At today’s Library Leaders Forum, Internet Archive founder and digital librarian Brewster Kahle announced that Michelle Wu will receive 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 Wu was ahead of her time in understanding the transition to the digital era and brought library lending into our new landscape,” said Kahle. “Not only did Michelle see a problem coming, she did something about it.”
Pamela Samuelson, the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley, agrees that Wu’s scholarship and contributions to the field have been important. Said Samuelson, “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.”
Wu will receive the award and present an overview of her work during the final Library Leaders Forum session on October 20 at 10am PDT. Registration is free for the virtual event.
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. The crisis has proven the power and importance of digital tools in responding to crisis and empowering those who would otherwise be excluded from access to knowledge and education.
So where do we go from here? How can we harness the learnings from this extraordinary time to build the library of the 21st century? This October at the Library Leaders Forum, experts from the library, copyright, and information policy fields will come together for a three-week virtual event exploring the future of digital lending and its key role in a democratic society. Here are our three key discussion points:
Information policy in the digital age: how can we empower libraries?
Our first session will focus on policy: how can we build a healthy information ecosystem for the 21st Century? The COVID-19 pandemic has demonstrated that digital access to library materials is more important than ever, and that our current models are not adequate to meet this need. Digital access is particularly important for the most vulnerable people in our society, including disadvantaged communities, people with print disabilities, and those affected by emergency. Information policy, therefore, has wide-ranging implications for equality and the right to education. In this session, librarians, authors, and publishers will come together to discuss what’s broken, what’s working, and the future of information policy and practice.
What is the role of controlled digital lending in the library of the future?
Our second session explores the community of practice around controlled digital lending. The power of this key library practice in helping libraries and educators reach marginalized communities and respond to emergencies has been demonstrated during the COVID-19 period. There are now hundreds of libraries using the practice to reach their communities while service is disrupted. The potential of controlled digital lending for contributing to a more equal society where everyone has access to knowledge is clear; how can we expand on the current uses of this powerful tool? In this session, we’ll learn from librarians, educators, and technologists who are developing next-generation library tools that incorporate and build upon controlled digital lending.
How does controlled digital lending impact communities & librarians?
Libraries serve communities, and our tools are successful when they have a positive impact on people’s lives. Our final session will therefore focus on first-hand experiences of the impact of controlled digital lending. We’ll hear from libraries that have implemented the practice and from library users about what it has meant for them. We look forward to hearing from those on the frontlines of the COVID-19 response about how they are using digital library practices to adapt to the situation and continue to serve those who most need free access to digital materials.
Beyond the Forum: the #EmpoweringLibraries campaign
The issues raised at the Forum are not merely theoretical, but require urgent action in the face of a new lawsuit which threatens the practice of controlled digital lending and the age-old role of libraries in society. It is crucial for the future of libraries and the rights of our most vulnerable communities that the ideas and experiences shared during the forum are heard more widely. In order to empower the community to stay connected and make their voices heard after the Forum, we will launch the #EmpoweringLibraries campaign, defending the right of libraries to own, preserve and lend digital books. The campaign will turn the ideas discussed during the Forum into action, and the community into a movement for change.
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.”
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.
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.”
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.
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.
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.