This week, Public Knowledge, the public interest policy group, announced the winners of its 17th annual IP3 Awards. IP3 awards honor those who have made significant contributions in the three areas of “IP”—intellectual property, information policy, and internet protocol. On September 24, the 2020 Intellectual Property award will be presented to Lila Bailey, Policy Counsel at the Internet Archive.
“She has been a tremendous advocate and leader behind the scenes on behalf of libraries and archives, ensuring both can serve the public in the digital era,” said Chris Lewis, President and CEO of Public Knowledge. “Working at the intersection between copyright and information access, Lila has been instrumental in promoting equitable access to contemporary research through Controlled Digital Lending — the library lending practice currently under threat because of a legal challenge from large commercial publishers.”
“My whole career has been leading up to this moment,” Bailey mused, speaking about her role defending the Internet Archive against the publishers’ copyright lawsuit. “This is what I went to law school to do: to fight for the democratization of knowledge.”
In private practice at Perkins Cole, Bailey won the Pro Bono Leadership award for her tireless work defending the Internet Archive’s Wayback Machine against a legal challenge.
Bailey later went on to work for Creative Commons, helping to ensure that everyone everywhere has access to high quality, open educational resources. She served as a fellow at the Electronic Freedom Foundation, and later returned to Berkeley Law as a Teaching Fellow to help train the next generation of public interest technology lawyers.
“Now that our lives are largely online, copyright law, which is supposed to promote creativity and learning, sometimes creates barriers to these daily activities. The work I am doing is to try to clear some of those barriers away so we can realize that utopian vision of universal access to knowledge.”
Since joining the Internet Archive as Policy Counsel in 2017, Bailey has focused on building a community of practice around Controlled Digital Lending (CDL). Although the library practice has existed for more than a decade, Bailey has been working with Michelle Wu, Kyle K. Courtney, David Hansen, Mary Minow and other legal scholars to help libraries navigate the complex legal framework that allows libraries to bring their traditional lending function online. Today, with hundreds of endorsers, Controlled Digital Lending defines a legal pathway for libraries to digitize the books they already own and lend them online in a secure way.
“As a copyright lawyer, I find her to be an incredibly inspiring colleague, a natural leader, and great person,” said Harvard Copyright Advisor, Kyle Courtney, who works with Bailey on the CDL Task Force. “I know that her work creates a multiplier effect that can inspire others, like myself, to advocate for greater access to culture and enhance a library’s role in the modern world.”
So what drives this intellectual property warrior forward? “Access to knowledge matters to everyone. It’s the great equalizer. That is what the internet has given us—this vision of everyone having equal ability to learn and also to teach, to read and also to speak,” she explained. “Now that our lives are largely online, copyright law, which is supposed to promote creativity and learning, sometimes creates barriers to these daily activities. The work I am doing is to try to clear some of those barriers away so we can realize that utopian vision of universal access to knowledge.”
Previous IP3 Award winners include Bailey’s mentors Professor Pam Samuelson and Internet Archive founder, Brewster Kahle; along with many of her heroes including professors Peter Jaszi, Lateef Mtima, and Rebecca Tushnet. Be sure to attend the award ceremony on September 24, 6-8 PM ET, by registering here.
This is the third part in a series of testimonials from patrons who used the National Emergency Library and continue to use controlled digital lending to borrow books from our library (you can read the previous posts here and here). If you’d like to share your story of how you used the NEL while it was open, or how you are still using our lending library today, please leave a testimonial.
The following statements are condensed from testimonials sent to the Internet Archive:
Andrea N., Freehold, New Jersey, Reader: “I used the National Emergency Library for personal reading through the pandemic. I am a high-risk person for [COVID-19], so I have been very limited for the last three months. I am also disabled and cannot easily visit the library even when it is open to check out books. I’ve relied on the Internet Archive for many years to find things to read to help me occupy my time when I can’t do much of anything else but read. It was nice to have a wide selection of books to read during this time.”
Mirrah, Sunderland, Massachusetts, Student: Mirrah writes that the National Emergency Library and controlled digital lending “allowed me to move ahead with my studies instead of getting stumped and trying to resort to irrelevant materials. Without Internet Archive, even my university’s library (that I’m paying tuition to access) is severely stunted in its online form.” Mirrah also encourages us to consider accessibility, writing, “I think people really underestimate the importance of accessibility in educational materials. It’s very difficult to understand the impact something you don’t have access to *could* have. Much easier to take for granted the things we already have access to, thinking it is so for everyone.”
Tom C., Omaha, Nebraska, Researcher: For Tom, the National Emergency Library was a source of entertainment. “It kept the isolation of a retiree by himself bearable, even fun sometimes. Keep on making obscure books available!”
Cindy Y., Toccoa, Georgia, Reader: Cindy used the National Emergency Library “as a replacement for Stephens County Public Library. It still has limited hours it is open.” As someone who reads for enjoyment, Cindy writes that the NEL “was a refreshing way to spend endless days at home. The entertainment was fabulous and an essential part of my life. From a young girl I enjoyed reading books like Trixie Belden mysteries to Pippi Longstocking adventures. I believe reading is essential to life. Remember the pack horse librarians and their service? Digital is ours. NEL is the pack horse librarian.” Editorial note: Learn more about the Pack Horse Library Project
Tori K., Oxnard, California, Reader: “I read ancient history and religion books, which are not found in public libraries.” Tori is another reader that used the NEL for personal safety during quarantine and beyond. “The ability to read in the safety of my home is priceless because I have an autoimmune disease.”
Suvadip S., Durgapur, India, Researcher: Suvadip used the National Emergency Library to access materials that weren’t available to him in India. “I live in a small city in India. I couldn’t have afforded these books. Neither do we have such library facilities. It was like a boon for me in such difficult times. Please initiate NEL again during this difficult period.”
Karen T., Sacramento, California, Reader: Karen writes of the National Emergency Library, “It was a life saver. My local library, of which I am a regular patron, was closed and the selection of ebooks available online was limited. Being able to access the National Emergency Library made my stay at home more bearable.”
I host regular webinars about the Internet Archive’s Open Libraries program, helping librarians and others understand how controlled digital lending works, and how their library can make their print collections available to users online. The question of how to safely handle course reserves is clearly among the top priorities for academic librarians as they approach fall semester, just a few short weeks away. At nearly every webinar session since early March, and certainly every session this summer, librarians have raised the question of how controlled digital lending can work for course reserves.
We’re getting such a large number of inquiries on this topic that I thought it would be helpful to outline how Internet Archive’s Open Libraries program and controlled digital lending can help your library with course reserves this fall, and where we may have limitations in supporting your full suite of needs.
What are course reserves?
Course reserves are books & other materials that instructors and students need for particular courses. Materials are requested to be put “on reserve” by the instructor. The library sources those materials and either provides digital access (born digital or scanned) or physical access to the items.
If physical, the library holds a copy behind the circulation desk or in a special room (like the beautiful Course Reserves room in Webster Library at Concordia University, above), and students check out & read the book for a limited period of time. After that time expires, the work is returned and made available for the next student.
If digital, the item goes into the library’s e-reserves system and/or the course learning management system, such as Google Classroom, Blackboard, or Canvas, where it can be accessed by students enrolled in the class.
What’s the challenge with course reserves this fall?
Academic libraries have remained open and operational throughout COVID-19 closures, many working with limited-to-no onsite staff. Their operations were already digital, but distance learning and health and safety issues related to lending physical materials have put a renewed emphasis on digital delivery for fall semester. As libraries work to meet the needs of students and faculty returning to instruction this fall—either in person, online, or hybrid models—the demand for new ways of managing and serving course reserves is significant.
By default our books circulate for one hour, following the usage pattern of our own users and HathiTrust’s Emergency Temporary Access Service. When we have additional copies, books can also be checked out for 14 days.
If your library joins the Open Libraries program, we can process your course reserves list (either in MARC format or just a list of ISBNs) and give you back links to the books we’ve already digitized. You can incorporate those links back into your catalog, course reserves system, or learning management system.
To be clear, you don’t have to join the program to access our books. Anyone can link to our books right now. If you join, we’ll analyze your records for matches and give you back links. You can also opt to put one copy of your matched books into controlled digital lending so that we have an additional copy to lend, but again, that’s not required.
If we don’t have a book you need, you can help bump it up higher in our acquisition wish list by completing this Course Reserves request form, which will ask you to submit the book’s ISBN, title, author, year published, and anticipated # students in the course.
If you have a book that we don’t have, and you want to make it available to users to check out online through controlled digital lending, we can work with you to upload your book into our CDL environment. Please read our program limitations below, and reach out to learn more.
Internet Archive’s controlled digital lending service is not a perfect match for all course reserve scenarios. You should consider the following program limitations as you plan for fall semester:
Your patrons will have to create an account at archive.org to check out books. We don’t connect to eduroam or Shibboleth for single-sign on. (If you’re interested in helping us implement and integrate a Shibboleth connection let us know.)
You can’t limit users for a particular book to students at your school or students in a particular course. We lend to anyone with an archive.org account.
We don’t have a calendaring and notification system for one hour loans. Our one hour borrows are first come, first served. We do have waitlists and a notification system for 14 day loans.
Books added to CDL or requested to be added to CDL must be published in 2015 or earlier. If you have special needs for accessible texts for more recent books, please reach out.
We understand that our implementation of CDL won’t work for every course reserves use case. We offer our collection to assist libraries and schools in connecting students with books this fall semester. We are guided by our library’s mission to provide “universal access to all knowledge,” especially as library service and educational systems are disrupted due to COVID-19. If you have additional questions about how we can help that are not addressed here, please reach out.
“That’s how I think of it now: listening as intimacy. My shoulders dropped. The muscles in my neck and face relaxed. I breathed more deeply.”
—Donald Antrim, “How Music Can Bring Relief During These Anxious Times,” The New Yorker
Every Monday at 9:55 a.m., the concerts begin. Lap steel guitarists. Feminist indie folk bands. Improvisational cellists. For the Internet Archive staff, spread across many continents, these ten-minute concerts that begin and end our work week create an aural bubble where listening together feels intimate, uplifting. For us this music has somehow become, yes, essential. For the artists, zooming in from makeshift home stages, the chance to perform live for our staff of 100+ creates a connection with an audience that has been severed during the pandemic. “It was so nourishing to be supported, not only emotionally, but also financially at a time when musicians are being hit incredibly hard,” said singer-songwriter, Annie Hart. “It made my art feel valued and appreciated and helped me continue to make more.”
The idea to create this impromptu concert series originated with Alexis Rossi, who heads the Internet Archive’s Collections team. Five minutes before our Monday morning and Friday lunch staff zoom meetings, Alexis and Web Archiving Program Manager, Peggy Lee, act as virtual stage managers, getting performers dialed in, audio levels tweaked. The Internet Archive pays performers a small fee and staffers “tip” the artists through paypal or Venmo. “”I have several friends who are full time performers, and shelter in place completely destroyed their ability to work and make a living,” explains Rossi. “So I jumped at the chance to help book acts because I knew that even a little bit of income would help.”
“The music series has been a way we bring people into our house, the place where we come together as a community, and have this shared experience together. I love those ten minutes.”
—Peggy Lee, Co-producer, Essential Music
What started as a fun idea has solidified into ESSENTIAL MUSIC: Concerts From Home, a program that we believe could be replicated anywhere, offering organizations many intangible benefits. “The Internet Archive’s live performances have been such a bright spot in my week,” says engineer, Jason Buckner. “They bring such a positive energy to our meetings and you can see it in the faces of everyone watching on Zoom.” Just ten minutes of music seems to have a magical effect on staff: inspiration. “Seeing other creatives excel at what they do helps bind me closer to my work,” agrees Isa Herico Velasco, Internet Archive engineer. “It affirms what we are actually stewarding: the preservation and celebration of humanity.”
Here are some of the Essential Music concerts, recorded and shared by permission of the artists:
Ainsley Wagoner / Silverware (6/16/20)
Ainsley Wagoner creates ethereal music as the artist, Silverware. Ainsley is also a product designer who co-created the super cool OAM project — an experiment in mixing sound, colours, and geometries on the web. “Performing is one of my favorite parts about being a musician,” says Wagoner. “Even though I have recorded music online, nothing beats playing a song live. For now, I don’t have an in-person performance outlet, so it felt really good to do that virtually with the Internet Archive.”
Alex Spoto (6/22/20)
Alex is a multi-instrumentalist who has performed and recorded with Last Good Tooth, Benjamin Booker, and many others. He is a longtime contributor for Aquarium Drunkard and the co-author of Fowre 2: Gone Country, a book of interviews with contemporary Country musicians. He got his start playing classical violin, then ‘old-time’ folk music, and then improvised “free” music. He is currently musically obsessed with cajun fiddling, old cumbia, the jazzier side of Merle Haggard, the polyrhythmic foundation of Saharan folk music, the sly and sensitive folkways of Michael Hurley, and the Internet Archive’s 78 project!
Vickie Vertiz (6/26/20)
The oldest child of an immigrant Mexican family, Vickie Vértiz was born and raised in Bell Gardens, a city in southeast Los Angeles County. Her writing is featured in the New York Times magazine, the San Francisco Chronicle, Huizache, Nepantla, the Los Angeles Review of Books, KCET Departures, and the anthologies: Open the Door (from McSweeney’s and the Poetry Foundation), and The Coiled Serpent (from Tia Chucha Press), among many others.
Vértiz’s first full collection of poetry, Palm Frond with Its Throat Cut, published in the Camino del Sol Series by The University of Arizona Press won a 2018 PEN America literary prize. Vickie is a proud member of Colectivo Miresa, a feminist cooperative speaker’s bureau, her first poetry collection, Swallows, is available from Finishing Line Press. She teaches at the University of California, Santa Barbara.
Jess Sylvester / Marinero (6/29/20)
Jess Sylvester is a Bay Area chicanx songwriter/composer, also known as Marinero. Marinero is known for his dreamy, cholo-fi signature style of taking samples of 60s latin music and adding spacey pop flavors. His newest album, Trópico de Cáncer, is rooted in bossa nova and Tropicália sounds. Watch his profile in Content Magazine.
Sylverster says: “I was actually touched by the introduction given to me right before playing a song for their team. It was a shock to hear the level of research they had done referencing my life and past projects, and in retrospect made sense considering it was the Internet Archive just living up to their name.” Thank you for listening to my music and making me feel heard and supported.”
Ivan Forde (7/6/20)
Ivan Forde is a Guyanese-born, Harlem artist. Forde (b. 1990) works across sound performance, printmaking, digital animation and installation. Using a wide variety of photo-based and print-making processes (and more recently music and performance), Ivan Forde retells stories from epic poetry casting himself as every character. His non-linear versions of these time-worn tales open the possibility of new archetypes and alternative endings. By crafting his own unique mythology and inserting himself in historical narratives, he connects the personal to the universal and offers a transformative view of prevailing narratives in the broader culture.
Zachary James Watkins (7/10/20)
Zachary James Watkins is an Oakland-based sound artist and is one-half of the ecstatic duo Black Spirituals. Zachary has received commissions from Cornish, The Microscores Project, The Beam Foundation, Somnubutone, the sfSoundGroup and the Seattle Chamber Players. He has shared bills with Earth, the Sun Ra Arkestra, and designed the sound and composed music for the plays “I Have Loved Strangers.” His 2006 composition Suite for String Quartet was awarded the Paul Merritt Henry Prize for Composition and has subsequently been performed at the Labs 25th Anniversary Celebration, the Labor Sonor Series at Kule in Berlin Germany and in Seattle Wa, as part of the 2nd Annual Town Hall New Music Marathon. Zachary has been an artist in residence at the Espy Foundation, Djerassi and the Headlands Center for The Arts.
Bill Walker (7/13/20)
A gifted composer and instrumentalist, Bill Walker’s music has been described as cinematic, adventurous, and innovative. His solo performances create a rich tapestry of layered sounds, blending electric and acoustic guitars, lap steel guitars, and percussive guit-boxing with state of the art live looping techniques and sound design.
This Santa Cruz, CA-based musician was featured in Guitar Player Magazine for his collaboration with Erdem Helvacioglu on the critically acclaimed CD, “Fields and Fences”. To hear more tune in to his YouTube channel.
Jennifer Cheng (7/17/20)
Jennifer S. Cheng’s work includes poetry, lyric essay, and image-text forms exploring immigrant home-building, shadow poetics, and the feminine monstrous. She is the author of MOON: LETTERS, MAPS, POEMS, selected by Bhanu Kapil for the Tarpaulin Sky Award, and HOUSE A, selected by Claudia Rankine for the Omnidawn Poetry Prize. She is a 2019 NEA Literature Fellow and graduated from Brown University, the University of Iowa, and San Francisco State University.
Jess Sah Bi (7/17/20)
Jess Sah Bi, with his musical partner, Peter One, is one of the most popular musical acts in West Africa, performing to stadium-sized audiences at home in the Ivory Coast and throughout Benin, Burkina Faso, and Togo. Their album, Our Garden Needs Its Flowers, originally thrust them into stardom in the late ’80s. The album was inspired both by classic American country and folk music and the traditions of Ivorian village songs, but it focused thematically on the political turmoil of the region. Songs are sung in French, Gouro, and English.
Theresa Wong (7/24/20)
Theresa Wong is a San Francisco-based composer, cellist and vocalist active at the intersection of music, experimentation, improvisation and the synergy of multiple disciplines. Bridging sound, movement, theater and visual art, her primary interest lies in finding the potential for transformation for both the artist and receiver alike. Her works include The Unlearning (Tzadik), 21 songs for violin, cello and 2 voices inspired by Goya’s Disasters of War etchings, O Sleep, an improvised opera for an 8 piece ensemble exploring the conundrum of sleep and dream life. In 2018, Theresa founded fo’c’sle, a record label dedicated to adventurous music from the Bay Area and beyond. Theresa has shared her work internationally at venues including Fondation Cartier in Paris, Yerba Buena Center for the Arts in San Francisco, Cafe Oto in London, Festival de Arte y Ópera Contemporánea in Morelia, Mexico and The Stone and Roulette in New York City.
After her performance, the artist wrote, ““I could sense the spirit reaching out beyond glass and pixels, sparking back to life that basic need of connecting with others.”
Yesterday, the Internet Archive filed our response to the lawsuit brought by four commercial publishers to end the practice of Controlled Digital Lending (CDL), the digital equivalent of traditional library lending. CDL is a respectful and secure way to bring the breadth of our library collections to digital learners. Commercial ebooks, while useful, only cover a small fraction of the books in our libraries. As we launch into a fall semester that is largely remote, we must offer our students the best information to learn from—collections that were purchased over centuries and are now being digitized. What is at stake with this lawsuit? Every digital learner’s access to library books. That is why the Internet Archive is standing up to defend the rights of hundreds of libraries that are using Controlled Digital Lending.
The publishers’ lawsuit aims to stop the longstanding and widespread library practice of Controlled Digital Lending, and stop the hundreds of libraries using this system from providing their patrons with digital books. Through CDL, libraries lend a digitized version of the physical books they have acquired as long as the physical copy doesn’t circulate and the digital files are protected from redistribution. This is how Internet Archive’s lending library works, and has for more than nine years. Publishers are seeking to shut this library down, claiming copyright law does not allow it. Our response is simple: Copyright law does not stand in the way of libraries’ rights to own books, to digitize their books, and to lend those books to patrons in a controlled way.
“The Authors Alliance has several thousand members around the world and we have endorsed the Controlled Digital Lending as a fair use,” stated Pamela Samuelson, Authors Alliance founder and Richard M. Sherman Distinguished Professor of Law at Berkeley Law. “It’s really tragic that at this time of pandemic that the publishers would try to basically cut off even access to a digital public library like the Internet Archive…I think that the idea that lending a book is illegal is just wrong.”
These publishers clearly intend this lawsuit to have a chilling effect on Controlled Digital Lending at a moment in time when it can benefit digital learners the most. For students and educators, the 2020 fall semester will be unlike any other in recent history. From K-12 schools to universities, many institutions have already announced they will keep campuses closed or severely limit access to communal spaces and materials such as books because of public health concerns. The conversation we must be having is: how will those students, instructors and researchers access information — from textbooks to primary sources? Unfortunately, four of the world’s largest book publishers seem intent on undermining both libraries’ missions and our attempts to keep educational systems operational during a global health crisis.
The publishers’ lawsuit does not stop at seeking to end the practice of Controlled Digital Lending. These publishers call for the destruction of the 1.5 million digital books that Internet Archive makes available to our patrons. This form of digital book burning is unprecedented and unfairly disadvantages people with print disabilities. For the blind, ebooks are a lifeline, yet less than one in ten exists in accessible formats. Since 2010, Internet Archive has made our lending library available to the blind and print disabled community, in addition to sighted users. If the publishers are successful with their lawsuit, more than a million of those books would be deleted from the Internet’s digital shelves forever.
I call on the executives at Hachette, HarperCollins, Wiley, and Penguin Random House to come together with us to help solve the pressing challenges to access to knowledge during this pandemic. Please drop this needless lawsuit.
We are excited to announce a significant expansion of our partnership. With a generous award of $800,000 (USD) to the University of Waterloo from The Andrew W. Mellon Foundation, Archives Unleashed and Archive-It will broaden our collaboration and further integrate our services to provide easy-to-use, scalable tools to scholars, researchers, librarians, and archivists studying and stewarding web archives. Further integration of Archives Unleashed and Archive-It’s Research Services (and IA’s Web & Data Services more broadly) will simplify the ability of scholars to analyze archived web data and give digital archivists and librarians expanded tools for making their collections available as data, as pre-packaged datasets, and as archives that can be analyzed computationally. It will also offer researchers a best-of-class, end-to-end service for collecting, preserving, and analyzing web-published materials.
The Archives Unleashed team brings together a team of co-investigators. Professor Ian Milligan, from the University of Waterloo’s Department of History, Jimmy Lin, Professor and Cheriton Chair at Waterloo’s Cheriton School of Computer Science, and Nick Ruest, Digital Assets Librarian in the Digital Scholarship Infrastructure department of York University Libraries, along with Jefferson Bailey, Director of Web Archiving & Data Services at the Internet Archive, will all serve as co-Principal Investigators on the “Integrating Archives Unleashed Cloud with Archive-It” project. This project represents a follow-on to the Archives Unleashed project that began in 2017, also funded by The Andrew W. Mellon Foundation.
“Our first stage of the Archives Unleashed Project,” explains Professor Milligan, “built a stand-alone service that turns web archive data into a format that scholars could easily use. We developed several tools, methods and cloud-based platforms that allow researchers to download a large web archive from which they can analyze all sorts of information, from text and network data to statistical information. The next logical step is to integrate our service with the Internet Archive, which will allow a scholar to run the full cycle of collecting and analyzing web archival content through one portal.”
“Researchers, from both the sciences and the humanities, are finally starting to realize the massive trove of archived web materials that can support a wide variety of computational research,” said Bailey. “We are excited to scale up our collaboration with Archives Unleashed to make the petabytes of web and data archives collected by Archive-It partners and other web archiving institutions around the world more useful for scholarly analysis.”
The project begins in July 2020 and will begin releasing public datasets as part of the integration later in the year. Upcoming and future work includes technical integration of Archives Unleashed and Archive-It, creation and release of new open-source tools, datasets, and code notebooks, and a series of in-person “datathons” supporting a cohort of scholars using archived web data and collections in their data-driven research and analysis. We are grateful to The Andrew W. Mellon Foundation for their support of this integration and collaboration in support of critical infrastructure supporting computational scholarship and its use of the archived web.
Primary contacts: IA – Jefferson Bailey, Director of Web Archiving & Data Services, jefferson [at] archive.org AU – Ian Milligan, Professor of History, University of Waterloo, i2milligan [at] uwaterloo.ca
On July 22, 2020, Pamela Samuelson, Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley, spoke at a press conference about the copyright lawsuit against the Internet Archive brought by the publishers Hachette, HarperCollins, Wiley, and Penguin Random House.These are her remarks:
Good afternoon. Very happy to be here with you today. The Authors Alliance has several thousand members around the world and we have endorsed the controlled digital lending as a fair use and I think that this is a lawsuit I hoped would never happen. Because controlled digital lending has been going on for such a long time, it’s really tragic that at this time of pandemic that the publishers would try to basically cut off even access to a digital public library like the Internet Archive is running.
I don’t know about your library, but my libraries in California are closed. I can’t get any books out of even the University of California Berkeley Library at this point, the whole campus is closed, and so while I haven’t been using the Open Library for my research purposes because they don’t have the books in it that I need, I do think that that it’s just a heartless, tragic thing that this lawsuit is really trying to stop a very positive thing that Internet Archive has been doing.
I’m one of the legal scholars who has endorsed the controlled digital lending statement. I think that even under some second circuit opinions, one can say that the Open Library has actually a utility-enhancing transformative use. It’s certainly nonprofit, it’s educational, and it promotes literacy and many, many positive things. I think that the idea that lending a book is illegal is just wrong.
I would actually like to point out that in Germany, where copyright laws are generally stronger than in the United States, that the Darmstadt Technical University was able to succeed in its non-infringement claim for digitizing a book, and here’s the important point: just because the publisher wanted to license an ebook to that library, the Court of Justice of the European Union said it’s not an infringement for the library to actually digitize one of its own books and make that book available to the public. So if that’s true in Germany, I think it should be true in the US as well.
About the speaker:
Pamela Samuelson is the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley. She is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy. Since 1996, she has held a joint appointment at Berkeley Law School and UC Berkeley’s School of Information. Samuelson is a director of the internationally-renowned Berkeley Center for Law & Technology. She is co-founder and chair of the board of Authors Alliance, a nonprofit organization that promotes the public interest in access to knowledge. She also serves on the board of directors of the Electronic Frontier Foundation, as well as on the advisory boards for the Electronic Privacy Information Center , the Center for Democracy & Technology, Public Knowledge, and the Berkeley Center for New Media.
There’s little doubt that both learning and work require a high degree of technology use. As schooling continues to move online in response to COVID-19, students are expected to be able to access, process, manipulate, and interpret digital content. This has brought to light a significant skill that separates successful learners from those who struggle: digital fluency. Digital fluency is a step above “digital literacy.” Learners now need to know much more than just the basics of navigating the internet, writing an email, and making their way around common productivity applications like spreadsheets. Digital fluency includes skills such as using technology tools for collaboration, marshaling online resources to solve a problem, and evaluating the accuracy of a source.
Despite the “whiz-kid” reputation of Generation Z, an alarming number of high school students lack the appropriate level of digital fluency. This set of skills is part of a larger group of key work and learning aptitudes called 21st Century Skills. A lack of digital fluency can harm students’ futures as they progress into college and careers where these skills are necessary.
Fortunately, having students complete assignments with the aid of the Internet Archive’s digital library can help build digital fluency. Students and teachers can use Internet Archive as a collaborative tool for sharing books and digital content across remote teams or classrooms, removing the physical barriers of access to books and collaborators. They can use digital libraries like Internet Archive to conduct research for assignments, with access to 20th-century texts that aren’t available from other sources. Finally, they can cross-reference sources to evaluate the accuracy of material they may find elsewhere on the internet.
Other features of Internet Archive’s digital library promote digital fluency for students as well. For example, the site includes advanced search and sorting features that are commonly used on research websites. It is critical for students to understand how to use the right keywords to find what they need, as well as how to find the most recent (or oldest) material, particular authors or publications, etc. On Internet Archive, this can be done from the advanced search options in the left toolbar. Sorting by the number of views, title, date published or the creator is available by clicking the appropriate header at the top of the search results. Even when you have the material you are looking for, you need to know how to find the specific content within it. You can do this at Internet Archive by using the search box in the upper right corner when a particular book is open on the screen.
Nearly a quarter of the way into the 21st century, learning is changing rapidly and digital fluency is becoming increasingly important for students. Tools such as Internet Archive’s digital library can help students develop these skills through activities like team collaboration, online research, and verifying sources. With multiple features that support learning in the classroom or remotely, teachers and students should consider Internet Archive a valuable resource for their work and learning.
Matt Poland is founder of MAP Consulting, an educational consulting firm specializing in workforce development.
I wanted to share my thoughts in response to the lawsuit against the Internet Archive filed on June 1 by the publishers Hachette, Harpercollins, Wiley, and Penguin Random House.
I founded the Internet Archive, a non-profit library, 24 years ago as we brought the world digital. As a library we collect and preserve books, music, video and webpages to make a great Internet library.
We have had the honor to partner with over 1,000 different libraries, such as the Library of Congress and the Boston Public Library, to accomplish this by scanning books and collecting webpages and more. In short, the Internet Archive does what libraries have always done: we buy, collect, preserve, and share our common culture.
But remember March of this year—we went home on a Friday and were told our schools were not reopening on Monday. We got cries for help from teachers and librarians who needed to teach without physical access to the books they had purchased.
Over 130 libraries endorsed lending books from our collections, and we used Controlled Digital Lending technology to do it in a controlled, respectful way. We lent books that we own—at the Internet Archive and also the other endorsing libraries. These books were purchased and we knew they were not circulating physically. They were all locked up. In total, 650 million books were locked up just in public libraries alone. Because of that, we felt we could, and should, and needed to make the digitized versions of those books available to students in a controlled way to help during a global emergency. As the emergency receded, we knew libraries could return to loaning physical books and the books would be withdrawn from digital circulation. It was a lending system that we could scale up immediately and then shut back down again by June 30th.
And then, on June 1st, we were sued by four publishers and they demanded we stop lending digitized books in general and then they also demanded we permanently destroy millions of digital books. Even though the temporary National Emergency Library was closed before June 30th, the planned end date, and we are back to traditional controlled digital lending, the publishers have not backed down.
Schools and libraries are now preparing for a “Digital Fall Semester” for students all over the world, and the publishers are still suing.
Please remember that what libraries do is Buy, Preserve, and Lend books.
Controlled Digital Lending is a respectful and balanced way to bring our print collections to digital learners. A physical book, once digital, is available to only one reader at a time. Going on for nine years and now practiced by hundreds of libraries, Controlled Digital Lending is a longstanding, widespread library practice.
What is at stake with this suit may sound insignificant—that it is just Controlled Digital Lending—but please remember– this is fundamental to what libraries do: buy, preserve, and lend.
With this suit, the publishers are saying that in the digital world, we cannot buy books anymore, we can only license and on their terms; we can only preserve in ways for which they have granted explicit permission, and for only as long as they grant permission; and we cannot lend what we have paid for because we do not own it. This is not a rule of law, this is the rule by license. This does not make sense.
We say that libraries have the right to buy books, preserve them, and lend them even in the digital world. This is particularly important with the books that we own physically, because learners now need them digitally.
This lawsuit is already having a chilling impact on the Digital Fall Semester we’re about to embark on. The stakes are high for so many students who will be forced to learn at home via the Internet or not learn at all.
Librarians, publishers, authors—all of us—should be working together during this pandemic to help teachers, parents and especially the students.
I call on the executives at Hachette, HarperCollins, Wiley, and Penguin Random House to come together with us to help solve the pressing challenges to access to knowledge during this pandemic.
Put simply, the campaign asks Congress to clarify libraries’ right to buy and lend books today as they have done for centuries.
Today, amidst a skyrocketing demand for digital books, many books are not available on digital shelves at any price because there are no commercially available digital versions of older titles. This gap limits how libraries can serve their patrons.
“Many libraries are currently closed, and sadly it looks like they may be for months to come,” said John Bergmayer, Legal Director of Public Knowledge. “We need to make sure that libraries can continue serving their communities, not just during the pandemic, but after, as tightened budgets put the squeeze on library services and limit the scope of their collections.”
Filling the Gap with Controlled Digital Lending
Libraries have begun making and lending out digital versions of physical works in their collections based on current legal protections—a practice called Controlled Digital Lending, or CDL. As Public Knowledge’s Let Libraries Fight Back campaign explains:
CDL is a powerful tool to bridge the gap between print and electronic resources. Under CDL, a digital copy of a physical book can only be read and used by one person at a time. Only one person can “borrow” an electronic book at once, and while it is being lent electronically, the library takes the physical book out of circulation.
CDL allows libraries to reach their patrons even when those patrons can’t make it to the physical library — a problem that’s been more prevalent than ever during the pandemic. Without programs like this, library patrons are prevented from accessing a world of content and information — and low-income, rural, and other marginalized communities are hit the hardest.
However, Public Knowledge acknowledges that the challenge extends beyond print materials. “Controlled Digital Lending makes it so that a library’s existing print collection is more useful, and can be accessed remotely,” explained Bergmayer. “But we also need to make sure that libraries can acquire digital-native books and other media under the same terms they have always operated under.”