Tag Archives: publishers

LECTURE: The Publisher Playbook, May 25

Posted on by

Join Kyle K. Courtney & Juliya Ziskina of Library Futures for a review of how publisher interests have attempted to hinder the library mission.

Watch recording:

FROM THE ABSTRACT: Libraries have continuously evolved their ability to provide access to collections in innovative ways. Many of these advancements in access, however, were not achieved without overcoming serious resistance and obstruction from the rightsholder and publishing industry. The struggle to maintain the library’s access-based mission and serve the public interest began as early as the late 1800s and continues through today. We call these tactics the “publishers’ playbook.” Libraries and their readers have routinely engaged in lengthy battles to defend the ability for libraries to fulfill their mission and serve the public good. The following is a brief review of the times and methods that publishers and rightsholder interests have attempted to hinder the library mission. This pattern of conduct, as reflected in ongoing controlled digital lending litigation, is not unexpected and belies a historical playbook on the part of publishers and rightsholders to maximize their own profits and control over the public’s informational needs. Thankfully, as outlined in this paper, Congress and the courts have historically upheld libraries’ attempts to expand access to information for the public’s benefit.

Read the full article, “The Publisher Playbook: A Brief History of the Publishing Industry’s Obstruction of the Library Mission.”

ABOUT THE AUTHORS

KYLE K. COURTNEY is a lawyer and librarian dedicated to issues surrounding copyright, access, and preservation. He serves as Copyright Advisor and Program Manager at the Harvard Library Office for Scholarly Communication. His “Copyright First Responders” initiative is in its seventh year, spreading from Harvard to libraries, archives, and other cultural institutions in Alaska, Arizona, California, Colorado, Massachusetts, Oregon, Rhode Island, Washington, and soon, internationally. He is the co-author of the White Paper on Controlled Digital Lending of Library Books (with David Hansen). He serves as an Advisor to ALI, helping to draft the first Restatement of Copyright. He co-founded Fair Use Week, now an international celebration sponsored annually by over 100+ universities, libraries, and other institutions, and won a Knight Foundation Grant to test technology for crowdsourcing copyright and fair use decisions. He also currently maintains a dual appointment at Northeastern University: teaching “Cyberlaw: Privacy, Ethics, and Digital Rights” for the interdisciplinary Information Assurance and Cybersecurity program at the Khoury College of Computer Science and teaching both “Legal Research and Writing for LLM’s” and the “Advanced Legal Writing Workshop” at the Northeastern University School of Law. He holds a J.D. with distinction in Intellectual Property Law and an MSLIS. He is a published author and nationally recognized speaker on the topic of copyright, technology, libraries, and the law. His blog is at http://kylecourtney.com and he can be found on Twitter @KyleKCourtney.

JULIYA ZISKINA is an attorney, artist, photographer, and open access advocate based out of Brooklyn, New York. A forever curious jack-of-all-trades, she believes strongly in a vibrant, collaborative global commons. She completed her JD at the University of Washington in Seattle and served as a graduate student representative on the Faculty Council on University Libraries. As a law student, Juliya co-founded an initiative for an institutional open access policy at the University of Washington, which was successful as of June 2018. Previously, she advocated for the Fair Access to Science and Technology Research Act (FASTR) in Washington, DC with the Student Advocates for Graduate Education, representing over 150,000 graduate students. In 2015, she attended OpenCon in Brussels, Belgium, where she co-led a workshop on grassroots mobilization. Later that year, she presented on a panel at the American Libraries Association Annual Conference on advancing open access through library partnerships with students and early career researchers. A lifelong grassroots rabble-rouser, she started her career by co-founding an underground student newspaper at her high school that was acclaimed by the American Civil Liberties Union and the Student Press Law Center. Juliya’s work has strengthened her belief in the importance of the free flow of information and the human side of the law.

LECTURE: THE PUBLISHER PLAYBOOK
Thursday, May 25 @ 10am PT / 1pm ET
Watch the session recording

Punctum Books Helps Build Streamlined System for Archiving Open Access Monographs

Posted on by

Since its founding in 2011, punctum books has been an independent, scholar- and queerled open access (OA) press committed to reshaping the way knowledge production is shared in academia and beyond. 

Now, it is also a key player in the development of technology that’s making it easier for publishers to archive open access monographs. 

The idea behind the open access movement is that scholarly research is a public good that should be made available to everyone in order to remove some of the technological and financial barriers to research and to accelerate education and research across the planet. Open access monographs are long-form scholarly publications released in the public domain under a Creative Commons or comparable license, which allows readers to freely access them without paywall. Authors of open access publications retain the copyright to their work.

“We strongly believe that publicly funded knowledge should be publicly available.”

Vincent W.J. van Gerven Oei, co-director of punctum books

“We strongly believe that publicly funded knowledge should be publicly available,” said Vincent W.J. van Gerven Oei, co-director of the non-profit publisher, along with Eileen A. Fradenburg Joy. “This is an ideological commitment — and, for us, this has been a guiding light in all our publishing work.” 

Recently, punctum published its entire catalogue of close to 400 books to the Internet Archive’s online collection. It includes books about queer studies, film and media studies, Anthropocene studies, recuperative work and titles dealing with the Medieval period. 

Streamlining open access publishing

Not only did the publisher make its items freely available, it was also part of an effort to develop an open metadata management and dissemination system – known as Thoth – to encourage other open access publishers to do the same. 

The automated deposit system was built as part of the Community-led Open Publication Infrastructures for Monographs (COPIM) project, an international partnership of researchers, universities, librarians, open access book publishers and infrastructure providers. The open source platform, funded by Arcadia and Research England, is designed to streamline the sharing of open access books.

Vincent W.J. van Gerven Oei, co-director, punctum books

“We wanted to make the management of metadata more convenient, especially for small-scale publishers,” Van Gerven Oei said. “The systems to get digital publications into the world are very opaque and difficult to navigate. We developed a tool that makes everything easier. We hope that by offering this service the discoverability of open access books will be much better.”

Along with punctum, other scholar-led, open access publishers such as Open Book Publishers are using Thoth for their daily metadata management. Van Gerven Oei said there is never going to be one single solution to the distribution challenge for small open publishers, but he hopes this effort will redirect traffic to the Archive.

“The Internet Archive, as a central repository not only for publications, but for the entire history of the internet, is of vital importance,” Van Gerven Oei said. “I am happy that the Internet Archive is one of the first repositories connected to our work with Thoth.” 

In addition, punctum is working with other libraries to develop open community-owned infrastructure to offer an alternative to commercial publishing infrastructures. 

See recent COPIM blog post about the experimentation with automated archiving at Internet Archive.

“We see libraries as our allies in our fight for open knowledge,” Van Gerven Oei said. “Knowledge is a public good that should not be a private enterprise at all.”

The Library-Publisher partnership

The founders of punctum believe the press has a moral obligation to provide its materials for free and allow authors to share, remix, and reuse. 

Incorporated and based in Santa Barbara, California, punctum has a partnership with the University of California, Santa Barbara (UCSB) Library. 

The UC Santa Barbara Library. Photo credit: UC SANTA BARBARA

Together, they conducted a two-year pilot project from 2018-2020 to test a no-fees open access book publishing model for the humanities and social sciences. 

“The goal was to develop best practices, protocols and infrastructure, technical and otherwise, around punctum’s digital catalog, and create a Library Membership Program,” said Lidia Uziel, associate university librarian for research resources and scholarly communication at UCSB Library. The objective was to support punctum’s operations while advancing the library’s interest in no-fee OA book publishing.  

Lidia Uziel, associate university librarian, UCSB Library

“It was a natural collaboration for the library,” said Uziel. “The University of California, Santa Barbara is very committed to opening up scholarship created by UCSB researchers to be freely available to the scholarly community globally. Making good on this commitment requires the investment of time, effort, and money toward transforming the current, very closed, scholarly publishing system for both journals and books.”

Many faculty members publish with punctum, because of shared values. UCSB community and punctum are both passionately committed to the mission of the public research library and to scholar-led, community-owned, and economically sustainable open science and publishing. The project was an opportunity for the library community, students, and faculty to learn about open access publishing through the lens of the pilot project and the partnership with punctum.

“Making good on [a commitment to open access] requires the investment of time, effort, and money toward transforming the current, very closed, scholarly publishing system for both journals and books.”

Lidia Uziel, associate university librarian, University of California, Santa Barbara (UCSB) Library

The relationship was mutually beneficial, as it was also a chance for punctum to broaden its distribution network.

“The partnership with UCSB has been a lifesaver,” Van Gerven Oei said. ”To get books out into the world – from publisher to readers – it’s not easy. UCSB Library helped us in understanding the landscape, finding allies, and getting metadata records in shape. In turn, we have provided students and faculty with knowledge of OA publishing.”

One of the outcomes of the pilot was the creation of punctum’s Supporting Library Membership Program.  It now works with other libraries around the world on open access publishing.

“The library and scholarly communities have long advocated for free and unrestricted access to scholarly literature. The open science movement as a whole is gaining momentum, not only in the U.S., but also internationally,” Uziel said. “Open access publishing will continue to grow thanks to the implementation of OA policies by funders and institutions and the development of new innovative publishing models and open source platforms that facilitate the publication of OA content at a reduced cost. National and international library organizations are endorsing the OA policies and initiatives, and open access publishing is increasingly integrated into standard library operations.”

The road ahead

Experimentation on how to disseminate born digital books is happening across all sectors of publishing, with efforts like punctum books helping make systemic change across a field that has historically prioritized commerce over access, according to Maria Bustillos, editor of The Brick House.

“Free-thinking people are all involved in the same democratic, egalitarian project of building culture, whether they are librarians, academics, readers, students, journalists, artists or authors,” she said. “The sooner we all join forces to expand and protect the global commons, the better our world will be.”

Van Gerven Oei said he’s optimistic about the future of open access, but there needs to be policy and political will to support knowledge as a public good. In the meantime, he sees potential with providing online access to open access monographs. 

“We have a deep understanding and love for all the forms of archives,” Van Gerven Oei said. “From the moment that the Internet Archive existed, we have been great fans of its omnivorous drive and applaud the enterprise. We are very happy to contribute even more data and become sustenance for future archivists.”

More than 100 years of Editor & Publisher Now Fully Accessible Online on the Internet Archive

Posted on by

[press: niemanlab]

Editor & Publisher Magazine, 1901

When Mike Blinder acquired Editor & Publisher magazine in October 2019, he inherited boxes of back issues that he put in a climate-controlled storage unit near his home in Tampa, Florida.  Leafing through the old — and sometimes brittle — pages of the journalism trade publications, he noticed a reference to microfilm access to the content. 

Blinder, a media consultant for more than 40 years, says he turned detective trying to track down the missing E&P on microfilm. The odyssey would take him to past owners and bankruptcy documents before discovering that the canisters of microfilm had been purchased and given to the Internet Archive to digitize and make available to the public for free.

When Blinder called Brewster Kahle of the Internet Archive and found out we had the microfilm for his back issues, he was very excited to find the microfilm was not only safe, but that the Internet Archive would digitize all of the issues at no cost to him. Blinder enthusiastically gave permission for the full 100-year history to be read and downloaded by anyone, anywhere – along with E&P’s International Yearbook and Market Guide. Going beyond the Internet Archive’s traditional lending system ensures it can be indexed by search engines and made maximally useful to readers and researchers.

Mike Blinder, Publisher

“I just went nuts,” Blinder recalls of learning about the project earlier this year. “I read history all the time. The fact that content about this incredible industry was available to humanity was exceptionally exciting.”

The ability to research these archived issues has been truly exciting, especially for those looking up historical documents, many with a personal or family connection. Amy Levine is the daughter of the former publisher of sixteen small newspapers in Northern California. When Levine looked up the past issues featuring her father Mort and his legacy, she was all over it. “I loved it,” said Levine, “and I showed my father– he loved sharing his past accomplishments with me.”

Hiring a company to scan the stacks of print copies would have been a massive and expensive undertaking that Blinder says he didn’t have the funds to do. Turning microfilm into digital content is much easier and the process was underway at the Internet Archive at no cost to him.

“It was good news,” Blinder says. “[The press] is part of the constitution. Our founding fathers told us that we needed to exist.”

While Blinder says he thinks there is enough demand to charge for access to this collection of magazines, he’s glad the information is freely available for journalism students, scholars, and the general public.  Blinder plans to tell his colleagues in the media business about the newly established digital collection and says he’s confident there will be an audience for the material.

“There are a lot of people who study our industry. We are in such a crisis now,” says Blinder of the competition from social media and struggles of daily newspapers. Over the years, E&P has chronicled changes in the business during times of recession, war, and cultural change. It includes awards for publishers of the year and young journalism professionals. Blinder anticipates the collection will appeal to people who want to look back at past trends.

“There are a lot of people who study our industry. We are in such a crisis now”

Mike Blinder, Editor & Publisher magazine

Since purchasing E&P last year, Blinder and his wife, Robin, have been able to turn the operation around, doubling its revenues and tripling its audience.

“We love journalism. We want to talk about journalism as a business,” Blinder says. “We are an independent voice for the industry.”

Now you can read 100 years of history in the archive of Editor & Publisher magazine.

Microfilm to the Rescue: Over a Century of Guernsey Breeders’ Journal Now on the Internet Archive

Posted on by

Since 1970, America has lost over 90% of its dairy farms. Preserving the rich cultural history of our nation’s dairy farmers has gone from important to mission critical. As one small step on a challenging path, the Internet Archive is honored to partner with the American Guernsey Association, the official breed registry organization for Guernsey dairy cattle in the United States. For over a century, AGA has published the Guernsey Breeders’ Journal, the official publication of the AGA and the longest-running publication of any American dairy breed organization. Working with staff on two continents, the Archive has been able to digitize and make available to the public AGA’s entire collection of Journal issues, dating back to 1910.

Guernsey Breeders’ Journal, 1952

The Internet Archive is thrilled to partner with the AGA by making back issues of Guernsey Breeders’ Journal available for public access. The partnership offers something for everyone – farmers, industry, historians, and Guernsey-lovers alike. By digitizing the issues at no cost to AGA, and hosting them on the Archive’s own servers, AGA is free to distribute the entirety of its magazine collection by pointing its website users to the collection on the Internet Archive, or even embedding links to the issues on its own website.

According to Robin Alden, Executive Director for American Guernsey, the partnership has been a long time coming. “This is something we have wanted to do for a long time, and I think it will be a huge benefit to our readers and to Guernsey fans.”

“By working together, the Internet Archive has made all of the digitized issues available to the public, to search engines, and back to American Guernsey for their use and preservation,” said Marina Lewis, the Collections Manager of the Internet Archive. “We hope all publishers will work with us to make back issues publicly available.”

According to Alden, the Journal is a critically important tool to reach out to AGA’s members and constituents. With almost 2,000 issues dating back to 1910, the Journal is an opportunity to provide plenty of great content to readers. In fact, a recent survey by AGA indicates that its members and constituents received critical industry information from the Journal, beyond just membership in the AGA. The survey results showed that over 90% of Guernsey enthusiasts surveyed rely on the Journal for their primary source of news on the breed and the industry. 

This is something we have wanted to do for a long time, and I think it will be a huge benefit to our readers and to Guernsey fans.

Robin Alden, AGA Executive Director

In addition to industry news, the Journal is also an invaluable research tool. Alden says she receives phone calls every year from students and members of animal husbandry organizations such as 4H with requests for research materials and data. Alden is able to direct students to the online collection at the Internet Archive (and soon the AGA website) so students can have free access to historical data and images for their projects.

Most importantly, the Journal supports AGA’s mission to expand the demand for Guernsey differentiated consumer products and deliver premium returns for producers and breeder members, with the goal of providing leadership, promoting programs, services, and technologies to ensure the integrity of the breed – while enhancing the value for its members, owners, and the industry. AGA also offers a variety of products and services, in addition to its breed registry. Among these are Golden Guernsey, a consumer-facing site that offers premium dairy goods from AGA’s network of Guernsey farmers throughout the United States and Canada.

For many readers, though, having such access to the Journal provides more than just facts and data; for many, having online access to the Journal offers a window to their past. According to Alden, many readers may have grown up on a farm or may now live internationally, and having this resource and being able to provide online access is huge. “We have a lot of members who want to be able to take a walk down memory lane, and they otherwise wouldn’t be able to do so.”

Judge Sets Tentative Trial Date for November 2021

Posted on by

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.”

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

Posted on by

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

Posted on by

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

Posted on by

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.

Why Publishers Support E-book Lending with OpenLibrary.org: A Q&A with Smashwords Mark Coker

Posted on by

Photo of Mark Coker

Mark Coker Founder, CEO Smashwords

This Q&A kicks off a series of conversations with visionary publishers who support e-book digital library lending with OpenLibrary.org.

Mark Coker, Founder, CEO and Chief Author Advocate, founded Smashwords  to change the way books are published, marketed and sold.  In just three years it has become the leading ebook publishing and distribution platform for independent authors and small publishers.  The Wall Street Journal named Mark Coker one of the “Eight Stars of Self-Publishing” in 2010. He is a contributing columnist for the Huffington Post, where he writes about ebooks and the future of publishing. For Smashwords updates, follow Mark on Twitter at @markcoker.

Q. What is the relationship between publishers and Open Library?

A: “There is an intersection of common interest with publishers and Open Library – the passionate desire to get books to readers. The innovators at Open Library understand that the way people access books is an ongoing evolution and they are at the forefront of finding solutions to support all the key stakeholders – publishers and distributors, authors and most of all, readers.

Q: How do Libraries help to support book distribution?

old man reading computer

“Its simple – the more readers have a chance to engage with a book, the more likely they are to recommend it, or purchase it.”


A: Open Library purchases your books and shares them with readers by creating a web page for each book, with a cover photo and descriptive information. There are prompts to read, borrow and buy. Open Library has more than 4,600,000 unique visitors a month.

Q: What makes Smashwords different from other publishing organizations?

A: Smashwords represents 19,000 indie authors and small presses who handle the writing, editing and pricing of their books. We distribute these titles to major retailers such as Apple, Barnes & Noble, Sony, Kobo and Diesel. We believe that authors should maintain the creative and financial control of their work and receive the lion share of income. Our authors keep upwards of 85% of the profits on the books we distribute.

Q. Why are some publishers and authors excited about e-books accessed via public libraries?

“If you build it, they will come.”

A: Our authors and publishers rely on Smashwords to open up new opportunities to reach readers. We’re working with most of the biggest indie authors, and many of them are excited about libraries. Open Library and its partners believe, “if you build it, they will come and I agree.  As demand for ebooks through a digital public library systems increase, publishers will better understand the value of partnering with Open Library. We hope they utilize Smashwords to reach these new distribution venues.

Buying E-Books from Smashwords

Posted on by

Young Adult e-Books by Amanda Hocking available on OpenLibrary.org

Smashwords’ best-selling authors contribute to OpenLibrary.org

Smashwords, the largest distributor of independently published literature, recently provided the Internet Archive and OpenLibrary.org with its first installment of e-Books from best known, best-selling e-Book authors including: Young Adult sensation Amanda Hocking; Fantasy author, Brian Pratt; Romance novelist Ruth Ann Nordin; and Business Expert, Gerald Weinberg.

Mark Coker, CEO of Smashwords believes that libraries are crucial to every publisher’s survival because they provide the face to face connection between readers, authors and books.

“We see tremendous value in partnering with the Internet Archive. Their visionary leadership is helping to create a worldwide digital public library.”
Mark Coker, CEO, Smashwords

The deposit by Smashwords was a first attempt at demonstrating the feasibility of making modern books more globally accessible through OpenLibrary.org. Next up – the creation of a new model that supports the on-going purchase of e-Books by participating libraries.

“The publishing world is rapidly changing,” asserts Coker, “There’s plenty of room for numerous distribution models and in my opinion, publishers should be bending over backwards to support these initiatives.”