy and religious studies. The college offered graduate programs and some alumni went on to become physicians, lawyers and scientists.
True to its mission, Marygrove often served students from marginalized communities with limited means. Changes in access to federal Pell grants hurt the institution’s finances, and enrollment dwindled in recent years.
“The college was deeply in debt. Like many small colleges, institutional scholarships don’t pay the bills. The school was borrowing to make payroll. It was not a good picture,” says Marygrove President Elizabeth Burns. “With great sorrow, the board voted in summer 2017 to close undergraduate programs.”
The institution tried to survive by offering only graduate programs – many online. But that model proved to be unsustainable. In December of 2019, Marygrove closed its doors for good.
“It was very difficult,” says Frank Rashid, who taught English at the college for 37 years and lives within a mile of the campus. “It was a great place to teach. Despite our size and obscurity, we had a strong faculty and great students.”
As the college emptied its buildings, the fate of Marygrove’s beloved library was up in the air. No other library was able to house the entire collection, which included more than 70,000 books and 3,000 journals, in addition to microfilm, maps, visual media, and more. The college explored selling the books, but buyers were only interested in portions of the collection. Even disposing of the library content would cost thousands of dollars that the college couldn’t afford.
Marygrove’s solution: Donate the entire library to the Internet Archive for digitization and preservation.
“We were able to preserve the entire collection that we had built over the decades and make it available to everyone,” Burns says.
“There was a sense that all was not lost,” Burns says. “The legacy of the collection will be available for ongoing education. That really helped ease the pain of the transition.”
The library had a rich collection of books in history (particularly primary sources on local Detroit studies and Michigan), English, philosophy, religious studies, social work, political science, economics, psychology, business and social justice.
“The library was the best kept secret at Marygrove,” says Brenda Bryant, who started the nation’s first master’s degree program in social justice at the college 20 years ago. While the closure of the building was heartbreaking, she says having the collection digitized provides access to its great array of nonfiction and fiction books (such as The God of Small Things by Arhundati Roy) , as well as films about social justice movements.
Byrant says the college was ahead of its time in recognizing the importance of studying these issues. With racial equity, immigration and other social justice issues so relevant today, she hopes people will take the opportunity to read about the history of prior movements.
The value of the collection extends well beyond the Marygrove community. Librarians from Wayne State University, also located in Detroit, share an admiration for Marygrove’s collection and decision to digitize.
“Marygrove has been fundamental for Detroit in educating first-generation, low-income college students and providing high quality education to the community,” says Alexandra Sarkcozy, a liaison librarian for history at Wayne State. “The librarians built a robust academic collection and took beautiful care of it. I think it’s wonderful that it was able to be preserved.”
And, as Wayne State thinks about how to lend out its own digital materials, it may consider Controlled Digital Lending as a model, adds Sarkcozy, which is how the Marygrove collections are being made available to users.
Using Controlled Digital Lending practices with the Marygrove collections—lending out a digital copy one at a time—felt like a responsible way to continue to provide access, says Burns. And rare materials that aren’t traditionally prioritized are not lost to history.
Rashid says he was initially reluctant to let go of the print materials, but realized that digital lending opened up the possibility of access around the globe. “We are trying to share resources with scholars and students elsewhere,” says Rashid, noting it also has the additional convenience of researchers being able to look up information from home.
The Archive hired local help to pack up the Marygrove books, load them onto trucks, and transport them to centers for storage and scanning. The empty library was repurposed as a lecture hall, sports facility and cafeteria for a new high school that now operates on the campus.
Mary Kickham-Samy served as the director of the library at Marygrove from 2017 until its closure in December 2019. She was glad to see the collection donated intact and thinks alumni, in particular, will enjoy browsing through the library. “It’s beautiful the way Internet Archive has captured the materials…It’s just a win-win situation,” said Kickham-Samy, who is grateful that community members and researchers everywhere will now have access to the collection.
“When I heard Marygrove was going to be closing, it broke my heart,” said Valerie Deering, a poet and 1972 graduate of Marygrove. Deering didn’t fully realize what it would mean to digitize the library until she started browsing the collection online. “Actually seeing it now—this was a stroke of genius. This Internet library stuff is a pretty good idea.”
For many librarians, the global pandemic has pushed Controlled Digital Lending from sounding like a promising idea to becoming an important way of serving their patrons. Unable to physically check out books, a growing number of institutions have embraced CDL as a safe way to connect their readers with needed materials.
Librarians, educators, and technologists discussed the value and challenge of CDL for their communities at the second session of the 2020 Library Leaders Forum held online October 13. Video of the full session is now available.
“The Internet Archive has been operating a Controlled Digital Lending environment for more than nine years and we now have more than 80 libraries along with us,” said Chris Freeland, director of Open Libraries, who moderated the panel. “We are really thrilled. There is strength in community.”
With limited access to their collections during COVID-19, librarians on the frontlines shared their frustration getting digital materials to remote learners. Many publishers were willing to give free access to their content in the spring, but that didn’t last, said Tucker Taylor, head of circulation at University of South Carolina.
“We have a large textbook collection that we spent a lot of student tuition money and our tax dollars on. We wanted to continue to provide access to that,” said Taylor, noting that vendors refused to sell the library ebooks.
The library began to build its own ebook platform and ended up partnering with HathiTrust, a membership-based digital library. It provided emergency access to books the library owned in print — one book in, one book out, said Taylor.
“We are team players. We wanted to do the right thing,” said Taylor of the controlled lending practice — a less than perfect solution, but a way to get the content the library owns in the hands of students in need. “I’m a librarian. I want to check things in and out. So, it feels reasonable to me that I should be able to do online checkout.”
At Stanford University, Tom Cramer, chief technology strategist, assistant university librarian and director of digital library system and services, said the campus closure in March left students and researchers without access to millions of books in the library stacks.
“That’s why we are in Controlled Digital Lending. We were aware of it beforehand, but this pandemic has made us acutely aware of the need and opportunity,” said Cramer, who suggested libraries have been too conservative about copyright law and the exceptions it provides libraries to better serve their patrons.
The panelists also mentioned how CDL can allow libraries to offer books that are out of print to the public, access to readers with disabilities and fragile collections that cannot circulate. It’s also an environmentally friendly practice that keeps items from having to be physically shipped for interlibrary loans.
With the current system, the needs of patrons are not being met and libraries should share resources to develop scalable solutions, said Jill Morris, executive director of Pennsylvania Academic Library Consortium, Inc. She heads the steering committee for Project ReShare (which the Internet Archive recently joined) that is working on innovative open source tools for libraries.
Another member of the project, Sebastian Hammer, co-founder and president of Index Data, spoke on the panel about the promise of technology in helping libraries improve services to patrons. Cramer of Stanford suggested interoperability was a high priority in creating a robust system for the future and the group agreed that authors and publishers should also be part of the conversation.
Collaboration is key, said Lisa Petrides, founder and chief executive officer of the Institute for the Study of Knowledge Management in Education.
“We are trying to change how a system works,” she says, which involves working across all stakeholder groups and changing policy. “It’s about access and equity at its core.”
As the global pandemic forced schools to remote instruction earlier this year, the pressure was on to make as many resources as possible available in digital form.
Evangelical Seminary moved its classes entirely online in March, closing most of its campus in Myerstown, Pennsylvania—including access to materials in the library. At the same time, the seminary was finalizing a partnership with three other higher education institutions that prompted a review of any resource duplication.
So, in July, Evangelical decided to transform its physical library collection into a digital library and donate more than 80,000 books to the Internet Archive.
“Faculty members love the feel of a hard copy book and taking a book off the shelf in the library,” says Anthony Blair, president of the seminary. “It was hard and we had to talk that through, but everybody agreed this was a smart thing to do and in the end, it was what’s best for students.”
Once scanned and digitized, students—and the public at large—will have free access to the books at any time from anywhere. Many of the volumes were out of print and fragile. The donation allows the seminary’s vast collection, with its specialities in biblical studies and Wesleyan theology, to be preserved.
“We took advantage of this opportunity. It’s a donation, but we still have access to all these books. They have better access than before—and so do people around the world,” Blair says. “It just made sense.”
At Evangelical, students were increasingly commuting to campus or taking online courses only; some living as far away as Singapore and Korea. The seminary sold its residential housing five years ago because of the shifting demographics.
Evangelical offers eight graduate degree programs including a doctorate of theology, master of divinity and master’s degree in marriage and family therapy. About 150 of its students are seeking a degree (about 90 on the PhD path) and another 50 are taking courses independently.
The seminary had recently begun serving a wider constituency and joined The Digital Theological Library (DTL) to give students easier access to resources. As usage grew with DTL, Blair says talk ramped up about moving to an all-digital library.
Also, Evangelical recently joined a seminary network, Kairos, headquartered in Sioux Falls, South Dakota, and is in the process of fully merging within the next few years. As the schools come together and combine resources, the timing was right to make the donation. This summer it took less than two weeks for the books to be packed, loaded into trucks and shipped for scanning—all paid for by the Internet Archive.
The seminary has shared news of its move to an all-digital library with alumni, donors and students, all of whom have been overwhelmingly positive, says Blair. As students wait for the collection to be moved online over the next two years, the seminary is partnering with two physical libraries for interlibrary loan services.Blair says he was pleased to have Evangelical’s collection join the Claremont School of Theology’s donation from earlier this year: “Between our donation and their donation, the theology collection at the Internet Archive will be enhanced quite a bit and our students will benefit.”
Like any commercial publisher, Ramsey Kanaan wants to make money and have as many people as possible read his books. But he says his company, PM Press, can do both by selling his books to the public and to libraries for lending – either in print or digitally.
While most publishers only license ebooks to libraries, PM Press has donated and sold both print and ebook versions of its titles to the Internet Archive to use in its Controlled Digital Lending (CDL) program. By owning the copies, the Internet Archive ensures that the press’s collection of publications is available to the public and preserved.
“We’re not above profit making. It’s with sales that we pay our salaries. Nevertheless, the reason we are also doing this is we actually believe in the information we are selling and we want to make it accessible,” says Kanaan. “We want our books to be in every library.”
Founded in 2007, PM Press has published between 30 and 40 titles a year. The books (all available in print and various digital formats) include fiction, graphic novels, comics, memoirs, and manifestos on topics such as activism, education, self-defense and parenting. “We’d like to assert or inject our ideas contained in the titles we publish as our modest contribution to making the world a better place,” says Kanaan.
From the beginning, Kanaan says the agenda of PM Press has been deeper than just making money by renting books annually to libraries. “The concept of charging multiple times to us is ridiculous and contrary to everything we are trying to do in publishing,” he says. “Our interest is in the dissemination, preservation and archiving of ideas…with no firewall.”
Kanaan says he doesn’t understand the objections to CDL by publishers that have sold their print books to libraries for decades. “If a library purchases a book or an ebook it’s going to be ‘borrowed’ by, ideally, lots of people. The industry has entered into this agreement with libraries for time immemorial – presumably access without further commercial transaction,” says Kanaan. “I don’t see the difference in a library making a print or ebook available for borrowing once it’s purchased. It’s the same.”
In donating to the Internet Archive in December 2019 and selling the other print titles and ebooks in the PM Press collection, Kanaan hopes this hybrid approach will help expand the audience for its titles. “The Internet Archive is not bootlegging materials. They are like any other library lending out one copy at a time.”
Kanaan maintains that companies against CDL as a way of doing business are “dinosaurs” and that digital lending is the future. “We see the Internet Archive as a partner in our endeavor to get our information out,” Kanaan says. “We want to achieve a better world for most of its inhabitants. We’re fighting against the 1 percent who only want a better world only for themselves. I’m hoping we are not just on the right side of history, but that we are actually going to win this one.”
The Internet Archive has been buying ebooks from publishers for more than 10 years, but the number has been limited because most publishers insist on license arrangements that constrain our ability to preserve and lend. If you would like to sell ebooks to the Internet Archive and other libraries, please contact us at email@example.com.
Rik Nemanick believes in the power of mentoring in the workplace. As an author, corporate consultant, and university instructor, he explains to business leaders and students how a mentor can bring the best out in others.
“A mentor is different from a teacher who imparts knowledge,” Nemanick says. “A good mentor broadens someone’s perspective and opens doors. It’s about challenging someone’s thinking and creating a relationship.”
“I want my message out there. I saw the Internet Archive as a way to make it more available to more people,” Nemanick says of his recent donation to the Controlled Digital Lending program. “The book sitting on Amazon or a shelf doesn’t get anyone engaged as much as if it’s available at the library.”
One of the first things that Nemanick says he did when the book was published was to donate a copy to Washington University Library in St. Louis. He wanted it available for students in his executive education graduate courses in leadership, mentoring, and human resource metrics so they could learn the concepts he advocates.
Through his work, Nemanick says he wants to challenge the way people think about mentoring and offer practical ideas. Often people enter their careers with certain, narrow expectations and a mentor can be critical with the workplace adjustment. “A mentor can help someone find their way in their profession,” he says. “My hope is that people can find their fit more easily with the information in my book.”
Nemanick says he does not worry about his book being hurt by library lending through Controlled Digital Lending.
“This is a respectful way to get your message heard. A fair number of authors just want people to read what they have written,” he says. “It’s just one more avenue to make sure it gets into people’s hands.”
In January, Robin Hartman learned major renovations planned at Hope International University in Fullerton, California, meant the library would have to give up 25 percent of its space. That forced Hartman, director of library services at the 2,000-student private university, to make some tough decisions.
What would she do with the back issues of periodicals now that there would be only six shelving sections to store the journals and magazines instead of 40? Hartman ended up keeping periodicals that were only available in print and less than 10 years old. That left her with volumes of older issues that she didn’t want to just throw in a dumpster.
Hartman contacted Internet Archive to give Hope’s vast collection of older periodicals a new digital life. Working from her home during the COVID-19 crisis this summer, she instructed the construction crew and student workers to box up the excess journals—191 boxes in all. Internet Archive arranged to provide pallets and plastic wrap to safely pack the periodicals. The boxes were loaded onto a semi-truck and transported to San Francisco for preservation at no expense to the university.
“When I found out Internet Archive was able to take the older periodicals that we couldn’t keep, I was really thrilled,” Hartman says. “I was able to tell my faculty they are not gone forever. They will be digitized eventually and made available online.”
The donation includes a range of popular magazines and academic journals linked to the Christian university’s majors such as: Clinical Psychology, Educational Leadership, Family and Society, Journal of American History, Journal of Ecclesiastical History, Journal of Spirituality and Mental Health, Journal of Sports Management, and Pastoral Psychology.
“I feel much better that they are going to a good home. They are good, valid sources,” Hartman says.
Hartman is telling librarian colleagues about the donation in hopes of interesting others in adding to Internet Archive’s collection. Many libraries are being reconfigured to make room for tutoring or snack bars and are facing financial cuts in the wake of the pandemic. There is also a shift in preference for digital among students over print journals, notes Hartman, making libraries rethink their collections.
“The periodicals will be more useful online,” says Hartman, who plans to continue donating materials to the Archive. “Resource sharing is important for libraries these days. Internet Archive was a great solution for us. I think Internet Archive is a way of sharing resources for the good of all the library communities.”
If your library is interested in donating print journals to Internet Archive for preservation and digitization, please learn more on the Donations page.