Tag Archives: CDL

What to Expect at the Library Leaders Forum

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. 

The Library Leaders Forum will take place on 6, 13, and 20 October 2020. You can register for free here, or follow the #EmpoweringLibraries hashtag on Twitter for live updates. 

Evangelical Seminary Decides Digital Library is Best for Students

Evangelical Seminary’s Rostad Library donates 80,000 books to the Internet Archive for digitization and preservation (July 14, 2020). Image courtesy Jason Scott, CC BY 2.0.

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.

Workers pack books from Evangelical Seminary’s Rostad Library to donate to the Internet Archive for digitization and preservation (July 14, 2020). Image courtesy Jason Scott, CC BY 2.0.

“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. 

Boxes of books prepped for shipping from Evangelical Seminary’s Rostad Library (July 14, 2020). Image courtesy Jason Scott, CC BY 2.0.

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.”

PM Press Sells Ebooks to Internet Archive: “We want our books to be in every library”

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.

“Our interest is in the dissemination, preservation and archiving of ideas…with no firewall.”

Ramsey Kanaan, co-founder and publisher, PM Press

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.”

A selection of books from PM Press.

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 info@archive.org.

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.