Tag Archives: controlled digital lending

Shining a Light on Forgotten Authors & Neglected Books

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UPDATE (3/16/23): In researching this post, Internet Archive librarians discovered that this book came to the Internet Archive through our literacy partnership with Better World Books, originating from a library in the UK. This story further highlights the value of our partnership in preserving books & cultural heritage for generations to come.

Brad Bigelow first became fascinated with obscure authors while perusing the vast library stacks at the University of Washington when he was an undergraduate in the late ‘70s.

“I would take down books I didn’t know anything about, just out of curiosity. As I read these books, I quickly realized that the only difference between the writers who get remembered and the ones that get forgotten is luck. It’s not talent or merit,” said Bigelow, noting some just had bad timing, lacked connections or didn’t have enough sales. “There are many good writers who deserve to be remembered.”

Neglected Books

In 2006, Bigelow started the website Neglected Books, reviewing lesser-known books in hopes of giving the authors belated exposure for their work and sparking broader interest. Sometimes it can be a challenge to find information about writers and get copies of their often out-of-print books, said Bigelow, of Missoula, Montana, who runs the website as a hobby.

The Internet Archive is his trusted resource, providing access to information anytime, anywhere, he said.

“It’s a world asset. It’s just phenomenal,” said Bigelow. He uses the Archives’ search tools to learn more about authors (through back issues of Publishers’ Weekly and The Bookman magazines, for example) and the digital collection to borrow rare books unavailable elsewhere. 

It was on the Internet Archive that Bigelow recently found a copy of “Makeshift,” by Sarah Campion, a 1940 novel about a bright, young Jewish woman’s flight from Nazi Germany. Bigelow published a blog post about “Makeshift” on Neglected Books and then promoted the post on social media, highlighting the rarity of the work. “There are just 19 copies of this book in libraries worldwide. Even Campion’s son doesn’t have a copy. But fortunately, it’s available on the Internet Archive.” Bigelow tweeted about his discovery.

For Bigelow’s top finds, go to a section on his website: Gems from the Internet Archive.

For independent scholars and individuals, access to key resources in the research process such as back issues of old magazines can be limited. Bigelow said he is grateful for the Internet Archive, which offers an alternative to those not affiliated with a college or university, and donates regularly since he relies on its resources for his writing.  

Brad Bigelow, proprietor of NeglectedBooks.com

On Neglected Books, Bigelow said he enjoys shedding new light on unknown authors. “I don’t think my thoughts are original enough to have anything new to say about Virginia Woolf, James Joyce or Shakespeare,” he said. However, unearthing little-known books that have been all but lost to history is satisfying.

Bigelow appreciates the Internet Archive for protecting cultural artifacts that have disappeared from physical library shelves and making them available to the public. “Information that is not passed on is useless,” he said. 

Saving 4 Million Books From Landfill

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It’s the classic librarian’s dilemma: Because no library has unlimited storage, every library has to carefully manage its physical collection, and that means removing books to make space for new ones. On one hand, it’s exciting to bring in fresh voices, new stories and modern research, but on the other, a library’s main goal is to preserve information over time. So how can librarians manage their physical collections with an eye towards preservation? 

Since forming a global literacy partnership in 2019, Better World Books (BWB) and the Internet Archive have offered a unique pathway for libraries to ensure that the books they no longer need in their collections can be preserved and made accessible for generations to come. 

The service that BWB provides is an important one for libraries. BWB collects used books from libraries, booksellers, colleges, and universities in six countries, which are then either resold online, donated or recycled. To date, Better World Books has donated over 35 million books worldwide, has raised close to $34 million for libraries and literacy, and has saved more than 450 million books from landfills. Through the partnership with the Internet Archive, BWB has donated more than one million books each year for preservation and digitization, totaling 4 million books to date.

“What we’ve seen is the lifecycle of books become more complete,” says Internet Archive founder Brewster Kahle. Once books are received from BWB, the Internet Archive digitizes them for patrons with print disabilities, offering readers like Pastor Doug Wilson, who has declining vision, access to books in digital form that are otherwise inaccessible. Then a subset of those books are used for digital lending, interlibrary loan and machine learning.

Dustin Holland, president and chief executive officer of BWB, says the arrangement allows these books to live on and to be put to the best use possible. 

“Our goal has always been to maximize the value of the book,” says Holland. “To have a partner to which BWB may donate books that originate from thousands of libraries across multiple countries is a huge win for us, for the Internet Archive, and for our libraries. At the end of the day, it’s also beneficial for humanity, because there will always be access to these books.”

Supporting Ukrainian students

In May of 2022, BWB partnered with the Internet Archive to help support Ukrainian students and scholars. Customers were invited to contribute $1 with each BWB purchase, raising $17,200 to support the sourcing and digitizing of materials to preserve Ukrainian culture and heritage. This included more than 900 books that will become connected citations on the Ukrainian language Wikipedia page, in addition to more than 17,000 titles that the Internet Archive has already connected through its existing relationship with the Wikipedia community. 

Helping libraries manage their collections

Wolfgram Memorial Library, Widener University-Chester

Since its dedication in 1970, the Wolfgram Memorial Library on the campus of Widener University-Chester in Pennsylvania has actively built a collection of more than 180,000 volumes. Three years ago Roz Goldstein, head of technical services and automated systems, undertook a collection management project to review the library’s holdings and determine which books no longer fit the library’s collection priorities.

The library packed up the older, underutilized books in boxes provided by BWB, which also paid for the shipping. Over the past two years, the library has contributed about 13,000 books to BWB, covering a wide variety of subjects, mostly non-fiction. Goldstein says the library’s main priority was managing collection space, but knowing some will see a broader audience is an added benefit.

“I was thrilled to find out that 600 of our titles have been sent to the Internet Archive to be digitized,” says Goldstein, who has shared her experience with other library colleagues and encouraged them to partner with BWB.

At the SEO Service Center, a branch of the State Library of Ohio, Jay Miley works with 98 libraries as the customer service and library systems manager. In January, he started sifting through 120,000 volumes stored in a central library building to see what no longer fit their collection development priorities. About 20,000 books were moved to local branches due to demand within the system for physical access. Then Miley began to look into options for some lesser-used books — not wanting them to end up in landfill.

Miley discovered BWB was a popular option among other state libraries, and he began to pack up boxes. So far, Ohio has shipped about 12,000 items to BWB and another 38,000 are queued for processing. Recently, he learned that 1,200 of the books that came from his library have been digitized and made available through the Internet Archive. “I think it’s awesome,” he says. “I immediately told my team, my boss and the state librarian.”

A growing impact

Over the past three years, the relationship between Better World Books and the Internet Archive has only grown stronger. BWB has streamlined the logistics of getting materials to the Internet Archive, Holland says, and the impact continues to grow. “The biggest thing we need to do is to educate and shout from the rooftops—to tell more people what we’re doing and how valuable this is for society.”

If your library is interested in learning more about the services that Better World Books provides to libraries, please check out the BWB Services page.

Our Digital History Is at Risk

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This piece was first published by TIME Magazine, in their Ideas section, as Amid Musk’s Chaotic Reign at Twitter, Our Digital History Is at Risk. My thanks to the wonderful team at Time for their editorial and other assistance.

As Twitter has entered the Musk era, many people are leaving the platform or rethinking its role in their lives. Whether they join another platform like Mastodon (as I have) or continue on at Twitter, the instability occasioned by Twitter’s change in ownership has revealed an underlying instability in our digital information ecosystem. 

Many have now seen how, when someone deletes their Twitter account, their profile, their tweets, even their direct messages, disappear. According to the MIT Technology Review, around a million people have left so far, and all of this information has left the platform along with them. The mass exodus from Twitter and the accompanying loss of information, while concerning in its own right, shows something fundamental about the construction of our digital information ecosystem:  Information that was once readily available to you—that even seemed to belong to you—can disappear in a moment. 

Losing access to information of private importance is surely concerning, but the situation is more worrying when we consider the role that digital networks play in our world today. Governments make official pronouncements online. Politicians campaign online. Writers and artists find audiences for their work and a place for their voice. Protest movements find traction and fellow travelers.  And, of course, Twitter was a primary publishing platform of a certain U.S. president. 

If Twitter were to fail entirely, all of this information could disappear from their site in an instant. This is an important part of our history. Shouldn’t we be trying to preserve it?

I’ve been working on these kinds of questions, and building solutions to some of them, for a long time. That’s part of why, over 25 years ago, I founded the Internet Archive. You may have heard of our “Wayback Machine,” a free service anyone can use to view archived web pages from the mid-1990’s to the present. This archive of the web has been built in collaboration with over a thousand libraries around the world, and it holds hundreds of billions of archived webpages today–including those presidential tweets (and many others). In addition, we’ve been preserving all kinds of important cultural artifacts in digital form: books, television news, government records, early sound and film collections, and much more. 

The scale and scope of the Internet Archive can give it the appearance of something unique, but we are simply doing the work that libraries and archives have always done: Preserving and providing access to knowledge and cultural heritage. For thousands of years, libraries and archives have provided this important public service. I started the Internet Archive because I strongly believed that this work needed to continue in digital form and into the digital age. 

While we have had many successes, it has not been easy. Like the record labels, many book publishers  didn’t know what to make of the internet at first, but now they see new opportunities for financial gain. Platforms, too, tend to put their commercial interests first. Don’t get me wrong: Publishers and platforms continue to play an important role in bringing the work of creators to market, and sometimes assist in the preservation task. But companies close, and change hands, and their commercial interests can cut against preservation and other important public benefits. 

Traditionally, libraries and archives filled this gap. But in the digital world, law and technology make their job increasingly difficult. For example, while a library could always simply buy a physical book on the open market in order to preserve it on their shelves, many publishers and platforms try to stop libraries from preserving information digitally. They may even use technical and legal measures to prevent libraries from doing so. While we strongly believe that fair use law enables libraries to perform traditional functions like preservation and lending in the digital environment, many publishers disagree, going so far as to sue libraries to stop them from doing so. 

We should not accept this state of affairs. Free societies need access to history, unaltered by changing corporate or political interests. This is the role that libraries have played and need to keep playing. This brings us back to Twitter.

In 2010, Twitter had the tremendous foresight of engaging in a partnership with the Library of Congress to preserve old tweets. At the time, the Library of Congress had been tasked by Congress “to establish a national digital information infrastructure and preservation program.” It appeared that government and private industry were working together in search of a solution to the digital preservation problem, and that Twitter was leading the way.  

It was not long before the situation broke down. In 2011, the Library of Congress issued a report noting the need for “legal and regulatory changes that would recognize the broad public interest in long-term access to digital content,” as well as the fact that “most libraries and archives cannot support under current funding” the necessary digital preservation infrastructure.”  But no legal and regulatory changes have been forthcoming, and even before the 2011 report,  Congress pulled tens of millions of dollars out of the preservation program. In these circumstances, it is perhaps unsurprising that, by 2017, the Library of Congress had ceased preserving most old tweets, and the National Digital Information Infrastructure and Preservation Program (NDIIPP) is no longer an active program at the Library of Congress. Furthermore, it is not clear whether Twitter’s new ownership will take further steps of its own to address the situation. 

Whatever Musk does, the preservation of our digital cultural heritage should not have to rely on the beneficence of one man. We need to empower libraries by ensuring that they have the same rights with respect to digital materials that they have in the physical world. Whether that means archiving old tweets, lending books digitally, or even something as exciting (to me!) as 21st century interlibrary loan, what’s important is that we have a nationwide strategy for solving the technical and legal hurdles to getting this done. 

Library Leaders Forum Recap

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This year’s Library Leaders Forum kicked off on October 12 with news of promising research, digitization projects and advocacy efforts designed to best shape the library of the future.

The virtual gathering also called on participants to take action in sharing resources and promoting a variety of public interest initiatives underway in the library community.

Watch session recording:

Chris Freeland, director of Open Libraries, moderated the first event of the 2022 forum with librarians, policy experts, publishers and authors. (A complete recording of the virtual session is available here) The second session will take place Oct. 19, live in San Francisco and via Zoom starting at 7 p.m. PT. (Registration is still open).

Libraries have a vital role to play in educating citizens, combating misinformation and preserving materials that the public can use to hold officials accountable. To help meet those challenges, Internet Archive Founder Brewster Kahle gave a preview of a new project: Democracy’s Library. The vision is to establish a free, open, online compendium of government research and publications from around the world.

“We have the big opportunity to help inform users of the internet and bring as good information to them as possible to help them understand their world,” said Kahle, who will launch the initiative next week and invited others to join in the effort. “We need your input and partnership.”

The virtual forum covered the latest on Controlled Digital Lending (CDL), the library practice that is growing in popularity in the wake of pandemic closures when physical collections were unavailable to the public. Freeland announced the 90th library recently joined the Open Libraries program, which embraces CDL as the digital equivalent of traditional library lending, allowing patrons to borrow one copy at a time of a title the library owns.

As librarians look for ways of safeguarding digital books, Readium LCP was highlighted as a promising, open source technology gaining popularity. Participants were encouraged in this same space to spread the word about the advocacy work of the nonprofit Library Futures, and recognize many authors who have recently offered public support for libraries, CDL and digital ownership of books.

Lila Bailey reported on an emerging coalition of nonprofits working on a policy agenda to build a better internet centered on public interest values. A forthcoming paper will outline four digital library rights that without which it would be impossible to function in the 21st century. They include the right to collect, preserve, lend and access material. This encouraging collaboration is the result of two convenings earlier this year, including one in Washington, D.C. in July.

CDL Community of Practice

A panel at the forum discussed projects within the CDL community of practice.

Nettie Lagace of the National Information Standards Organization gave an update on an initiative, funded by the Mellon Foundation, to create a consensus framework and recommendations on CDL. Working groups are focused now on considering digital objects, circulation and reserves, interlibrary loans and asset sharing. Public comments on the draft will be welcome in the coming months, with a final document likely released next summer.

Amanda Wakaruk a copyright and scholarly communications librarian at the University of Alberta, announced a new paper exploring the legal considerations of CDL for Canadian libraries. She is one of the co-authors on the research, along with others in the Canadian Federation of Library Associations. The preprint is available now and the final paper will be published soon in the journal, Partnership: The Canadian Journal of Library and Information Practice and Research.

Working with Project ReShare, the Boston Library Consortium is leveraging CDL as a mechanism for interlibrary loan. “BLC really believes that CDL is an extension of existing resource sharing practices, both in the legal sense–the same protections and opportunities afforded to interlibrary loan also apply to CDL,” said Charlie Bartow, executive director, “but, also in a services sense–that existing resource sharing systems and practices can be readily adapted to include CDL.”

Also, speaking in the session was Caltech’s Mike Hucka. He described efforts on his campus to provide students with learning materials when the pandemic hit by creating a simple model they named the Digital Borrowing System (DIBS).

In Canada, a large digitization project is underway at the University of Toronto, where 40,000 titles in the library’s government collection are being scanned and made available online for easier public access.

Take action

In the final segment, Freeland announced that Carl Malamud is the recipient of the 2022 Internet Archive Hero Award for his dedication in making government information accessible to all. Malamud will receive the Hero Award onstage at next week’s evening celebration, “Building Democracy’s Library.”

Freeland concluded the event with a final call to action: To join the #OwnBooks campaign. People are encouraged to take a photo of themselves holding a book they own that has special meaning, perhaps something that has influenced their career path or has sentimental value. As the Internet Archive fights for the right for libraries to own books, this is a chance to bring attention to the issue and build public support.

Internet Archive Opposes Publishers in Federal Lawsuit

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On Friday, September 2, we filed a brief in opposition to the four publishers that sued Internet Archive in June 2020: Hachette Book Group, Harper Collins Publishers, John Wiley & Sons, and Penguin Random House. This is the second of three briefs from us that will help the Court decide the case.

Read: Hachette v. Internet Archive – Internet Archive’s Opposition to Motion for Summary Judgment

As many of you know, these four publishers sued the Internet Archive to try to shut down our digital lending program. The lawsuit has been ongoing for over two years now. In addition to the papers that have gone in so far, there will be one more opportunity, later this fall, for the parties to file arguments with the court. These will be the “reply” briefs. At that point, the filing of papers tends to cease. The Court will then decide whether or not it wants to hear from the parties in person–through “oral argument.” After that, the Court will make a decision on this set of briefs. That could resolve the case in its entirety, or it could lead to a trial and/or appeal. In the end, the lawsuit could take some years to resolve.

Our opposition brief responds to the arguments raised in the publisher’s motion for summary judgment. There, some of the world’s largest and most-profitable publishers complained that sometimes “Americans who read an ebook use free library copies, rather than purchasing a commercial ebook.” They believe that copyright law gives them the right to control how libraries lend the books they own, and demand that libraries implement the restrictive terms and conditions that publishers prefer.

Our opposition brief explains that “[p]ublishers do not have a right to limit libraries only to inefficient lending methods, in hopes that those inefficiencies will lead frustrated library patrons to buy their own copies.” The record in this case shows that publishers have suffered no economic harm as a result of our controlled digital lending–indeed, publishers have earned record profits in recent years. “[D]igital lending of physical books costs rightsholders no more or less than, for example, lending books via a bookmobile or interlibrary loan. In each case, the books the library lends are bought and paid for, ensuring that rightsholders receive all of the financial benefits to which they are entitled.”

The future of library lending is at stake in this lawsuit. We will keep fighting to prove that copyright does not stand in the way of a library’s right to do what libraries have always done: lend the books it owns to one patron at a time.

Internet Archive Seeks Summary Judgment in Federal Lawsuit Filed By Publishing Companies

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The Internet Archive has asked a federal judge to rule in our favor and end a radical lawsuit, filed by four major publishing companies, that aims to criminalize library lending.

The motion for summary judgment, filed Thursday in the U.S. District Court for the Southern District of New York by the Electronic Frontier Foundation (EFF) and Durie Tangri LLP, explains that our Controlled Digital Lending (CDL) program is a lawful fair use that preserves traditional library lending in the digital world. 

The brief explains how the Internet Archive is advancing the purposes of copyright law by furthering public access to knowledge and facilitating the creation of new creative and scholarly works. The Internet Archive’s digital lending hasn’t cost the publishers one penny in revenues; in fact, concrete evidence shows that the Archive’s digital lending does not and will not harm the market for books.

Earlier today, we hosted a press conference with stakeholders in the lawsuit and the librarians and creators who will be affected by its outcome, including:

“Should we stop libraries from owning and lending books? No,” said Brewster Kahle, the Internet Archive’s founder and digital librarian. “We need libraries to be independent and strong, now more than ever, in a time of misinformation and challenges to democracy. That’s why we are defending the rights of libraries to serve our patrons where they are, online.”

Through CDL, the Internet Archive and other libraries make and lend out digital scans of print books in our collections, subject to strict technical controls. Each book loaned via CDL has already been bought and paid for, so authors and publishers have already been fully compensated for those books. Nonetheless, publishers Hachette, HarperCollins, Wiley, and Penguin Random House sued the Archive in 2020, claiming incorrectly that CDL violates their copyrights.

“The publishers are not seeking protection from harm to their existing rights. They are seeking a new right foreign to American copyright law: the right to control how libraries may lend the books they own,” said EFF Legal Director Corynne McSherry. “They should not succeed. The Internet Archive and the hundreds of libraries and archives that support it are not pirates or thieves. They are librarians, striving to serve their patrons online just as they have done for centuries in the brick-and-mortar world. Copyright law does not stand in the way of a library’s right to lend its books to its patrons, one at a time.”

Authors and librarians speak out in support of the Internet Archive

“In the all-consuming tide of entropy, the Internet Archive brings some measure of order and permanence to knowledge,” said author Tom Scocca. “Out past the normal circulating lifespan of a piece of writing—or past the lifespan of entire publications—the Archive preserves and maintains it.”

“The library’s practice of controlled digital lending was a lifeline at the start of the pandemic and has become an essential service and a public good since,” said Benjamin Saracco, a research and digital services faculty librarian at an academic medical and hospital library in New Jersey. “If the publishers are successful in their pursuit to shut down the Internet Archive’s lending library and stop all libraries from practicing controlled digital lending, libraries of all varieties and the communities they serve will suffer.”

Author and Editor: “Internet Archive brings some measure of order and permanence to knowledge”

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On July 8, 2022, author and editor Tom Scocca spoke at a press conference about the copyright lawsuit brought against the Internet Archive by four commercial publishers. Tom is an editor at The Brick House, the proprietor of Indignity, and the former politics editor at Slate. He is the author of Beijing Welcomes You: Unveiling the Capital City of the Future. These are his remarks:

To be a writer in the 21st century is to be caught between two conflicting concerns: the fear that one’s work will be stolen, and the fear that one’s work will be lost. These are the individual and personal expressions of the larger facts of our living amid an unprecedented availability of information, and of the unprecedented unavailability of that same information. Our knowledge and our work are caught up in rapid, unpredictable cycles of creation, dissemination, and destruction; just as I was sitting down to write these thoughts, I discovered a year’s worth of my own writing had been suddenly blocked from being read on the internet by an expired certificate.

But I could still find it on the Internet Archive. In the all-consuming tide of entropy, the Internet Archive brings some measure of order and permanence to knowledge. Out past the normal circulating lifespan of a piece of writing—or past the lifespan of entire publications—the Archive preserves and maintains it. It’s surprisingly hard, logistically and conceptually, to remember what 2008 was like, let alone 1998, but miraculously, the evidence still exists. If it’s not quite like achieving immortality, it’s at least like no longer being buried in an unmarked mass grave.

This is the work that libraries have always done. Deep in the stacks, you can physically take a book off a shelf that no one else has checked out in 20 years. You could semi-physically, or semi-virtually, flip through a long-gone newspaper with a spin of a microfiche reel. One of my greatest thrills, when I became an author, was hearing from someone that their ordinary public library in some ordinary city had a copy of my book—a thrill quite different from the regular good news of knowing that some person had spent money to put a copy on their home bookshelf. In the library, my book could be read by anyone.

I was happy, then, to participate in the Open Library project, by putting my own work into an anthology to be published for digital lending. I understand—at a deep level, the level on which I wonder how I will pay the mortgage and what I will eat in my old age—how alarming the Open Library can sound to a writer. I feel that alarm: the sense that our already precariously remunerated work might be distributed for no money at all, that the greedy and impersonal culture of torrenting and piracy might be coming for us, too.

But practically, the idea is the idea of the library book. A single copy—bought and paid for—shared with one person at a time, and then returned to the shelf. The distribution may be virtual and seemingly unreal, but it behaves like a solid item. It behaves more like a solid item, in fact, than many provisionally available movies or texts on the consumer market, which act as your personal property for only as long as the underlying licensing agreement between the rights-holder and the seller lasts. That sort of dissolving culture isn’t a renewable revenue source, it’s a path to scarcity and amnesia.

Librarian: If the publishers’ lawsuit is successful, “libraries of all varieties and the communities they serve will suffer.”

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On July 8, 2022, Benjamin Saracco, medical school librarian, spoke at a press conference about the copyright lawsuit brought against the Internet Archive by four commercial publishers. These are his remarks:

Hi everyone. My name is Benjamin Saracco, and I’m a research and digital services faculty librarian at an academic medical and hospital library in New Jersey. My library serves the doctors, nurses, residents, and other healthcare workers in the hospital, and also the students, faculty, and staff of the medical school. 

The start of the COVID-19 pandemic was an extremely stressful time for me and my colleagues at the hospital library. In March 2020, the Governor of New Jersey signed an executive order that closed all libraries in the state. Even the physical books in my hospital’s library were unavailable to circulate for a period of time during the pandemic. I remember being flooded with requests from medical students, nurses, and doctors during that time, particularly front line healthcare workers that were seeking information about COVID-19 and COVID-19 clinical care information to address the high rates of hospitalization in our state. 

Some of the most commonly checked out physical materials in our library are training materials for patient care. While our hospital library’s physical collections were closed due to the pandemic, I received multiple requests for at least two such materials: a Manual for Basic Life Support, known as the BLS Manual for Healthcare Providers and the Advanced Cardiovascular Life Support Provider Manual. These books are used to train front line healthcare workers to handle life-threatening emergencies, for example by giving CPR or using an automated external defibrillator in cases of cardiac arrest, as well as more advanced skills to treat patients in life-threatening circumstances, many of which arose during COVID-19 in our hospital. Since our physical collection was unavailable, I searched for ebook versions of these materials in our database and did not find any.

However, I was able to locate older editions of both books that were available for borrowing at the Internet Archive, and was able to direct the healthcare workers requesting these materials to the digitized books at the Internet Archive. I also provided a demonstration over Zoom to medical school faculty on how to use the Internet Archive’s lending library to search for materials that might be useful for the curriculum.  As you can imagine, converting in person instruction for medical students training to be doctors such as working with human cadavers in a gross anatomy lab was a challenging endeavor to convert to a digital format.

From my educational and professional experiences as a librarian, especially during the start of the COVID-19 pandemic, I know the Internet Archive is an extremely valuable resource for the public. I have immense respect for the important work they are doing to ensure access to information through a digital medium.

As a professional librarian of over 12 years and an author and journal editor myself, I have been trained to always respect the rights of authors and publishers. In my view, the Internet Archive’s lending library is consistent with those rights. The library’s practice of controlled digital lending was a lifeline at the start of the pandemic and has become an essential service and a public good since. If the publishers are successful in their pursuit to shut down the Internet Archive’s lending library and stop all libraries from practicing controlled digital lending, libraries of all varieties and the communities they serve will suffer.

Internet Archive Founder: “We are defending the rights of libraries to serve our patrons where they are, online”

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On July 8, 2022, Brewster Kahle, founder and digital librarian of the Internet Archive, spoke at a press conference about the copyright lawsuit brought against the Internet Archive by four commercial publishers. These are his remarks:

The Internet Archive is a non-profit library. And we do what libraries have always done.

What libraries do is we buy, preserve and lend books to one reader at a time. Why do we do it?  Libraries are a pillar of our democracy. We are a great equalizer, providing access to information for all. We also have an age-old role as custodians of culture, preserving knowledge for future generations. 

This is what the Internet Archive is doing along-side hundreds of other libraries.  We have been lending scanned digital copies of print books for more than 10 years, and it has helped millions of digital learners.  

With this lawsuit, the publishers are saying that in digital form, we cannot buy books, we cannot preserve books, and we cannot lend books.

This lawsuit is not just an attack on the Internet Archive—it is an attack on all libraries. The publishers want to criminalize libraries’ owning, lending and preserving books in digital form. 

Should we stop libraries from owning and lending books? No. We need libraries to be independent and strong, now more than ever, in a time of misinformation and challenges to democracy.

That’s why we are defending the rights of libraries to serve our patrons where they are, online.

EFF Legal Director: “Copyright law does not stand in the way of a library’s right to lend its books”

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On July 8, 2022, Corynne McSherry, legal director at the Electronic Frontier Foundation, spoke at a press conference about the copyright lawsuit brought against the Internet Archive by four commercial publishers. These are her remarks:

The Internet Archive, headquartered in San Francisco, is a 501(c)(3) non-profit library dedicated to preserving and sharing knowledge. Through Controlled Digital Lending (“CDL”), the Internet Archive and other nonprofit libraries make and lend out digital scans of print books in their collections, subject to strict technical controls.  Each book loaned via CDL has already been bought and paid for, so authors and publishers have already been fully compensated for those books.

Publishers Hachette, HarperCollins, Wiley, and Penguin Random House sued the Archive in 2020, claiming that CDL violates their copyrights, costs them millions of dollars, and threatens their businesses. They are wrong: Libraries have paid publishers billions of dollars for the books in their print collections, and are investing enormous resources in digitization in order to preserve those texts. CDL merely helps libraries take the next step by ensuring the public can make full use of books that libraries already have bought and paid for. CDL is fundamentally the same as traditional library lending and poses no harm to authors or the publishing industry. 

Yesterday, we filed a brief asking a federal judge to put a stop to these publishers’ efforts to limit access to library books. Our motion for summary judgment, filed in the U.S. District Court for the Southern District of New York, explains that the Archive’s CDL program is not copyright infringement but a lawful fair use that preserves traditional library lending in the digital world.  Among other things, we explain how the Archive is advancing the purposes of copyright law by furthering public access to knowledge and facilitating the creation of new creative and scholarly works.  And Internet Archive’s digital lending hasn’t cost the publishers one penny in revenues. In fact, the concrete evidence shows that the Archive’s digital lending does not and will not harm the market for books.

The publishers are not seeking protection from harm to their existing rights,. They are seeking a new right foreign to American copyright law: the right to control how libraries may lend the books they own.   

They should not succeed. The Internet Archive and the hundreds of libraries and archives that support it are not pirates or thieves. They are librarians, striving to serve their patrons online just as they have done for centuries in the brick-and-mortar world.  Copyright law does not stand in the way of a library’s right to lend its books to its patrons, one at a time. 

Briefing on these issues will continue over the next few months, and we hope to have a decision from the court sometime next year.