Tag Archives: CDL

Author Shares Mentoring Expertise Through Controlled Digital Lending

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.

The Mentor’s Way: Eight Rules for Bringing Out the Best in Others by Rik Nemanick, now available for borrowing through Controlled Digital Lending.

“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.”

Over the years, the St. Louis businessman was urged to put his leadership development research and expertise into a book. Published in 2016 by Routledge, The Mentor’s Way: Eight Rules for Bringing Out the Best in Others, is now available for lending through the Internet Archive.

“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.

Author and mentoring consultant Rik Nemanick

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.”

Registration Is Now Open for the Library Leaders Forum

Every October we host the Library Leaders Forum, which is traditionally a one-day workshop that brings together librarians, archivists, and information managers to learn about emerging technologies in libraries. Registration is now open for this year’s Forum, which will be entirely virtual. We hope you can join in and learn from a distance about new developments and projects at the Internet Archive, especially those relating to controlled digital lending.

The theme of this year’s Forum is “Empowering Libraries and Communities Through Digital Lending.” With library service impacted at global scale due to COVID-19, libraries have had to adjust their digital lending programs to meet the needs of the communities they serve. Join experts from the library, copyright, and information policy fields for a three-week virtual event exploring current digital lending strategies for libraries and the future of digital lending. Sessions will be held online October 6, 13, & 20.

October 6: Policy
10am-12pm PDT
Join leaders in the library copyright community & policy experts for a panel discussion on the future of digital lending and its value to libraries and the communities they serve.

October 13: Community
10am-12pm PDT
A community of practice has emerged around controlled digital lending. Learn from leaders who are developing next generation library tools that incorporate and build upon CDL.

October 20: Impact
10am-12pm PDT
Learn from libraries that have implemented controlled digital lending and hear from users about the impact the library practice has made for them.

Register now for each session, and also check out our pre-conference workshop “How Controlled Digital Lending Works for Libraries.”

Last year’s Forum was a rousing success! Read the recap.

Judge Sets Tentative Trial Date for November 2021

This week, a federal judge issued this scheduling order, laying out the road map that may lead to a jury trial in the copyright lawsuit brought by four of the world’s largest publishers against the Internet Archive. Judge John G. Koeltl has ordered all parties to be ready for trial by November 12, 2021. He set a deadline of December 1, 2020, to notify the court if the parties are willing to enter settlement talks with a magistrate judge. 

Attorneys for the Internet Archive have met with representatives for the publishers, but were unable to reach an agreement. “We had hoped to settle this needless lawsuit,” said Brewster Kahle, Internet Archive’s founder and Digital Librarian. “Right now the publishers are diverting attention and resources from where they should be focused: on helping students during this pandemic.” 

The scheduling order lays out this timeline:

  • Discovery must be completed by September 20, 2021;
  • Dispositive motions must be submitted by October 8, 2021;
  • Pretrial orders/motions must be submitted by October 29, 2021;
  • Parties must be ready for trial on 48 hours notice by November 12, 2021.

In June, Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC—with coordination by the Association of American Publishers—filed a lawsuit to stop the Internet Archive from digitizing and lending books to the public, demanding that the non-profit library destroy 1.5 million digital books. 

Publishers Weekly Senior Writer Andrew Albanese has been covering the story from the beginning. In a July 31st Beyond the Book podcast for the Copyright Clearance Center, Albanese shared his candid opinions about the lawsuit. “If this was to be a blow out, open-and-shut case for the publishers, what do the publishers and authors get?” Albanese asked. “I’d say nothing.”

“Honestly, a win in court on this issue will not mean more sales for books for publishers. Nor will it protect any authors or publisher from the vagaries of the Internet,” the Publishers Weekly journalist continued. “Here we are in the streaming age, 13 years after the ebook market took off, and we’re having a copyright battle, a court battle over crappy PDFs of mostly out-of-print books? I just don’t think it’s a good look for the industry.”

In order to make the vast majority of 20th Century books accessible to digital learners, libraries such as the Internet Archive have been digitizing the physical books they own and lending them on a 1-to-1 “own to loan” basis—a legal framework called Controlled Digital Lending. Publishers refuse to sell ebooks to libraries, insisting on temporary licenses on restrictive terms.  This business practice “threatens the purpose, values, and mission of libraries and archives in the United States,” explains Kyle K. Courtney, copyright advisor to Harvard University Libraries. “It undermines the ability of the public (taxpayers!) to access the materials purchased with their money for their use in public libraries and state institutions, and further, it is short sighted, and not in the best interest of library patrons or the public at large.” 

“Libraries have always had the right to buy and lend books. It’s at the core of a library’s mission,” said Kahle. “The Internet Archive would like to purchase ebooks, but the publishers won’t sell them to us, or to any library. Instead they are suing us to stop all learners from accessing the millions of digitized books in our library.”

Harvard Copyright Scholar: “Libraries have special authority”

On July 22, 2020, Kyle K. Courtney, Copyright Advisor at Harvard University, spoke at a press conference about the copyright lawsuit against the Internet Archive brought by the publishers Hachette, HarperCollins, Wiley, and Penguin Random House. He holds a J.D. with distinction in Intellectual Property Law and a Master of Science in Library and Information Science (MSLIS) degree. Courtney is a published author and nationally recognized speaker on the topics of copyright, technology, libraries, and the law. These are his remarks:

Part of my work in scholarship is about the roles of copyright and the library landscape. I wrote the white paper on Controlled Digital Lending of library books with my coauthor David Hansen at Duke University Libraries. And it presents the legal rationale supporting the overview document called the Position Statement on Controlled Digital Lending, which has been endorsed by many national library organizations, regional library consortia, specific library systems, themselves, individual librarians, and legal experts. Ultimately, though, this is about how libraries can do what they’ve always done, right? Lend books. The paper looks at the underpinnings of the library’s historical mission through the lens of both fair use and first sale, true critical rights that I think any library uses in their programs, right? Both for lending and preservation. And I discuss how libraries can legally lend digital copies of their print collections using this technology.

But I’d like to point out that a CDL system is not a brand new concept, like Corynne stated: libraries loan books to the public. It’s what they do, for centuries. And libraries do not need permission or a license to loan those books that they have purchased or acquired. Copyright law covers those exact issues. But the difference here, I think, and some of the conflict is that the vendors and publishers have to ask permission, right? They must license. This is their business model. Historically, libraries are special creatures of copyright law; libraries have a legally authorized mandate, by the way, granted by Congress, to complete their mission to provide both access to materials. Congress actually placed all of these specialized copyright exemptions for libraries in the Copyright Act itself. So that’s kind of fun to look at library’s unique role in copyright law, they sit right in the middle, both housing the economic purpose of copyright: “we buy the books, we buy lots of books,” and the access purpose of copyright, which is, “we loan the books out to our users.”

Or if you want to put that in the constitutional narrative: libraries are promoting the progress of science and the useful arts. Libraries have historically provided unfettered access and freedom to the books that they purchase for their communities. Now, because of that, there’s multiple versions of CDL-like systems that are currently used in libraries. But I think the origin of the real legal underpinning concept was first explored by Professor Michelle Wu at Georgetown University School of Law in an article that she wrote that I read many times, “Building a Collaborative Digital Collection.” Later, the Internet Archive formed up the Open Library Program, which Chris talked about, which was nine years ago. And other institutions are exploring this option right in their own individual libraries or part of consortia or within affinity groups.

It’s exciting to see, but at its core, Controlled Digital Lending is about replicating, through the Controlled Digital Lending Process, the legal and economically significant aspects of physical lending. And in other words, let’s put this simply: it continues to preserve the powers in the print. A library has these significant legal usage rights and they have great fiscal value in their collections. Some public library systems have spent millions upon millions of dollars to make their collections accessible to the community. And I believe the CDL structure preserves that value by enhancing access of these works to the public through technology. And as Chris pointed out, it’s the same technology that’s used by publishers to distribute in the commercial marketplace.

Again, this may be about the fear of technology, certainly, but technology should be used to enhance access to materials and do what libraries have always done: increasing access to knowledge by loaning the materials to the public. Just because we’re using technology does not mean that suddenly these acts are new. And in fact, libraries have special authority to provide both access longterm to information and preserve these materials for much longer than the business model of any particular corporation, company, or vendor.

And this is especially true with the 20th Century works that are in libraries, right? They have not been available in the digital world across the board. They call this “The 20th Century Black Hole.” Many 20th Century books are not available for purchase as new copies or in print or digital versions online. And I don’t know if your students are like mine or anyone else or patrons: if it’s not digital, it’s almost like it doesn’t exist. Libraries would like to provide digital access, but we can’t, because these are not available in a licensed format or in a digital format that’s available to loan, but we have them on our shelves.

So as many of our student patrons say, “We want access to these works,” and these could be long lost print works, by the way, that are really not lost; they’re on the shelves of our libraries, just trapped there, and in COVID maybe trapped there for a longer time than anticipated. So imagine the potentially enormous high social and scholarly value and relatively low risk if we make these works available to the public for reading, quoting, citing, adaption, using Wikipedia articles. So that’s kind of the exciting aspect of it. I’m not going to get into great detail, but our principle argument in this paper, which summarizes all these points, is that Controlled Digital Lending is a fair use, which is an equitable rule of reason, that permits libraries to do what they’ve always done. And under the First Sale Doctrine, loan those books to users. Thanks a lot for your time.

Open Libraries Director: “Everyone should have equal and equitable access to a comprehensive library”

On July 22, 2020, Chris Freeland, Director of Open Libraries at the Internet Archive, spoke at a press conference about the copyright lawsuit brought by the publishers Hachette, HarperCollins, Wiley, and Penguin Random House against our non-profit digital library. These are his remarks:

I’m Chris Freeland, I’m a librarian at the Internet Archive and I’m the Director of the Open Libraries Program at the Internet Archive. I’ve been at the Internet Archive for more than two and a half years. Before joining the Archive, I was an associate university librarian at Washington University in St. Louis, and then before that I was the Technical Director of a project called the Biodiversity Heritage Library. And so for more than 15 years, I’ve worked in partnership with the Internet Archive to digitize books and make them as widely available as possible through technology and through copyright.

In that same amount of time, that’s when the Internet Archive was partnering with those one thousand libraries that Brewster just mentioned to digitize nearly four million books. So most of those books, when we were partnering with libraries, most of those books were in the public domain, and that means that those were easily published online. They didn’t need restrictions for use. They didn’t need any kind of controls. But at the Internet Archive, we think that everyone deserves to learn. So our goal is to build a research library with more than four million modern books that we can make available to users all over the world.

Now you may be asking why four million? Four million books is the size of a large metropolitan public library. It’s about the same size as a Chicago Public Library or a San Francisco Public Library. And we think that everyone, regardless of where they live, should have equal and equitable access to a comprehensive library. And so to date, we’ve digitized nearly 1.5 million books on the way towards that four million book goal.

So the way that we lend books to our patrons is through Controlled Digital Lending. So Controlled Digital Lending is a legal practice that makes works accessible that are still in copyright. We started working with Controlled Digital Lending with the Boston Public Library, on a pilot that we called at that time “digitize and lend” those books that were in copyright. Now, nine years later, hundreds of other libraries of all sizes in the US and Canada are also participating in Controlled Digital Lending and they’ve embraced the model.

So here’s the way the Controlled Digital Lending works. We only loan as many copies as we and our library partners own, and those checkouts have time limits and the files are protected by the same digital rights management software that publishers use. It’s not a free-for-all. It’s controlled, that’s the “control” in Controlled Digital Lending. So Controlled Digital Lending helps us make information available, which is incredibly important from my perspective as a librarian. It’s a necessary way to increase equity in our education system, and it’s part of the mission of libraries.

In addition to digitizing, we’re also helping libraries and institutions preserve their collections and to keep them safe and accessible. So let me give you a little example, a story from last year. Marygrove College closed last year, and a central concern for the school’s president, Dr. Elizabeth Burns, and for the Board of Trustees is what do we do with the library? Those 70,000 volumes that are in that library that were in the school that was closing. So after hearing about the Internet Archive’s Controlled Digital Lending program, the college decided to donate the entire library to us for digitization and for preservation, so that the legacy of the college would live on. And so that those books would be available for future scholars.

So in closing my little portion here, I want to leave you with an impact story of why Controlled Digital Lending matters. So we’ve received hundreds of testimonials and published two blog posts that are full of statements from users who have used our lending library while their own libraries and their schools were closed. And one such statement really helped underscore that impact of CDL. And it comes to us from Benjamin Saracco, who is a librarian at a medical center in New Jersey. And Benjamin wrote to us, and to let us know that he was able to find basic life support manuals that were needed by the frontline workers at the medical center where he worked. He needed those and he had to use our library because his physical collection was closed due to COVID-19. It may sound impossible to think, but it’s true. Lives were saved because of Controlled Digital Lending. That is impactful.

Small Publisher Embraces Controlled Digital Lending to Connect with New Readers 

Anne McDonald and Jason C. McDonald of AJ Charleson Publishing LLC, and a selection of their books, which are now available for borrowing through controlled digital lending.

By Caralee Adams, freelance writer.

Jason C. McDonald wrote the first draft of his latest mystery using a manual typewriter.

“It forces you to think about the flow of writing in a different way than when you can’t easily erase something,” says the author and owner of AJ Charleson Publishing LLC. “It can take a story in a very unexpected — and great — direction.”

McDonald may be old school in his approach to crafting a novel, but he is innovative in how he is trying to connect with readers.

The Idaho writer has long been a fan of the Internet Archive and its vast amount of newspapers, magazines, and recordings for research. So when it came to getting exposure for his books, McDonald wanted to give back to the collection.

McDonald recently contributed three copies of books published by his small company that he formed in 2018 to the Internet Archive. A digital version of his books, Finding Scrooge and Noah Clue, P.I., along with a book, Love’s Refining Fire, by Anne McDonald, Jason’s mother, are now available through Controlled Digital Lending.  He shared the news of the free digital availability of his titles on Twitter and in a banner on the company website.

“I really support libraries and Internet Archive’s lending program is basically an international library. It spans borders,” says McDonald. “The whole purpose is to get these resources into the hands of people that need them in a way that is controlled — and it’s free.”

McDonald is a computer programmer by day and author who is chipping away on four manuscripts now on nights and weekends. He’s just getting started with his independent publishing company and would like to expand. Yet, it’s a struggle to get the word out about his print books. McDonald lists his titles in buyers’ catalogues, promotes them at book signings and relies on word of mouth marketing.

“Especially here in COVID era, we aren’t going to bookstores. People want to be able to read part of a book first to get an idea of what it’s like,” says McDonald. “Buying a print-only book sight unseen is an odd idea to some people.”

I think in the end, [Controlled Digital Lending] drives sales because you are finding readers you wouldn’t normally have. Those readers aren’t getting a copy that they keep forever — it’s a copy that’s going to lead them to want to own it.

Jason C. McDonald, author and publisher, AJ Charleson Publishing

The Archive also provides readers of its digitized online books a chance to easily purchase a copy through Better World Books, an affordable alternative to Amazon and an avenue to help amplify sales for less well-known authors. Having his works circulating digitally through the Internet Archive will give the public a chance to read part — or all — of his books and then make an informed decision about whether they want to buy it.

“It’s the same logic as with a library. It increases the visibility of a book,” McDonald says of CDL. “I think in the end, it drives sales because you are finding readers you wouldn’t normally have. Those readers aren’t getting a copy that they keep forever — it’s a copy that’s going to lead them to want to own it.”

Knocking Down the Barriers to Knowledge: Lila Bailey wins IP3 Award

Lila Bailey, Esq.—Policy Counsel for the Internet Archive

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.”

Lila Bailey, center, with lawyers and librarians Michelle Wu, Lisa Weaver, Jim Michalko, Michael Blackwell and Tom Blake in 2019, during visits to Capitol Hill where they helped explain Controlled Digital Lending to key legislators.

As a law school student at Berkeley Law, Bailey was a student attorney at the Samuelson Law, Technology & Public Policy Clinic, where she laid the legal groundwork for the Internet Archive’s Television News Archive.

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.”

–Lila Bailey

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.”

On September 24, IP3 Awards will also be presented to Matthew Rantanen (Canadian Cree), Director of Technology for the Southern California Tribal Chairmen’s Association and Director for the Tribal Digital Village Network InitiativeGeoffrey C. Blackwell (Chickasaw, Choctaw, Omaha, Muscogee Creek), Chief Strategy Officer and General Counsel for AMERIND, for their work establishing AMERIND Critical Infrastructure, focused on closing the digital divide in Indian Country. Also being honored is Stop Hate for Profit, a campaign that organized a mass boycott of Facebook advertising.

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.

How Internet Archive and controlled digital lending can help course reserves this fall

Webster Library’s Course Reserves Room, Concordia University by Librarianpam under CC BY-SA 4.0

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.

How can Internet Archive help?

  • Our lending library of 1.5M digitized books is available to your patrons right now.  Our books are available to borrow by anyone with an email address and an internet connection, with a simple signup form.
  • 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.

Limitations

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.

Copyright Expert on Publishers Lawsuit: “The idea that lending a book is illegal is just wrong”

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.

Digital Fluency is Key to Learning this Fall and Beyond

By Matt Poland, educational specialist

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.

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.

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.