Tag Archives: controlled digital lending

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.

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

On July 22, 2020, Pamela Samuelson, Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley, spoke at a press conference about the copyright lawsuit against the Internet Archive brought by the publishers Hachette, HarperCollins, Wiley, and Penguin Random House. These are her remarks:

Good afternoon. Very happy to be here with you today. The Authors Alliance has several thousand members around the world and we have endorsed the controlled digital lending as a fair use and I think that this is a lawsuit I hoped would never happen. Because controlled digital lending has been going on for such a long time, it’s really tragic that at this time of pandemic that the publishers would try to basically cut off even access to a digital public library like the Internet Archive is running.

I don’t know about your library, but my libraries in California are closed. I can’t get any books out of even the University of California Berkeley Library at this point, the whole campus is closed, and so while I haven’t been using the Open Library for my research purposes because they don’t have the books in it that I need, I do think that that it’s just a heartless, tragic thing that this lawsuit is really trying to stop a very positive thing that Internet Archive has been doing.

I’m one of the legal scholars who has endorsed the controlled digital lending statement. I think that even under some second circuit opinions, one can say that the Open Library has actually a utility-enhancing transformative use. It’s certainly nonprofit, it’s educational, and it promotes literacy and many, many positive things. I think that the idea that lending a book is illegal is just wrong.

I would actually like to point out that in Germany, where copyright laws are generally stronger than in the United States, that the Darmstadt Technical University was able to succeed in its non-infringement claim for digitizing a book, and here’s the important point: just because the publisher wanted to license an ebook to that library, the Court of Justice of the European Union said it’s not an infringement for the library to actually digitize one of its own books and make that book available to the public. So if that’s true in Germany, I think it should be true in the US as well.

About the speaker:

Pamela Samuelson is the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley. She is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy. Since 1996, she has held a joint appointment at Berkeley Law School and UC Berkeley’s School of Information. Samuelson is a director of the internationally-renowned Berkeley Center for Law & Technology. She is co-founder and chair of the board of Authors Alliance, a nonprofit organization that promotes the public interest in access to knowledge. She also serves on the board of directors of the Electronic Frontier Foundation, as well as on the advisory boards for the Electronic Privacy Information Center , the Center for Democracy & Technology, Public Knowledge, and the Berkeley Center for New Media.

Libraries have been bringing older books to digital learners: Four publishers sue to stop it

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. 


Please drop this needless lawsuit.  

–Brewster Kahle, July 22, 2020

Major Public Interest Group Launches Campaign to Let Libraries Fight Back

This month, Public Knowledge, a major public interest group promoting an open internet, launched a new campaign: Tell Congress to Let Libraries Fight Back

Fight back against what? you may be wondering. 

Put simply, the campaign asks Congress to clarify libraries’ right to buy and lend books today as they have done for centuries.

Today, amidst a skyrocketing demand for digital books, many books are not available on digital shelves at any price because there are no commercially available  digital versions of older titles.  This gap limits how libraries can serve their patrons.

“Many libraries are currently closed, and sadly it looks like they may be for months to come,” said John Bergmayer, Legal Director of Public Knowledge.  “We need to make sure that libraries can continue serving their communities, not just during the pandemic, but after, as tightened budgets put the squeeze on library services and limit the scope of their collections.”

Filling the Gap with Controlled Digital Lending

Libraries have begun making and lending out digital versions of physical works in their collections based on current legal protections—a practice called Controlled Digital Lending, or CDL. As Public Knowledge’s Let Libraries Fight Back campaign explains: 

CDL is a powerful tool to bridge the gap between print and electronic resources. Under CDL, a digital copy of a physical book can only be read and used by one person at a time. Only one person can “borrow” an electronic book at once,  and while it is being lent electronically, the library takes the physical book out of circulation.

CDL allows libraries to reach their patrons even when those patrons can’t make it to the physical library — a problem that’s been more prevalent than ever during the pandemic. Without programs like this, library patrons are prevented from accessing a world of content and information — and low-income, rural, and other marginalized communities are hit the hardest.

However, Public Knowledge acknowledges that the challenge extends beyond print materials. “Controlled Digital Lending makes it so that a library’s existing print collection is more useful, and can be accessed remotely,” explained Bergmayer. “But we also need to make sure that libraries can acquire digital-native books and other media under the same terms they have always operated under.”

Learn More

Public Knowledge believes a true solution may take Congressional action, so they are calling upon the public to tell Congress to ensure that libraries are free to buy ebooks and other electronic materials and lend them out, just as they can with physical media.

Learn how you can support pro-library policies with Public Knowledge’s Let Libraries Fight Back Campaign.

Two major library groups join chorus of support for controlled digital lending

This week, two major library organizations affirmed their commitment to the longstanding and widespread library practice of digitizing physical books they own and lending out secured digital versions. The practice, controlled digital lending (CDL), is the digital equivalent of traditional library lending. 

The Association of Research Libraries (ARL) and the Scholarly Publishing and Academic Resources Coalition (SPARC) joined hundreds of individual libraries and supporters in signing a public position statement in support of controlled digital lending

ARL and SPARC collectively represent over 300 academic and research libraries in the U.S. and Canada. ARL advocates on behalf of research libraries and home institutions on many issues and its members include government institutions, including the National Library of Medicine and the National Archives, as well as the continent’s largest land grant institutions and Ivy League colleges. SPARC focuses on enabling the open sharing of research outputs and educational materials, arguing that such access democratizes access to information knowledge and increases the return on investment in research and education.

Announcing their support, SPARC said, “CDL plays an important role in many libraries, and has been particularly critical to many academic and research libraries as they work to support students, faculty, and researchers through this pandemic.” SPARC also issued a call to action to others in the library community to add their support.

ARL concurred, “CDL is a practice rooted in the fair use right of the US Copyright Act and recent judicial interpretations of that right. During the COVID-19 pandemic in particular, many academic and research libraries have relied on CDL to ensure academic and research continuity at a time when many physical collections have been inaccessible.”

The Internet Archive’s Open Libraries program is powered by controlled digital lending and we welcome the support of other libraries. As libraries are closed across the globe because of COVID-19, millions of digitized books are still available for free to be borrowed by learn-at-home students and readers.

Controlled Digital Lending Takes Center Stage at Library Leaders Forum

The following blog post was written by freelance writer Caralee Adams about the Internet Archive’s Library Leaders Forum, held on October 23 at San Francisco Public Library.

As enthusiasm grows for making library collections more accessible, the Internet Archive hosted an event to build a community of practice around Controlled Digital Lending (CDL). A diverse group gathered for the 2019 Library Leaders Forum Oct. 23 to share stories and strategies for libraries to expand their reach by lending out digital books based on their physical collections.

Why is this important?

Chris Freeland, Director of Open Libraries

“At the Internet Archive, we have a strong belief that everyone deserves to learn. We want to offer up the greatest digital library the Internet has ever seen to the world for free,” said Chris Freeland, Director of the Internet Archives’ Open Libraries program. “We think that everyone, regardless of where they live, should have ready access to a great library. More importantly, we think it should be available on phones and mobile devices that people turn to today. We want to make sure they have access to vetted, trusted information that’s held in libraries.”

The mantra of CDL: “Own one, loan one.” The idea is that a library can make a choice of lending either a physical copy or a digital version of a book.

The Internet Archive has been doing CDL since 2011, beginning with the Boston Public Library. Now two dozen other libraries of all sizes in the U.S. and Canada have embraced the model. Librarians from some of those institutions spoke about their passion for the practice at the forum.

The meeting provided an overview of the legal issues, policy considerations, and examples of CDL in action. The appeal to library leaders gathered was to endorse CDL, join Open Libraries, donate books to the Internet Archive for scanning, and volunteer to help with a new serials project.

Helping libraries see what’s possible

Library Leaders Forum attendees at San Francisco Public Library

Michael Lambert, City Librarian at the San Francisco Public Library, which hosted the event, shared his institution’s experience as an early partner with the Internet Archive on Open Libraries and CDL. Beginning with city government documents and historical materials, SFPL created an entire scanning department. To date, the library has digitized 13,000 books and documents with the Internet Archive, which have received over 7.5 million views. Since November 2018, SFPL has donated 30,000 copyrighted books to the Internet Archive as part of its community distribution program.

“Having this alternative virtual lending site as an option has been great,” Lambert said. ”Librarians have been able to confidently weed excess, outdated materials from our collection, secure in knowledge that the books will not disappear, but rather have a new life where people around the world can read and research the materials that SFPL has meticulously collected over the decades.”

The Internet Archive embodies library values: persistence, comprehensiveness and accessibility, said Lambert. “The Archive has become a crucial part of the broad library information eco-system,” he said. “They have provided examples that have challenged traditional libraries. The Internet Archive helps other libraries see what’s possible.”

Brewster Kahle, Internet Archive, and Dale Askey, University of Alberta

What Internet Archive Founder Brewster Kahle hopes is possible is digitization will allow more online sources to be linked to books, providing people trust information.

“If Wikipedia is the encyclopedia of the Internet, we are trying to build the library of the Internet,” Kahle explained at the forum. “Let’s make it really easy for people to go deeper.”

So far, the Internet Archive has turned 122,000 references on Wikipedia to digitized book links through its online library. Still, a century of books is missing after 1923 because of copyright laws. Kahle called on libraries to help fill that gap.

As part of that strategy, the Internet Archive is trying to institutionalize CDL, a practice that has been successfully working in a handful of libraries for eight years with no negative pushback. Yet, it has not been widely embraced. Kahle appealed to libraries to endorse CDL and donate books for scanning to address the larger goal of universal access to knowledge.

Framing the approach

The forum hosted experts to explain the legal underpinnings of CDL and discuss how the concept fits into the overall push to level the playing field for access to information.

Lila Bailey of the Internet Archive moderated a conversation with Kyle Courtney, Copyright Advisor at Harvard University, David Hansen, Associate University Librarian at Duke University, and Michelle Wu, Associate Dean for Library Services and Professor of Law at the Georgetown Law Library in Washington, D.C.

They have written a paper spelling out how libraries can practice CDL within the confines the fair use doctrine in current copyright law. Copyright law established in 1976 and dating back to 1950 does not reflect the digital reality today and it should allow flexibility for libraries to lend out one book at a time – no matter what the format – digital or print, they maintain.

John Bergmayer, Public Knowledge, talks with Lila Bailey, Internet Archive, and Mike Buschman, Washington State Library

To garner broad support for the concept of CDL, John Bergmayer of the nonprofit, Public Knowledge, spoke about the need to build relationships with lawmakers and educate them on the issue. This summer, he led a group engaged in CDL to The Hill in Washington, D.C. to brief members of Congress and their aides on the importance of expanding access to library materials through CDL.

“You have to make a project matter to the politicians,” explained Bergmayer. In the case of CDL, it’s about outlining the benefits of providing access to rural patrons, protecting materials from damage from disasters, saving libraries money, and helping K-12 school libraries, among others. “You want to get people to do the right thing for their reasons, not your reason — and show how your issue affects voters.”

Heather Joseph, Executive Director of the Scholarly Publishing & Academic Resources Coalition (SPARC), said CDL fits into the larger open agenda that advocates for unrestricted access to research. “It’s a vision based on opportunity,” said Joseph. “An old tradition and a new technology have converged to make possible an unprecedented public good.”

Now more than ever, in an era of “fake news,” and “alternative facts,” free, immediate access to high-quality vetted, source material is crucial for scholars, scientists, students, journalists, policymakers – everyone, she said.

“CDL is a pragmatic, incremental step towards open that operates in a way that’s respectful of libraries current operations and of copyright. It moves the needle towards open,” said Joseph. “CDL can contribute to collective movement towards a full vision of open access to knowledge.”

Opening Doors for Students

Lisa Petrides, Founder and CEO of ISKME

Making digital books more widely available to students has the potential for remedying inequities in education.  Nationwide, public school districts have lost 20 percent of their libraries and librarians in recent years. Lisa Petrides, founder of the non-profit Institute for the Study of Knowledge Management in Education, has embraced CDL as a model to build a Universal School Library (USL) and connect students – particularly from under-resources schools — to relevant materials that increasingly are digital.

“CDL holds the potential to broaden access to knowledge in public schools in a way that schools haven’t even begun to tap,” said Petrides, who is trying to curate an inclusive collection of 15,000 high-quality digitized books. “We are taking an equity lens in terms of diversity.”

Karen Lemmons, Detroit School of Arts

The Detroit School of Arts will be piloting USL and Librarian Karen Lemmons said she was excited to be able to offer her high school students books they can access while they are on the go. “This might give them an opportunity to read in between practices. They can pull out their phone and read a few pages. It’s mobile and flexible,” said Lemmon, noting that reading is closely linked to student achievement. “Our students really do want to be the best.”

Lemmons said she wants to be a model for other urban schools. “We want to be a driving force to get other libraries involved,” said Lemmons. “This is a data-driven district and we will need data to show reading more makes a difference in student performance.”

When the prestigious Phillips Academy in Andover, Massachusetts, recently was doing a $20 million renovation to its library, the Internet Archive approached it about digitizing their collection. The library already had its books packed on pallets, but instead of storing them decided to have them all scanned, explained Michael Barker, Director of Academy Research, Information and Library Services.

“We had this very well-intentioned idea to create a space for learners of the 21st century. It’s all good. It is a space of immense privilege. But it takes a vision to think well beyond our campus to say that belongs to every learner. That opportunity is to digitize the entire collection – that’s why we are all in,” said Barker of the school’s decision to participate in CDL “It goes to the heart of what Phillips was founded on. This school is for youth from every quarter and we try to live out that ideal as a private school for a public purpose.”

Next, Barker said he would like to see peer prep schools join the CDL model to further expand access to schools without the same resources.

CDL in Action

As the first library to use the CDL approach, the Boston Public Library recently extended its offerings by scanning its historic Alice Jordan Collection of 250,000 children’s books that were in storage. It has also digitized city directories, cookbooks and other fact-based documents in its catalog. Recently, it got permission from Boston-based publisher Houghton Mifflin to digitize its entire trade collection that is housed at BPL.

Expanding its CDL involvement, BPL’s Tom Blake challenged participants to bring another partner library next year to the forum.

“This the first time, I feel like it’s less about digitization and scanning and more about us, as librarians, leveraging not just our collections, but our historical collection policies with each other,” said Blake, who has been attending the library leaders forum for 10 years.

Michael Kostukovsky discusses Controlled Digital Lending

In discussing how to improve the CDL process, meeting participants suggested adjusting the amount of time users checked out titles and allowing for short-term loans. Perhaps smarter return and wait-list notifications could be developed to encourage faster processing of books. Others said re-branding Digital Rights Management (DRM) software with a different moniker to that would be more appealing to librarians.

In Sonoma County, California, Geoffrey Skinner said its 14 public library branches have just starting to participate in CDL. It first scanned documents in the history and genealogy library, then digitized its specialized wine library. 

“We are doing a massive weed of our closed stacks. By taking those material to the Internet Archive, we will have digital access back,” said Skinner. Having library materials online will benefit many of the county’s rural users who otherwise travel far to access the physical books and provide access for print-disabled patrons.

Justin Gardner, Special Collections Librarian at the American Printing House for the Blind in Louisville, Kentucky, said digitizing 9,000 books in its collection has preserved rare and fragile documents, including books autographed by Helen Keller. Also, being located in Kentucky, it gives people interested in their materials from anywhere.

“We are becoming the go-to place for visual impairment materials,” said Gardner. Now these research documents are in an accessible form for people who have visual impairments and have never been able to read these materials before they were digitized.

Moving forward

Mike Buschman, Washington State Library

At the forum, Mike Buschman of the Washington State Library announced that the Chief Officers of State Library Agencies (COSLA) voted to endorse CDL. “It feels like it’s entering a new, good phase – a traction phase,” he said.

Kahle emphasized the need for CDL to be a community project and build a deeper collection. “We have to brave up,” he said.  “We just act in good faith. We aren’t pirates. We are trying to do the right thing.”

Chief Librarian and CEO at the Hamilton Public Library in Canada Paul Takala said his institution is an enthusiastic supporter of CDL. With a long history of innovation, moving forward with digitizing is the right move – despite the technical challenges – to make information more accessible to patrons, he said.

“Deeper collaboration is needed. It’s hard to get adequate resources,” said Takala. “As a library community, we are generally risk adverse. When we talk about CDL, I think we need to take a more balanced view….If we make what’s available in our community to other communities – and others make their collections available – then everyone wins.”

Dale Askey, Vice Provost at the University of Alberta, said he liked Takala’s challenge to pull more Canadian institutions past their risk aversion to embrace CDL. “It’s great to see people aligning behind these principles and taking this to scale,” said Askey, whose university has scanned an historic collection of education materials with zero negative impact. “There is a strong history and impulse at the university to do things with maximum benefit to the largest possible community.”

Princeton Theological Seminary is piloting CDL and it has created a secure area in its library for the physical collection, so that when a digital copy is checked out that the physical copy will reside there. Participating the program has great potential benefits for the seminary’s reach, according to Managing Director of the Library Evelyn Frangakis.

“The PTS comprehensive theological collection is in high demand and the CDL library allows increased accessibility to all users, including those with various print disabilities,” said Frangakis.  “I think CLD is gaining momentum. That’s really heartening for broad access to the materials that we are able to contribute to this program. It’s going to continue to grow.”

Ross Mounce, Director of Open Access Programmes at Arcadia, a charitable fund of Lisbet Rausing and Peter Baldwin in London, said he was encouraged by participation in the forum and said action points were clear and institutions can choose their level of engagement.

 “It’s nice seeing things moving forward. At the end of the day, it just makes sense,” said Mounce of CDL. “If you own a physical copy of a book, you should be able to loan a digital version of it. Libraries should be able to lend books.”

Added Wu of Georgetown: “I’m delighted there has been a lot more buy in in recent years. The voices and the participants are much more diverse. Libraries [like Phillips] are willing to go all in and that’s remarkable. It is true that if we get more of those, I think we will see a true movement across the nation.”

Unlocking the Potential for Every High School Library: 2019 Internet Archive Hero Award

Announced today, Phillips Academy has received the Hero Award from the Internet Archive for its leadership in adopting controlled digital lending for school libraries. The Hero Award is presented annually to an organization that exhibits leadership in making its holdings available to digital learners all over the world, and when Phillips Academy was renovating its Oliver Wendell Holmes Library, librarian Michael Barker wanted to update more than the physical space. This was also an opportunity to bring the private preparatory high school up to speed digitally – and in the process, share its vast book collection with others.

Barker, Director of Academy Research, Information and Library Services, has embraced Controlled Digital Lending (CDL), where a library digitizes a book it owns and lends out one secured digital version to one user at a time. In this case, the Andover, Massachusetts school owns 80,000 books.

Michael Barker

“With the closure of so many high school libraries, this allows us to share the collection we’ve built up over 100 years with all other high schools,” Barker said. “I can’t think of any better way the library could contribute its private resources for a public purpose.”

Phillips, which has roughly 1,100 students in grades 9-12, has been active in the Digital Public Library of America. It has already digitized about 4,000 of its titles published prior to 1923.


With all the books already boxed up for the renovation, the school’s decision to expand its CDL project was clear: “There would never be a better time than now,” Barker said. This summer it shipped most of the remaining volumes to be digitized by Internet Archive at its scanning facility in the Philippines.

Sharing the cost of scanning and shipping with Internet Archive was critical to the digitization process happening, said Barker. The books are expected back early in 2020 and will be placed back on library shelves over spring break.

Rather than most books being on display, the renovated Phillips library includes more open space for collaboration. It was last updated in 1987 and was not wired for a world that included the Internet. Renovations began in early 2018 and the newly updated facility opened to students this fall.

Originally designed like a “book fortress,” Barker said the center of the library now has room for students to study together while some books are on shelves around the periphery. Most books are now in the attic and basement where they can be called up to lending.

“One local benefit of CDL is that students don’t necessarily need to call the book from the attic. With a digital version there is no delay in getting the book,” Barker said.

As Barker awaits the return of the book collection from the Philippines, he is tracking the shipment (which went on two separate ships and was insured). In the meantime, Phillips is preparing to share the news of its vast collection becoming open to students everywhere. Barker is excited to offer the school’s resources openly and said it’s particularly timely as school library budgets are being cut, making it hard for libraries to fulfill their mission.

“The truth of the matter is that some schools don’t have libraries anymore,” Barker said. “If other schools like us got involved in CDL in the same way and shared their copies, many public schools would not have to worry about their students having access to collections in the same way they might be doing now. I encourage others to explore it and jump in. It seems like it can only get stronger the more libraries that join.”

NOTE: Come meet Mike Barker and learn more about Phillips Academy when he speaks at Internet Archive’s World Night Market, Wednesday 10/23 from 5-10 PM.  Tickets available here.

Closing the Access Gap in Rural Maryland

In southern Maryland, St. Mary’s County is 54 miles long and there are only three libraries.

“We have people living at one end who might be 25 miles away from a branch,” said Michael Blackwell, Director of the St. Mary’s County Library that operates in the small communities of Leonardtown, Charlotte Hall and Lexington Park.

Michael Blackwell

Yet, many of its rural and suburban residents do have cell phones and tablets. “People in this area are hungry for digital content. In surveys, they say there is not enough. Library digital use is growing, unlike library print use, which is very flat,” said Blackwell. “How to keep up with demand is a real challenge for us.”

That’s why Blackwell sees great promise in expanding the county’s digital offerings through Controlled Digital Lending, the digital equivalent of traditional library lending. CDL opens up access to rural patrons who may not otherwise be able to use the library because of transportation or other barriers. There are children whose parents work three jobs who need books for homework. There are shift workers who work during library hours. There are those for whom a physical trip to the library is simply not possible.

“I’m interested in CDL because a library the size of mine doesn’t have a lot of money,” Blackwell said. “By simply changing the format, we are getting the most out of the books we’ve already paid for. We are not trying to pick John Grisham’s pocket.”

Blackwell also notes that there are many works – including Pulitzer Prize winning books –
that publishers do not make available to libraries in digital form. This is an issue that is beyond rural access, it’s about no one having access at all to books that publishers choose not to provide digitally. For example, James Michener’s “Tales of the South Pacific,” is not available to libraries in e-book form through the major vendors. It is of interest as a story but also for revealing attitudes about human relations at the time of World War II. If a library wanted to circulate in e-book form, CDL would be the only option. It is, of course, the source for the musical, “South Pacific.”

Now, the St. Mary’s library has about 300,000 titles, including about 30,000 digital holdings. The library’s budget is about $3.8 million a year and the small funding increases usually go to salaries and health insurance, not leaving much for new acquisitions.

With high interest in digital content, CDL is being embraced in rural Maryland.

“We are working with the Internet Archive on a pilot to launch CDL titles through the Library Simplified, or ‘SimplyE,’ app,” added Blackwell. “A state grant is allowing us to deploy the app. Our patrons will be able to get all our e-book content, CDL and vendor-licensed, in one place. We’ll add quality content we can’t get in any other way at no cost other than storing our relevant print copies, ultimately expanding our offerings by thousands of titles. Our book hungry patrons will be much more likely to find a great title they want while they wait for the best sellers we can license.”

Academic Authors Find Larger Audience

For Robert Darnton, the benefit of Controlled Digital Lending to academic authors is obvious: More people can read their work.

As the Carl H. Pforzheimer University Professor and the University Librarian, Emeritus at Harvard University, Darnton has long been a champion of broadening access to information. He also sees the value of making materials more widely available when it comes to his own research outputs.

Darnton has made two of his books, which are both still in print, freely available online: Mesmerism and the End of the Enlightenment in France (Harvard University Press, l968) and The Business of Enlightenment: A Publishing History of the Encyclopédie, l775-l800 (Harvard University Press, l979). Several other of his titles are available to borrow electronically through the Internet Archive’s Open Library.

Robert Darnton

Eventually, Darnton said he’d like all his titles to be digitized. “I feel it’s in my best interest to reach as large a public audience as I possibly can,” said Darnton. He believes the exposure online helps with the marketing of his books. Indeed, there was an increase in sales of the Mesmerism book once it was digitized.

Many academics don’t rely on books for income and it’s rare that royalties continue after a few years. “What authors want when that ceases is to reach readers. This is the best way to do it,” Darnton said. “CDL is a good system and a way to really improve people’s access to literature without harming anyone.”

In higher education, resources from one campus library to another can vary widely. Even at Harvard, Darnton said it’s not possible to make all books available — let alone small libraries with limited budgets. Libraries can benefit from interlibrary loans and digital lending can provide even greater relief from isolation for institutions without the means of expanding their collections.

“CDL can make an enormous difference, even for such privileged environments as Harvard,” Darnton said. “There is momentum behind CDL. It is not just the way to go, but the way things are going.”

University of Alberta Opens Up Digital Access to Historic Curriculum Materials

Anyone interested in learning about what was taught in Alberta schools in the past century used to go to the basement of the H. T. Coutts Education and Kinesiology and Physical Education Library at the University of Alberta. There, users would ask to be let into a locked room to view the historical curriculum collection.

Now, many of the historic textbooks are online and available through Controlled Digital Lending, the digital equivalent of a traditional library lending. It’s making for a new chapter in educational research at the urban university, which has about 40,000 students.

“It’s important for me to trace ideas in curriculum over time,” said Cathryn van Kessel, Assistant Professor of Education who is studying feminist issues in curriculum documents and textbooks. “The digitized collection allows researchers to shave countless hours off of our data collection. Being able to access electronic copies with searchable text is invaluable.”

Kim Frail, H.T. Coutts Library

CDL is also useful for the growing number of students taking online classes at the university and researchers who live outside of Edmonton or in other provinces, said Kim Frail, Public Services Librarian at the H.T. Coutts Library on campus.

The University of Alberta Libraries is Canada’s second-largest research library containing more than 5.2 million titles, 7.5 million volumes, 1.3 million e-books and 1,100 databases. They were also the first to adopt CDL in Canada.

The education library received a bequest from estate from Marie Wiedrick, wife of a former faculty member, Laurence Wiedrick, that has been used to fund the digitization project . With the help of the Internet Archives, which set up a scanning facility on campus, the university is more than halfway through digitizing approximately 6000 books that were used in Alberta schools from 1885 to 1985.

Many of the books in the Wiedrick Collection are becoming fragile and deteriorating as they were physically checked out. CDL provides an alternative format that allows the originals to be preserved.

“We think it’s a great legacy for the [Wiedrick] family because it allows broader access to the collection,” said Frail, who works with education researchers at the library that functions as a quasi-academic and public library used by the broader community.
In one education course, students examine the representation of Indigenous people over time in historical textbooks. In graduate-level courses that focus on the history of curriculum, students select a certain 10-year period to study how the teaching of certain subjects has changed. Having digital content makes it easier for students to access the materials, especially with regards to curriculum documents or “Programs of Study” from the early 1900s when all the subjects were contained in one book, noted Frail.

Recently, an Alberta researcher received a large grant to work in collaboration with scholars at 17 universities around Canada to examine how history has been taught in the schools over time. Online access to the Wiedrick Collection means that researchers can tap into textbooks in Alberta from any location.

“As we move forward in education, it’s interesting to know where there were gaps – what things were and weren’t being taught,” said Frail.

It’s a particularly useful resource, as well, since librarians have compiled a bibliography that traces what books were used when and for what subject, Frail added. Digitizing the older works enables researchers to conveniently search topics electronically with key words.

“We are hearing great feedback,” said Frail. “It has opened up a whole new realm of research and enabled comparisons over time on a different scale.”