Author Archives: Lila Bailey

Building a Better Internet: Internet Archive Convenes DC Workshop

Photo of workshop participants, by Caralee Adams

Thought leaders from libraries, academia, and civil society gathered at Georgetown Law Center in Washington, D.C., on June 23 to discuss how to best advance policies that improve the ease, affordability and equity in how people access knowledge in the digital age.

Convened by the Internet Archive, this workshop was designed as a continuation of a conversation that the public interest community, including Internet Archive, Creative Commons, Public Knowledge, Library Futures, and the Wikimedia Foundation, started last summer around building a better internet centered on public interest values.

While U.S. lawmakers’ focus on internet policy has largely been directed at reigning in the “Big Tech” commercial platforms, this workshop took a different approach. Rather than centering the challenges with today’s for-profit, commercial platforms, the workshop centered the barriers libraries face and potential opportunities for them to help solve challenges with our digital information ecosystem.

Our hope as organizers was that we could map the terrain, find common ground, and identify areas for further discussion. And even in a short amount of time, we were able to do that in spades. Here are a few of our key learnings, and what’s next.

Key Opportunities

Participants recognized that libraries could fill an important gap in the current online environment, as they have done for hundreds of years offline–indeed, providing free access to high quality, trusted information is libraries’ primary mission. As our information ecosystem becomes increasingly digital, the world often looks to libraries to do even more. For instance, scholar Joan Donovan has suggested that platform companies hire 10,000 librarians to help curate their services and support access to quality information. Others have suggested libraries could be doing fact checking, building and hosting social media networks, and more. One important way to combat misinformation is with better information provided by libraries; however, this is not without its challenges.

Key Barriers

Participants identified two significant barriers for full library participation in the digital information ecosystem as media consolidation and copyright overreach by powerful publishers. The group discussed a wide range of possible solutions to these challenges including antitrust scrutiny, contract preemption, supporting a robust public domain, controlled digital lending, and digital ownership.


The group was motivated by a desire to serve the public over commercial interests, and expressed their commitment to making sure equity was woven through all proposals in a thoughtful and authentic manner. Libraries support access to information and creative empowerment for all. We understand that a better internet must work for everyone, including underserved and vulnerable populations.

As the organizers of this event, we are very grateful to all the participants for contributing their time and expertise to this effort. Up next, we will hold virtual workshops to include additional members of the community in these discussions followed by the publication of a longer report with our findings and policy recommendations. Stay tuned for future updates as this effort moves forward.


Knowledge Rights 21 Calls for Action on Library Rights

Last week, Knowledge Rights 21 released a strong call to action to ensure that libraries can continue serving their centuries old role in society of providing access to knowledge to the public. Knowledge Rights 21 is an Arcadia funded project advocating for copyright and open access reform across Europe.

In their Position Statement on eBooks and eLending, Knowledge Rights 21 explains that government action is urgently needed because the market for eBooks now operates outside of the current copyright law that permits libraries to acquire, lend and preserve physical books. Monopolistic behavior by commercial publishers including refusals to sell, embargoes, high prices, and restrictive licensing terms have frustrated libraries’ ability to undertake collection development, hurting those who rely on libraries for education, research, and cultural participation.

The Position Statement demands that “governments must wake up and act now before the rights of citizens to access information and learning through libraries are eroded any further.” The Statement proposes the following clarifications in EU law:

1.The right for libraries to acquire, preserve and make a digital reproduction of
an analogue and / or an electronic book / audiobook that has been made
available in the market under sale or licence;
2. No more copies than have been acquired under 1 above, shall be loaned to
members of the public at any one time. Libraries should have the right to lend
directly to users, as well as via other libraries as part of interlibrary loan;
3. Neither contracts nor technical protection measures shall be enforceable to
prevent this;
4. Any loans made under this shall require the payment of [Public Lending Right] monies by public libraries in line with existing practice with paper and or audiobooks.

The Internet Archive agrees that action on this issue is important and necessary. We are defending these principles in US court, in the lawsuit brought by four of the world’s largest publishers over our controlled digital lending program. We look forward to working with Knowledge Rights 21 and the library community “to help libraries not only to survive, but also to flourish” as the EU Court of Justice said in its landmark case supporting eBook lending by libraries.

Recent Report from IFLA: How well did copyright laws serve libraries during COVID-19?

The short answer to this question from a report recently published by IFLA appears to be: not very well at all. The report documents a worldwide survey of 114 libraries, 83% of which said they had copyright-related challenges providing materials during pandemic-related facility closures. The report also provides direct quotes from a series of interviews of library professionals, discussing the challenges they faced and often how difficult digital access to necessary materials such as textbooks has been throughout the last two years. As one librarian from the United States explains:

Times were tough. We were scrambling and worried about so many things – including the health and safety of our students, faculty and colleagues – and trying to spin up as much as possible in the way of service. There are certainly some vendors that we personally like the interactions with, but it felt to me like the publishers saw this as an opportunity just to make more money and not really an opportunity to build stronger connections with us and our library. They offered free things for a very limited period of time.

The report is well worth reading in its 22-page entirety. You can find it here.

Congressman Ro Khanna in conversation with Larry Lessig

Could Ro Khanna be the first Asian American President of the United States?

California Congressman Ro Khanna is a political rising star, one that some Democrats see as the future of the Party. Known both for his progressive leadership and his ability to work across the aisle, Khanna – who represents Silicon Valley – is one of the most important figures setting tech policy in our nation today.

The Internet Archive invites you to come hear Khanna speak about his vision for the future. In Dignity in the Digital Age: Making Tech Work for All of Us, Khanna offers a vision for democratizing digital innovation to build economically vibrant and inclusive communities. Instead of being subject to tech’s reshaping of our economy, Khanna offers that we must channel those powerful forces toward creating a more healthy, equal, and democratic society.

On Tuesday, May 31st, 6pm PT/9pm ET, Representative Khanna will be interviewed by professor Larry Lessig, a digital access visionary and co-founder of Creative Commons and the Free Culture movement. Lessig himself ran for President in the Democratic primaries in 2016. The Internet Archive is honored to have these two great thinkers sharing our stage, for one night only! Please join us for this exciting political conversation either virtually or in-person at the Internet Archive, 300 Funston Ave, San Francisco. 

REGISTER NOW!

A note about safety for our in-person audience: The Internet Archive is taking COVID precautions very seriously. We will be requiring proof of vaccination and masks indoors. There will be no food or beverages served (though there will be a water station). We are limiting seating in our huge, thousand seat Great Room to only 200 people. And of course we will have our large windows and doors open to ensure good airflow. We are working hard to make sure that this event is as safe as can be! Please reserve your seats ASAP.


Guest Blog: An Egyptian Perspective on American Book Banning

Guest post by Hassan Said.

Hassan Said is a third-year law student at Santa Clara University School of Law. Born and raised in Cairo, Egypt, Hassan is currently interning at the Internet Archive for the spring semester.

I was fourteen years old when I watched the Egyptian revolution unfold before my eyes. One of the main things people protested against was the degree of censorship everyone was subjected to. Book bans in particular were popular for many decades leading up to the revolution. Interestingly, eleven years after the revolution, I am seeing the same arguments the Egyptian government made in Egypt for book bans made here in America by local school boards and politicians. My experience has taught me that, regardless of content, book banning is harmful because it weakens the democratic process and works against making societies cohesive.

The Egyptian government extensively banned books during the latter half of the 20th century. Those in power argued for the need for more parental and educational control. They also made arguments focused on the effect certain books have on polarizing the public on race, politics, religion, or sex and the importance of maintaining social order and decorum. Books discussing political and religious themes were banned with the most frequency, including a novel by Nobel laureate Naguib Mahfouz. Thus, the product of book banning was the revolution—many years later. In essence, the revolution was an amalgamation of a seemingly unidentified people, split among social, religious, and political lines, coming together to reconcile the calamities of over half a century. Namely, the effects of being unable to discuss relevant and pertinent ideas and issues—a side effect of book bans.

As I am wrapping up my last semester in law school I see parallels of what happened in Egypt taking place in America: people split among political, social, and sometimes religious lines. They are divided over issues that have come up partly due to discrimination, police brutality, and more recently and intensely, book bans.

In Florida, a school removed 16 books pending review because they contained “obscene material,” including Khaled Hosseini’s The Kite Runner and Toni Morrison’s Beloved. In Washington, a school district removed Harper Lee’s To Kill a Mockingbird because of its depiction of race relations and use of racist language. And last month, a school board in Tennessee voted unanimously to ban Maus, a Pulitzer Prize-winning graphic novel about the Holocaust. The school board argued this book should not be taught in classrooms because it contains material that is inappropriate for students, specifically because “of its unnecessary use of profanity and nudity and its depiction of violence and suicide.” In other words, people and local governments are making the same arguments I heard growing up supporting book bans. Specifically, they stress the need for more parental control, the inappropriateness of discussing sexuality, and the dangers of debating race. The same harmful effects I saw in Egypt, I see here: book banning is weakening the democratic process and working against making society less tolerant and cohesive.

Perhaps it is necessary to remind ourselves why we read in the first place. We read to empower ourselves and others. We read to learn perspectives and perhaps to develop our own. We read to understand the power of ideas and the effect they had and continue to have on us as a society. We read to open mental doors and windows of tolerance. We read to challenge ourselves, to reach new heights and understanding. We could disagree with many books, sure, but that is precisely why we read: to critically think about issues and better ourselves and our society in the process. Stated differently, we read to maintain and strengthen the social threads that weave our communities tightly together.

Book-banning in today’s online world is largely a political act. Books may not be available in local libraries, but they remain available on the Internet and in online libraries like the Internet Archive’s, where you can borrow them for free. In a way, the Internet Archive plays a similar role to that of the Internet in pre-revolution Egypt: it is a space where people can read, listen, and watch uploaded works and items compiled in one place. But online libraries aren’t completely safe either. For example, the Goliath of the publishing world, Penguin Random House (PRH), used copyright law as an excuse to effectively ban Maus from the Internet Archive’s digital shelves. PRH made it clear that they wanted to assert total control over this banned book in order to maximize its own profits in the wake of the Tennessee School Board’s decision. This has the same impact on society as book banning.

When societies censor books, they threaten to lose their culture and, in time, their identity. By banning books, societies jeopardize their political and social institutions because books are the primary tool to spread and develop ideas. With the fight to ban books extending to the online world, the threat has become as clear as ever. You could argue that book banning is about many things—the illusion of parental control, the polarization of the public, or disagreement on topics like race, politics, or sex. However, the bottom line remains clear: book bans serve no one, and no society can overcome its issues by banning books.

The Internet Archive Supports Maryland’s Library eBook Fairness Law

Maryland’s modest Library eBook Fairness Law requires publishers that make digital products available to residents of Maryland to also make those same resources available to libraries on reasonable terms. Some publishers have not treated libraries reasonably in the past. Instead, they have arbitrarily raised prices, imposed draconian limits on how libraries can use digital materials, and in some cases, refused to license digital materials to libraries at all. Under these conditions, libraries have had difficulty providing access to essential resources and services for their communities at a time when they are most in need. This is the wrong that Maryland’s law seeks to right, and it is set to go into effect next month.

The Association of American Publishers (AAP) is a powerful Washington, D.C.-based lobbying group that has pushed for ever more power and market control for their billion-dollar publishing company members. In its lawsuit to block Maryland’s Library eBook Fairness Law, the AAP asserts that states are powerless to step in when its members abuse their market power in contractual relationships with libraries. This does not seem right in law or practice–states can and should defend their libraries from predatory practices.

The Internet Archive is defending a lawsuit against four of the world’s largest publishing companies–all members of the AAP–over the most fundamental service that libraries provide, lending books. It is beyond disheartening that the AAP has chosen to go on this attack on libraries during a global pandemic, when schools, teachers, and students are most in need of digital resources. We urge the court to stand with libraries and dismiss the AAP’s lawsuit against the State of Maryland.

The Internet Archive is a 501(c)(3) nonprofit library for the digital age, with a mission to support universal access to all knowledge. Libraries serve communities by providing necessary educational and career materials and other civic services. We appreciate states like Maryland that are working to update laws so that libraries can serve their essential societal function in the digital age.

Three Ways to Celebrate Public Domain Day in 2022

On January 20, 2022, the Internet Archive, Creative Commons and many other leaders from the Open world will honor the treasure trove of works published in 1926 that will enter the public domain next year. The public domain will grow richer with canonical works from authors like Hemingway, Faulkner and Dorothy Parker, silent film classics like Nanook of the North, and beloved children’s stories about Winnie-the Pooh and the Hundred Acre woods, becoming freely available to all.

Due to the recently enacted Music Modernization Act in the U.S., approximately 400,000 sound recordings from the pre-1923 era will join the public domain for the first time in our history. That’s why this year our theme is a Celebration of Sound.

Join us for a virtual party on January 20, 2022 at 1pm Pacific/4pm Eastern time with a keynote from Senator Ron Wyden, champion of the Music Modernization Act and a host of musical acts, dancers, historians, librarians, academics, activists and other leaders from the Open world! This event will explore the rich historical context of recorded sound from its earliest days, including early jazz and blues, classical, and spoken word recordings reflecting important political and social issues of the era.

Additional sponsoring organizations include: Library Futures, SPARC, Authors Alliance, the Biodiversity Heritage Library, Public Knowledge, ARSC, the Duke Center for the Study of the Public Domain, and the Music Library Association.

REGISTER FOR THE VIRTUAL EVENT HERE!

UPDATED JANUARY 10, 2022: We are pausing plans for in-person celebrations. Please celebrate with us online through the virtual event.

The Internet Archive will also host an in-person Dance Party on Thursday, January 20, 2022 at 6pm at 300 Funston Ave in San Francisco. There you can mingle with like-minded public-domain enthusiasts while sipping a Gin Rickey, a Hanky Panky or a Singapore Sling. Dine on shrimp cocktail, cucumber sandwiches or waldorf salad. There will be dance instructors to help you learn the 1920’s dance sensation – the Charleston. Period costumes encouraged. Let’s kick up our heels for the Public Domain!

You can register for the live, in-person event in San Francisco here.

The Internet Archive Canada will host an in-person event at their new HQ in Vancouver, BC, in the historic Permanent building at 330 West Pender Street on Saturday, January 22, 2022.

As well as celebrating The Public Domain, this evening of live music and 1920s inspired h’or d’oeuvres also acts as the official launch party of IAC’s new headquarters.

You can register for the live, in-person event in Vancouver here.

Remembering Sherwin Siy

Photo by Myleen Hollero

Last week the public interest Internet community lost one of its most passionate advocates, and I lost a friend. On July 7th, I learned that Sherwin Siy, Policy Counsel for the Wikimedia Foundation and my classmate at Berkeley Law School, had suddenly passed away at the age of 40.

Sherwin and I began our public interest tech careers together when we were students at the Samuelson Law, Technology & Public Policy Clinic. We were partners on a project helping the Internet Archive understand the legal landscape for archiving and making available television news. From that project and through the rest of my career, I learned so much from working with him, not just about substantive law and policy, but about collaboration and collegiality. He was thoughtful, patient, and kind. He was funny, and so very smart. He will be deeply missed.

You can find remembrances from other colleagues of his from EFF (here) and Public Knowledge (here).

Brewster Kahle named to the Library of Congress’ Copyright Public Modernization Committee

The Library of Congress announced that Brewster Kahle, Digital Librarian and founder of the Internet Archive, has been named to the Copyright Public Modernization Committee (CPMC), with a mission to help modernize the technology-related aspects of the U.S. Copyright Office. More specifically the CPMC will support “the development of the new Enterprise Copyright System (ECS), which includes the Office’s registration, recordation, public records, and licensing IT applications, and will be encouraged to help spread awareness of the Library’s development efforts more broadly.”

The thirteen member panel is composed of leaders from the library and university worlds along with representatives from trade organizations representing the recording and publishing industries, and corporate giants Amazon and Warner Media. Kahle, who holds a BS in Computer Science and Engineering from the Massachusetts Institute of Technology, brings decades of experience in digital library issues, and is an inaugural member of the Internet Hall of Fame.  “I am excited to collaborate to help modernize the  U.S. Copyright Office.  Let’s see how far we can get,” says Kahle.

The first meeting of the CPMC is on July 22, 2021 from 1-4 PM eastern time and is open to the public, by registration only. Register of Copyrights Shira Perlmutter and Library of Congress chief information officer Bud Barton will provide opening remarks, and Library subject-matter experts will provide an update on the development of ECS and other modernization efforts. Attendees will have an opportunity to hear directly from CPMC members and participate in a live Q&A. The meeting will be recorded and made available for viewing after the event.


International Federation of Library Associations (IFLA) backs Controlled Digital Lending

Last week, the International Federation of Library Associations (IFLA) voiced its strong support for the longstanding and widespread library practice of Controlled Digital Lending (CDL). In doing so, they join a host of libraries and library associations in asserting the right of libraries to own, digitize and lend materials online.

IFLA is the leading international body representing the interests of library and information services and their users. It is the global voice of the library and information profession. The COVID-19 pandemic has underlined the need to be able to provide digital access to library collections and CDL provides an effective, lawful tool for doing so. IFLA writes that CDL helps “to fulfill the mission of libraries to support research, education and cultural participation within the limits of existing copyright laws.”

IFLA’s Statement on Controlled Digital Lending, which was approved by IFLA’s Governing Board in May 2021, builds on the U.S.-oriented Position Statement on Controlled Digital Lending, which has been endorsed by 55 institutions and 120 individual copyright experts and librarians, bringing the discussion into the international context. IFLA’s Statement makes a powerful economic and legal case for supporting CDL in all countries around the world.

According to the Statement:

“Licensed eBooks have opened the door to a radical undermining of the traditional public interest functions and freedoms of libraries. These still exist for paper books, but with the advent of licensed eBooks, libraries are no longer free to decide when or what to purchase, with some publishers even refusing to sell to libraries. Controlled digital lending provides an alternative to a licensing approach, and so a means of redressing the balance.”

The Internet Archive’s Open Libraries program is powered by CDL and we welcome the continued and growing support of other libraries. As many libraries remain closed across the globe, millions of digitized books are still available for free to be borrowed by learn-at-home students and readers everywhere.