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Background: October 8th 2020 Hachette v. Internet Archive 

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Background: October 8th 2020 Hachette v. Internet Archive 

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Background: January 12th 2021 HathiTrust 

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Background: January 12th 2021 HathiTrust 

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V4 January 12, 2021

Emergency Temporary Access Service

Policy and Principles of Service

In developing and providing these services, HathiTrust has conducted its own analysis of public policy and copyright law. Our goal in providing this service is to help a library carry out its mission to support teaching and research during an unusual and extraordinary set of circumstances that are expected to be temporary. The service is designed on the following principles:

The service is based on a fair use analysis that requires us to strictly limit the mode of access, the universe of users, and to reduce or eliminate the potential for additional circulation of a copyrighted work.

The access is provided only for the institution's patrons (not the whole world), via a secure login.

The access is largely contemporaneous with the quarantine/calamity/closure.

The access is provided only to works the patron would ordinarily have access to as a patron of that library.

The access is provided on a one-to-one basis-that is, if the library has three print copies of a work, only three patrons can access the title at a time.

Access is not automatic, and will be enabled only after there is an evaluation of the library's circumstances.

Requirements and Service Guidelines

Services will be provided at HathiTrust's sole discretion. Before HathiTrust can implement Emergency Temporary Access Services for a given library, it must evaluate whether the Library qualifies, whether the institution can accurately identify its affiliates, and whether we have sufficient information about the Library's collections.

Library & Collections Access Requirements

Library location: United States.

Type of library: research library affiliated with an institution of higher education.

Nature of disruption: A library has to suffer an unexpected or involuntary disruption to normal operations, requiring it to be closed to the public, or otherwise restrict collection access services, so that users cannot gain access to items in the collection as they ordinarily would.

HathiTrust's initial implementation will be focused on library services during the COVID-19 emergency.

Temporary access will not be enabled if the services were disrupted due to foreseeable circumstances for which other arrangements could be made, e.g., cleaning, renovations, staff training days.

When the library is again providing access to its collections, they must notify HathiTrust and the service will no longer be provided.

Length of closure: The closure must be expected to last longer than 48 hours.

Access for non-US libraries may be obtained based upon an analysis of copyright law in those jurisdictions, and the submission of additional materials by the member .

Special situations

For multiple libraries on campus: The service is designed to support an organization when its library or library system cannot provide normal access to its collection. If collection services are provided out of any branch or subject-focused library, HathiTrust may not be able to provide Emergency Temporary Access Services. We have no capacity to set different access policies based on locations in a library or library system.

University systems: some colleges and universities are HathiTrust members through a system membership , where there is a single legal authority governing the system and the collections are treated as general assets of all of the institutions in the system. In general, if a university or college in the system qualifies for access to ETAS, then its users will qualify for access to those materials owned by the system that it would ordinarily be able to access. Systems also present some special situations discussed below under User Authentication and Qualifying Works.

User authentication requirements

For universities and colleges, only Students, Staff, and Faculty will be provided with access. Alumni or other courtesy user groups do not qualify for temporary access.

These students, staff, and faculty must be authorized for HathiTrust access via member institution's single sign-on and the passing of required attributes via a SAML 2.0-compliant identity provider in the usual way . Multi-factor identification is not required for temporary access.

HathiTrust must verify the institutional affiliations that are passed to us by the institution's authentication service before ETAS can be implemented.

During the authentication process the institution should pass values representing the user's affiliation with the institution, e.g., staff@txstate.edu, student@umich.edu, faculty@claremont.edu.

Exceptions: During authentication, some institutions may currently pass a value of "member" to HathiTrust, rather than one that specifically identifies a student, faculty, or staff member of the institution. In such cases HathiTrust will verify with the institution what universe of users are included under this value, and may request that the institution's IdP make changes before implementing ETAS. These cases will be reviewed by the Director of Services and Operations and/or the Executive Director.

University System Members: Authentication is handled differently among HathiTrust's system members.

In some cases, authentication is handled at the campus level allowing us to distinguish the institutional affiliation of different users and thus take action when one campus library is closed but others are not.

For example, a student at the University of California, Irvine can be distinguished from one at the University of California, Santa Barbara.

A small number of members use a system-wide authentication method, in which all users are identified only as affiliates of the system, not as employees or students of a specific school in the system.

If not all campuses in the system qualify for ETAS, before activating ETAS for these members, HathiTrust will review how access to the collection is being handled at the multiple campuses and evaluate whether ETAS services can be provided to the system within the limits of the policy.

Qualifying works

These works do not qualify for access under this policy:

Materials in HathiTrust that are normally marked "Limited View" (in-copyright and copyright-undetermined works) where HathiTrust cannot establish a match between the library's print collection and the HathiTrust Digital Library.

Works that have been closed to access by anyone under HathiTrust's privacy policy.

University System Members: In university systems, collections are treated as a general asset of the entire system and all library users are entitled to access them. Our matching analysis is thus conducted for all items held by the system regardless of the item's home location. If a university or college in the system meets the conditions required for ETAS, then its users will qualify for access to those materials owned by the system that they would ordinarily be able to access.

Access Methods and Restrictions

Online reading access will be provided.

Users will have the option to display 2 pages, or thumbnail views of many pages, to assist them in navigating the book and find relevant pages, but will not have the option to download.

The number of concurrent users accessing a work is tied to the number of copies a library holds, e.g., 1 locally-held copy at an institution will allow only 1 user to access the digital work in HathiTrust for the checkout period, and 3 copies will permit 3 users.

These limits are enforced at the institutional level, e.g., there can be multiple concurrent users of the same item if they are affiliated with different qualifying institutions that also hold the work.

HathiTrust may reduce the number of concurrent users across an institution or across all members if necessary to support quality of service.

In some cases HathiTrust may not be able to establish exact or complete matches to items held, and access to those items will be impacted accordingly. This may be due to the quality, completeness or degree of standardization of the metadata available to HathiTrust and can be remediated over time by the institution(s) providing the metadata. User experience needs will be considered in setting the duration of a user's access. However, the length of time that a user maintains exclusive access for a work will not be unlimited and will expire when the user ceases active use of the work. The duration of access will be set to ensure that a work can be made available to other readers within a reasonable time, and to ensure that the access does not serve as a substitute for a copy that would otherwise be purchased.

The duration of access will be consistent and uniform across all items and for all users. It cannot be customized to specific titles, classes of works, members, or classes of users.

Terms of Service and Responsibilities

Emergency Temporary Access Services (ETAS) are governed by terms previously agreed to in the HathiTrust Supporting Institution Agreement .

ETAS is offered according to the policy, guidelines, and requirements described above.

ETAS is provided at HathiTrust's sole discretion, and HathiTrust may choose to not offer or to end the service at any time for any reason. In such a case HathiTrust will contact the library's representatives as soon as possible to inform them of the decision and discuss whether it can be reversed.

ETAS will be provided as-is, and cannot be modified or customized to requests by specific libraries or end users.

HathiTrust

HathiTrust will continually evaluate the service and may choose to expand, contract, or make improvements as resources allow.

HathiTrust will make reasonable efforts to provide technical support and respond to questions from users. However, responsiveness may vary with volume of inquiries and demand for the service.

Member Library

The library will identify a point of contact to assist HathiTrust in implementation, troubleshooting, and user support. This person will also be responsible for engaging others in their library or local IT units to assist.

The library will provide information and data to HathiTrust about how the emergency is affecting operations and access to collections, the expected duration of the disruption, and other details that allow HathiTrust to confirm eligibility.

Once ETAS is activated, to respect the fair use basis for the provision of the items via ETAS, the library must avoid lending print items when a digital copy is available to its students, faculty, and staff via ETAS. Other titles in HathiTrust are not affected by this restriction.

Before the library resumes collections access, it will contact HathiTrust about the nature of the resumption, the timing, and any special circumstances relating to its plans.

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V4 January 12, 2021 In developing and providing these services, HathiTrust has conducted its own analysis of public policy and copyright law. Our goal in providing this service is to help a library carry out its mission to support teaching and research during an unusual and extraordinary set of circumstances that are expected to be temporary.

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Background: How to digitise a book in the Internet Archive February 2021

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Background: How to digitise a book in the Internet Archive February 2021

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At the Internet Archive, this is how we digitize a book. 

We never destroy a book by cutting off its binding.
Instead, we digitize it the hard way--one page at a time.

#digitalbooks

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At the Internet Archive, this is how we digitize a book. 

We never destroy a book by cutting off its binding.
Instead, we digitize it the hard way--one page at a time.

#digitalbooks https://t.co/ZqPw3w41I5

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At the Internet Archive, this is how we digitize a book.

We never destroy a book by cutting off its binding.
Instead, we digitize it the hard way--one page at a time.#digitalbooks pic.twitter.com/ZqPw3w41I5
— Internet Archive (@internetarchive) February 6, 2021

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At the Internet Archive, this is how we digitize a book. 

We never destroy a book by cutting off its binding.
Instead, we digitize it the hard way--one page at a time.

#digitalbooks https://t.co/ZqPw3w41I5

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At the Internet Archive, this is how we digitize a book. 

We never destroy a book by cutting off its binding.
Instead, we digitize it the hard way--one page at a time.

#digitalbooks https://t.co/ZqPw3w41I5

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At the Internet Archive, this is how we digitize a book. 

We never destroy a book by cutting off its binding.
Instead, we digitize it the hard way--one page at a time.

#digitalbooks

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IFLA Repository: IFLA Statement on Controlled Digital Lending

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Controlled Digital Lending (CDL) has become widely talked about over the last two years, and in particular in the context of the COVID-19 pandemic. While the specific term has only relatively recently come to be used, forms of controlled lending have been utilised for many years, for example in the context of document supply.

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August 2nd 2021 Tweet by PHD student Robin Duff

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August 2nd 2021 Tweet by PHD student Robin Duff

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Don’t it always seem to go, that you don’t know what you’ve got til the ⚠️COVID-19 EMERGENCY TEMPORARY ACCESS SERVICE⚠️ expires? 😔

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Don’t it always seem to go, that you don’t know what you’ve got til the ⚠️COVID-19 EMERGENCY TEMPORARY ACCESS SERVICE⚠️ expires? 😔 https://t.co/UC7zGdWu5O

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Don’t it always seem to go, that you don’t know what you’ve got til the ⚠️COVID-19 EMERGENCY TEMPORARY ACCESS SERVICE⚠️ expires? 😔 pic.twitter.com/UC7zGdWu5O
— Robin (@RobsDuff) August 2, 2021

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Don’t it always seem to go, that you don’t know what you’ve got til the ⚠️COVID-19 EMERGENCY TEMPORARY ACCESS SERVICE⚠️ expires? 😔 https://t.co/UC7zGdWu5O

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Don’t it always seem to go, that you don’t know what you’ve got til the ⚠️COVID-19 EMERGENCY TEMPORARY ACCESS SERVICE⚠️ expires? 😔 https://t.co/UC7zGdWu5O

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Don’t it always seem to go, that you don’t know what you’ve got til the ⚠️COVID-19 EMERGENCY TEMPORARY ACCESS SERVICE⚠️ expires? 😔

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Library Lending Fit for the 21st Century? Controlled Digital Lending in the UK - Research Libraries UK

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Recently, an online event was held to discuss the current status and prospects for Controlled Digital Lending (CDL) in the UK. The event was hosted by Chris Morrison and Jane Secker and jointly run by the National Acquisitions Group and ALT Copyright and Online Learning SIG.

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In honor of Open Access Week, and particularly this year's theme of structural equity, we wanted to highlight a project from the Internet Archive that is doing extraordinary work promoting access to knowledge. The bad news: that project is also under legal threat. The good news: the Archive, with help from EFF and Durie Tangri, is fighting back.

The Archive is a nonprofit digital library that has had one guiding mission for almost 25 years: to provide universal access to all knowledge. Democratizing access to books is a central part of that mission. That's why the Archive has been working with other libraries for almost a decade to digitize and lend books via Controlled Digital Lending (CDL).

This service has been especially crucial during the pandemic, but will be needed long afterwards.

CDL allows people to check out digital copies of books for two weeks or less, and only permits patrons to check out as many digital copies as the Archive and its partner libraries physically own. Lending happens on an "own to loan" basis-if a digital copy is checked out to a patron, the physical copy is unavailable to other patrons as well. CDL does use DRM to enforce that limited access, but it is still true that anyone with an Internet connection can read digital versions of the great works of human history.

This service has been especially crucial during the pandemic, but will be needed long afterwards. Many families cannot afford to buy all the books they and their kids want or need to access, and look to libraries to fill the gap. Researchers may locate books they need, but discover they are out of print. Others simply want access to knowledge. And all of these people may not be able to visit the physical library that houses the works they need. CDL helps to solve that problem, creating a lifeline to trusted information. It also fosters research and learning by keeping books in circulation when their publishers are unable or unwilling to do so.

But four giant publishers want to shut that service down. Last year, Hachette, HarperCollins, Wiley, and Penguin Random House sued the Archive, alleging that CDL has cost their companies millions of dollars and is a threat to their businesses. They are wrong. Libraries have paid publishers billions of dollars for the books in their print collections. They are investing enormous resources in digitization in order to preserve those texts. CDL simply helps libraries ensure the public can make full use of the books that libraries have already bought and paid for. Digitizing enables the preservation of physical books, increasing the likelihood that the books a library owns can be used by patrons. Digitizing and offering books online for borrowing unlocks them for communities with limited or no access.

Readers in the internet age need a comprehensive library that meets them where they are.

The Archive and the hundreds of libraries and archives that support it are not thieves. They are librarians, striving to serve their patrons online just as they have done for centuries in the brick-and-mortar world. Governments around the world have recognized the importance of that mission and enacted a host of rules to ensure that copyright law does not impede it. It's a shame that these publishers would rather spend money on lawyers than on fostering and improving access to books. What is worse, the publishers want the Archive to defend CDL with one arm tied behind its back. They've claimed CDL hurts their bottom line, but are doing their level best to limit investigation into that supposed harm. For example, the publishers spoke often about CDL with a powerful industry trade association, which presumably included discussions of any such harm, but they are refusing to share those communications based on claims of privilege that just don't pass the smell test. Meanwhile, members of Congress recently launched an investigation into e-book licensing practices that may shed light on the digital book ecosystem, and the onerous restrictions that impede libraries' ability to serve their patrons.

Within that context, the Archive has made careful efforts to ensure its uses are lawful. The CDL program is sheltered by copyright's fair use doctrine, buttressed by traditional library protections. Specifically, the project serves the public interest in preservation, access, and research-all classic fair use purposes. Every book in the collection has already been published and most are out of print. Patrons can borrow and read entire volumes, to be sure, but that is what it means to check a book out from a library. As for its effect on the market for the works in question, the books have already been bought and paid for by the libraries that own them or, in some instances, individuals who donate them. The public derives tremendous benefit from the program, and rightsholders will gain nothing if the public is deprived of this resource.

Readers in the internet age need a comprehensive library that meets them where they are-an online space that welcomes everyone to use its resources, while respecting readers' privacy and dignity. EFF is proud to represent the Archive in this important fight.
EFF is proud to celebrate Open Access Week.

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The Internet Archive Transforms Access to Books in a Digital World

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In honor of Open Access Week, and particularly this year's theme of structural equity, we wanted to highlight a project from the Internet Archive that is doing extraordinary work promoting access to knowledge. The bad news: that project is also under legal threat. The good news: the Archive, with...

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Editor's Note: Today's post is by Nathan Mealey, Michael Rodriguez, and Charlie Barlow. Nathan is Associate University Librarian for Discovery & Access at Wesleyan University. Michael is Collections Strategist at the University of Connecticut Library. Charlie is the Executive Director of the Boston Library Consortium. Nathan and Michael co-chaired the Boston Library Consortium's Controlled Digital Lending Working Group in 2020-21.
Controlled Digital Lending (CDL) enables libraries to lend the digitized version of a print copy of a work under controlled conditions, such that simultaneous circulation is limited to the number of legally acquired copies of the work. CDL as a mechanism for interlibrary loan (ILL) is a logical extension of libraries' resource sharing practices, aligning with the sharing of print books that libraries have engaged in for decades. CDL offers transformative opportunities to patrons and libraries, offering greater choice in how to share and use materials (in digital or physical format), and the ability to facilitate access to collections that libraries would otherwise be unable to lend physically.

Versions of CDL have been implemented by the Internet Archive and arguably by HathiTrust, but it has been slow to manifest more widely. Nearly two years after the onset of the COVID-19 pandemic, and more than three years since the release of the " White Paper on Controlled Digital Lending of Library Books", CDL remains an idea whose potential is largely unrealized. Libraries have invested significant time and energy in exploring CDL and developing ad hoc local solutions, but find themselves only slightly further along than they were three years ago, constrained above all by the limitations of vended technology solutions.

Explorations of CDL have exposed serious flaws in the library technology market that hinder ingenuity and innovation. Instead of showing the market's ability to rise to challenges and build solutions to meet emerging needs, CDL reveals that the market largely lacks this capability, especially when it comes to developing technology solutions attainable for most libraries.

To chart a path forward for CDL and to fulfill libraries' technology needs more broadly, library consortia must step up and collaborate differently to deliver a new approach to library technology. This approach must depend less on vendors and more on library consortia, ensure the sustainability and scalability of open source solutions, and prioritize libraries' goals and needs for the end product. The Boston Library Consortium is enacting this vision for consortial leadership as it pursues consortial CDL at scale in partnership with Project ReShare.

State of the technology market

Copyright concerns, resource limitations, and other factors have contributed to the hindrance of libraries' and consortias' efforts to implement CDL, but the principle limiting factor has been technology. While individual institutions have built ad hoc solutions to meet their own CDL use cases (chiefly course reserves), there has been little progress on the development of technologies that would enable libraries to implement CDL efficiently at scale. What's more, the prospects for a solution within reach of any library that wants to implement CDL are uncertain. The problem lies in the troubling state of the library technology market, especially consolidation and complacence among vendors and the mixed track record of library-led open source software initiatives.

Consolidation and complacence

While vendor mergers and acquisitions can offer benefits to customers and end users, rampant consolidation in the library technology market has undermined libraries' long-term interests. The number of vendors providing technology solutions (such as library services platforms, resource sharing platforms, etc.) has dwindled to the point where sometimes only one vendor is providing a viable solution. In other cases, alternative products exist but have been under-resourced and under-developed as vendors became complacent, resting on their incumbent status. Consolidation has also reduced the viability of some of these alternatives, as product development in a consolidated environment is likely to focus on one solution over others.

Due to this mixture of consolidation and complacence, libraries and their technology vendors are increasingly out of sync. This disconnect is demonstrated by premature launches of poorly designed and under-adopted solutions such as OCLC's Tipasa, pricing expectations that are out of touch with libraries' financial realities and unreflective of real-world usage, and foot-dragging by vendors in pursuing development directions that are important to customers. Vendors and libraries increasingly operate from a place of incompatible expectations.

In the case of resource sharing, the situation is particularly challenging as a result of Ex Libris's purchase of the RapidILL solution in 2019. Built and run by Colorado State University Libraries for 20 years, RapidILL has become a cornerstone of resource sharing for more than 500 libraries globally, ensuring cost-effective, quick, and reliable interlibrary lending and borrowing. The solution is affordable and interoperable with ILLiad and other resource sharing solutions.

Yet RapidILL's future is far from clear. There are growing concerns in the library community that Ex Libris's Rapido product (a competitor to ILLiad) will gradually subsume RapidILL, risking a situation in which access to RapidILL requires subscribing to Rapido (and possibly even Alma, Ex Libris's library services platform). Such an eventuality would be a severe blow for libraries that select other resource sharing solutions, due to either cost constraints or functionality preferences. Furthermore, should Ex Libris abandon the ISO-18626 interoperability standard for ILL transactions (and the future NISO controlled digital lending standard) when developing both RapidILL and Rapido, the result would be a closed system in which only Rapido customers were able to leverage RapidILL for resource sharing. This would not only significantly constrain the reach and effectiveness of ILL services across the library sector, but would also severely limit the impact of CDL.

This troubling prospect, over which libraries have limited control, is a direct outcome of the shape the library technology market has taken, and the power it apportions to vendors.

Open source library initiatives

It is easy to blame vendors for the state of library technology, but libraries bear a measure of responsibility as well. For starters, libraries have too readily left the fate of their technological infrastructure in the hands of vendors without taking stronger, more assertive stands for the outcomes they need. Ex Libris acquired RapidILL much as Elsevier acquired Bepress - without sustained pushback from the library community or library-led efforts to create truly viable alternatives. Instead of wielding their spending power to influence vendors, libraries routinely pay vast sums to vendors they are unhappy with, or for solutions that fall short of meeting their needs. Libraries need to demand better from vendors and shift their spending to vendors who meet their expectations.

In parallel, the library community has not yet succeeded in establishing sustainable and scalable models for developing its own solutions. Ranging from integrated library systems such as Koha to repositories such as Islandora, open source systems have taken firm hold in libraries over the past twenty years. In addition, a number of vendors now offer hosting solutions for open source tools that libraries can take advantage of.

However, this prevalence has not led to a suite of open source solutions that effectively scale to all libraries to meet their diverse needs. For example, Islandora's ability to support scholarly production is limited, while Koha is largely suitable for smaller libraries. There are many reasons for the uneven success of open source software in libraries, but suffice to say that opportunities presented by open source software have not been embraced to the extent needed for scalability and sustainability. While emerging solutions such as FOLIO have gained ground in research libraries through vendor-community partnerships, the forward momentum for such initiatives is too slow and piecemeal to provide a promising beacon for the library community as a whole.

The technology market's impact on CDL

The failures of the library technology market spring into sharpest relief when it comes to CDL. Since the publication of the CDL white paper in 2018, libraries' enthusiasm for CDL has greatly outpaced the development of solutions to support it. While CDL aligns logically with libraries' current resource sharing practices, existing library solutions are not designed to support it. The distinctive functional requirements for CDL (e.g., facilitation of the requesting and supplying of returnable digital loans and applying of appropriate digital rights management to loans) are not offered in existing resource sharing solutions such as ILLiad and Rapido. This functionality gap, coupled with the demand shown by libraries and their patrons throughout the COVID-19 pandemic, ought to have galvanized players in the library technology market to develop solutions to support CDL at scale. So far, this has not happened.

Instead, both leading resource sharing vendors, OCLC and ProQuest's Ex Libris, have been slow to respond. So far, OCLC has not engaged in the CDL space or incorporated CDL into the roadmap for WorldShare, ILLiad, Tipasa, or its other resource sharing solutions. Ex Libris has engaged in conversations with libraries about CDL, but only recently took any concrete steps - and those they have taken have largely focused on narrow use cases and existing customers, as opposed to the vendor-agnostic interoperable systems approach that is foundational to resource sharing networks. The reasons for hesitation vary by vendor but may boil down to hesitation to commit development resources where they are unsure of immediate large-scale adoption and profitability of their products.

This hesitancy on the part of vendors has left individual libraries to scramble to fill the vacuum, creating ad hoc CDL solutions to meet their immediate institutional needs. While effective in meeting short-term needs, these solutions were able to support only local, intra-library lending and were incapable of scaling to the library community at large or enabling CDL for ILL.

A path forward for CDL

Against this backdrop, the Boston Library Consortium's (BLC's) Controlled Digital Lending Working Group spent the better part of the past year determining how best to move the consortium forward with CDL. From the outset, the Working Group's vision was focused on the potential for implementing CDL consortially, weaving CDL as a mechanism for ILL into existing resource sharing workflows, believing that it aligned with the consortium's broader vision for its collective collection, and that as a service it would prove most effective when implemented at this scale. But with no CDL for ILL technologies available, and vendor roadmaps not aligning with the consortium's vision, the BLC sought to expand the range of available alternatives.

A path forward began to take shape during discussions with Project ReShare, a library-led effort to build a community-controlled alternative to OCLC and Ex Libris resource sharing products. At the time, Project ReShare was in the midst of launching PALCI and ConnectNY as its first consortial implementations and had created an initial roadmap for CDL. The BLC approached ReShare with a set of functional requirements for consortial CDL and a dialogue ensued, with a shared vision emerging for a partnership between the BLC, other engaged consortia, and Project ReShare to work together to develop the technology to support consortial CDL.

Shared vision elements

Two elements of this shared vision stood out to the BLC's planning team: (1) that the BLC's vision for CDL could serve as a blueprint for other consortia, and (2) it offered an opportunity to sustain Project ReShare as a library-led technology cooperative for the long term. These two elements would maximize the BLC's impact, transforming resource sharing for member libraries while empowering other libraries and consortia to implement CDL sustainably at scale.

The BLC's path toward consortial CDL readily scales to a wide range of libraries as a result of the consortium's technology structure, wherein member libraries select their own core technologies, and rely on interoperability to collaborate. This stands in contrast to consortia such as the Orbis Cascade Alliance, who rely on shared library services platforms and other shared technologies as a foundation for their collaborations. While constraining in some respects, diverse systems are a strength in the current CDL technology market. The BLC requires a CDL solution wherein the system components will be interoperable and vendor-agnostic, so that all its member libraries can take part. The BLC's core principle of interoperability between platforms means that a CDL solution that works for the BLC will also work well for any other library or consortia. Interoperability means that CDL can become a vendor-agnostic and platform-agnostic service that can be implemented by any library, irrespective of the technology platform they use for resource sharing.

The existing resource sharing network(s) already relies on interoperable systems. Different platforms may facilitate resource sharing in different ways, with each offering unique functionality to enhance workflows or user experiences. But at their core, they all offer libraries the same thing: the ability to share resources (print and digital) with other libraries. The BLC's vision (reinforced by the recently published statement on CDL as a mechanism for interlibrary loan) is for CDL to be woven into this interoperability environment, where libraries will not need to implement a specific platform to engage in CDL.

The second element of the BLC's vision is to contribute to the long-term sustainability of Project ReShare as a library-led cooperative and solution. The BLC is becoming a member of ReShare and making a substantial financial commitment beyond the member fee. As the BLC engaged with vendors and other consortia to map the CDL technology landscape, it became abundantly clear that facilitating the long-term viability of a community-driven resource sharing platform for CDL was critical and required a model that differed from past community efforts. The question became: how can the BLC provide the blueprint and the leadership to effect the envisioned change, when the track record for community-based open-source solutions is mixed?

Crucial role of consortia

The pathway toward sustainability is through the scale that consortia represent. Development of consortial CDL functionalities and interoperability will enable consortia of all stripes to rapidly adopt ReShare as their platform for CDL. Each consortium that joins ReShare brings on board many libraries all at once. Instead of steadily accruing library partners one at a time a la FOLIO, the focus on consortial CDL will facilitate accruing library partners at a much faster clip, growing the base of library partners exponentially faster than would otherwise be feasible. Rapid growth will strengthen ReShare's financial stability and library-led governance model, expanding the community impacted by and invested in the platform and the model it embodies. Collaborating, consortia can position libraries to repair the market and create solutions that not only meet libraries' needs but also align with their values and recognize their resource constraints.

Conclusion

Library-led technology development, built around the scale of consortia, offers a means for libraries to take back some measure of ownership of their core technologies and fix the technology market. A community-owned, fully functional platform, which supports both traditional resource sharing and new models such as CDL, can motivate vendors to partner more meaningfully with libraries to improve commercial solutions. This is a significant corrective against the pitfalls of a market dominated by a handful of powerful vendors. Such a market fails to innovate or respond agilely to the changing needs of libraries and their patrons. Library-led technology platforms will help ensure that libraries' needs, and by extension their patrons' needs, lie at the heart of library technology development.

Moving forward, the BLC will partner with other library consortia and Project ReShare to create the consortial CDL solution for which so many libraries are waiting. This consortial model will enable libraries to implement CDL at scale and help sustain ReShare as a community and as a resource sharing solution. Over the long term, this model can extend into other areas of library technology that suffer from similar market failures, building a better library technology market. If successful, this consortial model should inspire greater efforts to reshape the library technology marketplace to meet library and patron needs more innovatively, effectively, and equitably.

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Guest Post - The Library Technology Market's Failure to Support Controlled Digital Lending - The Scholarly Kitchen

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Editor's Note: Today's post is by Nathan Mealey, Michael Rodriguez, and Charlie Barlow. Nathan is Associate University Librarian for Discovery & Access at Wesleyan University. Michael is Collections Strategist at the University of Connecticut Library. Charlie is the Executive Director of the Boston Library Consortium.

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November 23rd 2021 Twitter thread by Copyright Librarian Nancy Sims

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November 23rd 2021 Twitter thread by Copyright Librarian Nancy Sims

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OK, controlled digital lending: Not as new as people think, and not as simple as often presented.
Credit to @Gerri_Librarian for taking the lead on our joint Mn Lib Assoc 2020 presentation on CDL. That influenced this, a broad overview of my thoughts as of late 2021.
(1/?)

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OK, controlled digital lending: Not as new as people think, and not as simple as often presented.
Credit to @Gerri_Librarian for taking the lead on our joint Mn Lib Assoc 2020 presentation on CDL. That influenced this, a broad overview of my thoughts as of late 2021.
(1/?)

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OK, controlled digital lending: Not as new as people think, and not as simple as often presented.
Credit to @Gerri_Librarian for taking the lead on our joint Mn Lib Assoc 2020 presentation on CDL. That influenced this, a broad overview of my thoughts as of late 2021.
(1/?)
— Nancy Sims (@CopyrightLibn) November 23, 2021

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OK, controlled digital lending: Not as new as people think, and not as simple as often presented.
Credit to @Gerri_Librarian for taking the lead on our joint Mn Lib Assoc 2020 presentation on CDL. That influenced this, a broad overview of my thoughts as of late 2021.
(1/?)

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OK, controlled digital lending: Not as new as people think, and not as simple as often presented.
Credit to @Gerri_Librarian for taking the lead on our joint Mn Lib Assoc 2020 presentation on CDL. That influenced this, a broad overview of my thoughts as of late 2021.
(1/?)

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OK, controlled digital lending: Not as new as people think, and not as simple as often presented.
Credit to @Gerri_Librarian for taking the lead on our joint Mn Lib Assoc 2020 presentation on CDL. That influenced this, a broad overview of my thoughts as of late 2021.
(1/?)

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December 2nd 2021 Tweet by PHD student Peter Binkley

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December 2nd 2021 Tweet by PHD student Peter Binkley

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Damn, I missed some things I should have looked at while we had Hathi Trust's Emergency Temporary Access Service. Could we bring back full lockdown, just for a couple of days?

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Hathi Trust's Emergency Temporary Access Service

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Damn, I missed some things I should have looked at while we had Hathi Trust's Emergency Temporary Access Service. Could we bring back full lockdown, just for a couple of days?

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Damn, I missed some things I should have looked at while we had Hathi Trust's Emergency Temporary Access Service. Could we bring back full lockdown, just for a couple of days?
— Peter Binkley (@pabinkley) December 2, 2021

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Hathi Trust's Emergency Temporary Access Service

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Damn, I missed some things I should have looked at while we had Hathi Trust's Emergency Temporary Access Service. Could we bring back full lockdown, just for a couple of days?

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Damn, I missed some things I should have looked at while we had Hathi Trust's Emergency Temporary Access Service. Could we bring back full lockdown, just for a couple of days?

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Damn, I missed some things I should have looked at while we had Hathi Trust's Emergency Temporary Access Service. Could we bring back full lockdown, just for a couple of days?

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Hathi Trust's Emergency Temporary Access Service

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CNI: Coalition for Networked Information

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Collaboratively Building the Future for Controlled Digital Lending

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Last fall, we invited our patrons to share how you use the Internet Archive. The response was overwhelming, and gave us exactly the kinds of testimonials and messages of support we were hoping to gather.

As we worked through the responses, we were struck by the number of patrons from all over the world who use our collection. Here now, we'd like to share some of the powerful stories we received from our international users.

If you haven't already done so, please share your story.
Editorial note: Statements have been edited for clarity.
Lisa M., Educator, England - "Internet Archive helped me help a student! I have students in one class that attend from around the globe. One student was unable to find the required texts and our university did not have digital copies that could be lent. If she were to order the book - not carried in any local stores - it could take up to 3 months for them to arrive, long after the course was over!"

Claudia G., Researcher, Romania - "Even before the pandemic, depending on the topic of my essay and thesis, it was difficult to find books on certain topics in local libraries or bookstores...Access to knowledge shouldn't be for the rich and privileged."

Ana S., Communications assistant, Brazil - "I borrowed a book about Stephen Sondheim. Sondheim's story and body of work is definitely an inspiration for me as someone always trying to learn ways to exercise my creativity. I just wanted to browse one section, and it was really amazing. I'm really thankful you had it available, for anyone in the world, and the borrowing process was really easy to follow through."

Mike D., Librarian, New Zealand - "I'm a Digital Librarian in a public library in the small town of Hokitika, New Zealand, whose job is making local history more accessible to the community - many of the New Zealand history works in our public library collection are rare or reference-only. It turns out many works of New Zealand history have been digitised by the Internet Archive from US collections"

Callum H., Yard operative, Scotland - "As a non-academic with interests in literature, history, and philosophy, the IA gives me access to books I can't otherwise afford or access."

Yuri L., Educator, Brazil - "I spent months of 2020 bed-ridden, and was able to view items from your digitized collection. I would not have been able to go to any physical place for my books, and the titles I was looking for were sometimes available only on the Internet Archive. There are no other means for me, in my part of South America, to have access to limited-circulation ancient newspapers of other continents without digitizing and digital libraries. Without the Internet Archive and other libraries like it, I would have no alternatives."

Simay K., Researcher, Turkey - "Living in a developing country with so many political and economic turmoils, I believe that the Internet Archive provides a huge service and a unique platform for dissolving the injustice and inequality of [access] to knowledge between disadvantaged countries and classes."

Lydia S., Student, Canada - "I've used materials from the Internet Archive many times throughout my time as an undergrad studying history...There are many primary and secondary sources on the IA that I was unable to find anywhere else online or in physical copies through my university's library. Many of the books I've accessed through the IA have been out of print for many years, so it's incredibly helpful to have [access] to titles that would otherwise be nearly impossible to track down."

Kim C., Librarian, Canada - "I use the materials on the Internet Archive often on a personal and a professional level. I have been able to help patrons access books that we have not been able to procure for them in other ways, for reference material for every school level from primary to masters degree research. I have used the collection on many occasions to access local history or genealogical material unavailable elsewhere."

Richard G., Poet, Canada - Richard used books within the Internet Archive's library, "to reference other author's prose and poetry for quotations and references."

Chloe J., Student, Canada - "It has given me access to material that I would not otherwise have access to."

Shehroze A., Educator, Pakistan - "I am surprised that books pertaining to learning the Urdu language are available on archive.org, and those which were used for preparation in the civil services. These books are just not available in the country anymore and are immeasurably useful as far as the history of the colonized area is concerned. These are not published anymore, and finding a copy is exceedingly rare. This is why archive.org is important and we should endorse and support it."

Stephen C., Graduate student, Canada - "The Internet Archive has been an invaluable resource for a research project I am involved in. We have been able to access numerous historical travel narratives that are essential for our project. We have been able to view books that we could not access in archives due to travel restrictions and lending policies during the pandemic."

Simon H., Printing press operator, Switzerland - "I often find interest in old and niche books, sometimes from parts of the world far away from me. In those cases, I have two options for accessing such a book:
1. I order a physical copy of the work and let it ship to my home. That is incredibly expensive, harmful to the environment and occasionally damaging to an old and fragile book, conserved for such a long time with care and passion.
2. I'm lucky enough to find a digital reproduction of a work, which can be accessed for free and "shipped" eco-friendly through wires and antennas.
The difference between those two possibilities is so pronounced, that the latter almost seems like an utopian fairy tale. But it is not! It is 21st century's technology at work."

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International patrons speak out: "Access to knowledge shouldn't be for the rich and privileged." - Internet Archive Blogs

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Last fall, we invited our patrons to share how you use the Internet Archive. The response was overwhelming, and gave us exactly the kinds of testimonials and messages of support we were hoping to gather. As we worked through the responses, we were struck by the number of patrons from all over the world who [...]

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January 18th 2022 (Still image as a since deleted tweet by Maria Bustillo).

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January 18th 2022 (Still image as a since deleted tweet by Maria Bustillo).

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January 18th 2022 Neil Turkewitz responds to tweet by Bustillos 

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January 18th 2022 Neil Turkewitz responds to tweet by Bustillos 

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@mariabustillos @AuthorsGuild @JosieBrownCA @TJStiles_Author @jkdegen They are authors that rely on licensing income to pay rent, and health care. To send their children to school. Etc. It's not that complicated. And certainly not conspiratorial. If we love books, it is our responsibility to sustain authors.

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@mariabustillos @AuthorsGuild @JosieBrownCA @TJStiles_Author @jkdegen They are authors that rely on licensing income to pay rent, and health care. To send their children to school. Etc. It's not that complicated. And certainly not conspiratorial. If we love books, it is our responsibility to sustain authors.

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They are authors that rely on licensing income to pay rent, and health care. To send their children to school. Etc. It's not that complicated. And certainly not conspiratorial. If we love books, it is our responsibility to sustain authors.
— neil turkewitz (@neilturkewitz) January 18, 2022

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@mariabustillos @AuthorsGuild @JosieBrownCA @TJStiles_Author @jkdegen They are authors that rely on licensing income to pay rent, and health care. To send their children to school. Etc. It's not that complicated. And certainly not conspiratorial. If we love books, it is our responsibility to sustain authors.

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@mariabustillos @AuthorsGuild @JosieBrownCA @TJStiles_Author @jkdegen They are authors that rely on licensing income to pay rent, and health care. To send their children to school. Etc. It's not that complicated. And certainly not conspiratorial. If we love books, it is our responsibility to sustain authors.

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@mariabustillos @AuthorsGuild @JosieBrownCA @TJStiles_Author @jkdegen They are authors that rely on licensing income to pay rent, and health care. To send their children to school. Etc. It's not that complicated. And certainly not conspiratorial. If we love books, it is our responsibility to sustain authors.

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January 18th - February 7th 2022 Scroll to review Twitter thread responses from author T.J. Stiles, Author/journalist Edward Hasbrouck and libertarian blogger Felix Ling 

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January 18th - February 7th 2022 Scroll to review Twitter thread responses from author T.J. Stiles, Author/journalist Edward Hasbrouck and libertarian blogger Felix Ling 

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@perfctlyGoodInk @neilturkewitz @TJStiles_Author @jkdegen @mariabustillos @matthewstoller @AuthorsGuild @JosieBrownCA As for fair use, compare what we say in our FAQ (endorsed by organizations of hundreds of thousands of authors around the world) https://t.co/y5YImA6cXc with what Internet Archives' lawyers  say. We would welcome opportunity for debate or dialogue.

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FAQ on Controlled Digital Lending (CDL) | NWU

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@perfctlyGoodInk @neilturkewitz @TJStiles_Author @jkdegen @mariabustillos @matthewstoller @AuthorsGuild @JosieBrownCA As for fair use, compare what we say in our FAQ (endorsed by organizations of hundreds of thousands of authors around the world) https://t.co/y5YImA6cXc with what Internet Archives' lawyers  say. We would welcome opportunity for debate or dialogue.

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@perfctlyGoodInk @neilturkewitz @TJStiles_Author @jkdegen @mariabustillos @matthewstoller @AuthorsGuild @JosieBrownCA We provided full demo with screenshots so you can verify our sources or try it and see for yourself. Internet Archive and its employees have a vested interest in not being found to have engaged in copyright infringement, so I'm not sure why you would see them as more reliable.

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As for fair use, compare what we say in our FAQ (endorsed by organizations of hundreds of thousands of authors around the world) https://t.co/y5YImA6cXc with what Internet Archives' lawyers say. We would welcome opportunity for debate or dialogue.
— Edward Hasbrouck (@ehasbrouck) February 7, 2022

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FAQ on Controlled Digital Lending (CDL) | NWU

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@perfctlyGoodInk @neilturkewitz @TJStiles_Author @jkdegen @mariabustillos @matthewstoller @AuthorsGuild @JosieBrownCA As for fair use, compare what we say in our FAQ (endorsed by organizations of hundreds of thousands of authors around the world) https://t.co/y5YImA6cXc with what Internet Archives' lawyers  say. We would welcome opportunity for debate or dialogue.

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@perfctlyGoodInk @neilturkewitz @TJStiles_Author @jkdegen @mariabustillos @matthewstoller @AuthorsGuild @JosieBrownCA We provided full demo with screenshots so you can verify our sources or try it and see for yourself. Internet Archive and its employees have a vested interest in not being found to have engaged in copyright infringement, so I'm not sure why you would see them as more reliable.

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@perfctlyGoodInk @neilturkewitz @TJStiles_Author @jkdegen @mariabustillos @matthewstoller @AuthorsGuild @JosieBrownCA As for fair use, compare what we say in our FAQ (endorsed by organizations of hundreds of thousands of authors around the world) https://t.co/y5YImA6cXc with what Internet Archives' lawyers  say. We would welcome opportunity for debate or dialogue.

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@perfctlyGoodInk @neilturkewitz @TJStiles_Author @jkdegen @mariabustillos @matthewstoller @AuthorsGuild @JosieBrownCA As for fair use, compare what we say in our FAQ (endorsed by organizations of hundreds of thousands of authors around the world) https://t.co/y5YImA6cXc with what Internet Archives' lawyers  say. We would welcome opportunity for debate or dialogue.

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FAQ on Controlled Digital Lending (CDL) | NWU

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@perfctlyGoodInk @neilturkewitz @TJStiles_Author @jkdegen @mariabustillos @matthewstoller @AuthorsGuild @JosieBrownCA We provided full demo with screenshots so you can verify our sources or try it and see for yourself. Internet Archive and its employees have a vested interest in not being found to have engaged in copyright infringement, so I'm not sure why you would see them as more reliable.

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January 22nd 2022 Maria Bustillo responds to Twitter debate with a blog post 

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January 22nd 2022 Maria Bustillo responds to Twitter debate with a blog post 

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What Kind of Writer Accuses Libraries of Stealing?

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a wrangle on the topic of Controlled Digital Lending

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February 1st 2022 Library Association of Ireland 

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February 1st 2022 Library Association of Ireland 

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Ebooks crisis sees costs and restrictions rise – Library Association Of Ireland

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Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

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February 1st 2022 Blog by David Newhoff (in response to Maria Bustillo tweets) 

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February 1st 2022 Blog by David Newhoff (in response to Maria Bustillo tweets) 

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Naturally, I join the outrage directed at any school board that would presume to ban a book-let alone because they don't want students to confront the traumas of history-but I am almost as offended by the self-proclaimed defenders of culture in the anti-copyright crowd. How dare the McMinn County Board of Education ban Maus? But at the same time, how dare anyone write this?

Really? The survival of culture depends on libraries owning ebooks?

Yes, the tweet was posted by the same Maria Bustillos who inspired my last post about the library associations' anti-copyright agenda, and I certainly do not mean to pick on her alone. On the contrary, I wouldn't bother with that tweet if its fallacies were not endemic among organizations with the power to lobby legislatures. It is a sentiment within a hubristic narrative which asserts that, if not for copyright getting in the way, digital repositories like libraries would keep culture burning like a flame amid the forces of darkness. More specifically, Bustillos et al ask us to believe that libraries owning, rather than licensing, ebooks would serve as a hedge against censorship. But how?

If the Tennessee school board, and other officials who behave likewise, are indeed riding a wave of illiteracy toward authoritarianism, it is certain that those forces will not leave the libraries intact either. Moreover, if that is where we are headed as a nation (and there days we all wonder), forget the ebooks and prepare for civil war. But if that dire outcome is not what we are talking about, and we are instead witnessing just another sad example in a long history of bumbling, mouth-breathing attempts to ban books, then we can temper the "protect culture" language because it looks like the "evil" commercial market has got this one.

I admit it has been satisfying to watch the sentiment in that tweet wither in the sunlight of Maus topping best-seller lists in response to the Tennessee school board ban. Whether this groundswell is borne of curiosity to read a banned book or a desire to raise a middle finger at the censors (doubtless it is both), the entire narrative is an endorsement, not an indictment, of Art Spiegelman's copyright rights. After the assault on the Capitol, I wrote a post reaffirming a claim I had made in 2013 that "A great bulwark against tyranny would be a class of unusually wealthy poets." In principle, the consumer response to the Maus ban is exactly what I had in mind.

Libraries are wonderful institutions, but enemies of culture have a habit of burning them down. Or in the case of America's public libraries, they can simply defund them as easily as they remove books from school curricula. Ebook collections in libraries are not a bulwark against that kind of wanton destruction, but empowering authors and artists with certain property rights in their work and, yes, money remains a powerful mechanism for keeping the philistines at bay.

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No, the Maus Ban is Not an Excuse to Weaken Copyright - The Illusion of More

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Naturally, I join the outrage directed at any school board that would presume to ban a book-let alone because they don't want students to confront the traumas of history-but I am almost as offended by the self-proclaimed defenders of culture in the anti-copyright crowd. How dare the McMinn County Board of Education ban Maus?

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February 8th 2022 Author T. J. Stiles contributes to the Twitter discussion. https://twitter.com/TJStiles_Author/status/1490839567875788804   

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February 8th 2022 Author T. J. Stiles contributes to the Twitter discussion. https://twitter.com/TJStiles_Author/status/1490839567875788804   

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February 9th 2022 Charleston Conference (where both Chris Freeland and Jennie Rose Halperin are speakers)

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February 9th 2022 Charleston Conference (where both Chris Freeland and Jennie Rose Halperin are speakers)

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Controlled Digital Lending Is Just Lending, But It Needs Standards Too

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February 10th 2022 Chris Freeland posts a critical online blog

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February 10th 2022 Chris Freeland posts a critical online blog

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The disturbing trend of school boards and lawmakers banning books from libraries and public schools is accelerating across the country. In response, Jason Perlow made a strong case last week for what he calls a "Freedom Archive," a digital repository of banned books. Such an archive is the right antidote to book banning because, he contended, "You can't burn a digital book." The trouble is, you can.

A few days ago, Penguin Random House, the publisher of, Art Spiegelman's Pulitzer Prize-winning graphic novel about the Holocaust, demanded that the Internet Archive remove the book from our lending library. Why? Because, in their words, "consumer interest in 'Maus' has soared" as the result of a Tennessee school board's decision to ban teaching the book. By its own admission, to maximize profits, a Goliath of the publishing industry is forbidding our non-profit library from lending a banned book to our patrons: a real live digital book-burning.

We are the library of last resort, where anyone can get access to books that may be controversial wherever they happen to live -- an existing version of Perlow's proposed "Freedom Archive." Today, the Internet Archive lends a large selection of other banned books, including Animal Farm, Winnie the Pooh, The Call of the Wild, and the Junie B. Jones and Goosebumps children's book series. But all of these books are also in danger of being destroyed.

In the summer of 2020, four of the largest publishers in the U.S. -- Penguin Random House among them -- sued to force our library to destroy the more than 1.4 million digital books in our collection. In their pending lawsuit, the publishers are using copyright law as a battering ram to assert corporate control over the public good. In this instance, that means destroying freely available books and other materials that people rely on to become productive and discerning participants in the country's civic, economic, and social life.

Copyright law grants authors and publishers a limited monopoly over the books they produce. The law also enshrines a host of socially beneficial uses the public may make of those books without permission or payment. The famously flexible fair use doctrine has allowed libraries to continue serving the public in the face of rapid technological and social change.

If ever there was a moment of compelling "socially beneficial" access to books, it came in March 2020 when the COVID-19 pandemic shut down in-person library use almost everywhere. In response to the unprecedented crisis, more than 100 libraries holding critical books they could not lend signed a statement supporting the Internet Archive's establishment of a temporary National Emergency Library. The NEL allowed patrons controlled digital access to those collections that were locked away physically. It was a lifeline to trusted information for parents, teachers, and students around the world.

Yet, in an extreme overreaction to the facts, the publishers sued in June 2020 to shutter the NEL, along with our book lending practice as a whole. And in addition to demanding millions of dollars in monetary damages and fees, the lawsuit is calling on the Internet Archive to destroy all the digital books in our collections. It's a digital book burning on a massive scale.

If the publishers prevail, much more than the future of the Internet Archive will be at risk. What publishers want is to end libraries' ownership of their own collections. Instead, publishers want to rent digital books to libraries, like landlords. They want to control our cultural commons for their own commercial benefit.

Think about what just happened with Maus. When a local government entity banned this book, the publisher decided to pull it from a digital library's bookshelves, restricting our patrons from reading it in order to extract maximum profits. Whether through corporate bullying or government banning, digital books are not immune from censorship.

The Internet Archive's lending of a digital version of the book did nothing to diminish Maus's recent surge in sales. Even so, the publisher decided it had to do everything possible to remove the book from our library. It turns out you can burn a digital book.
Chris Freeland (@chrisfreeland) is a librarian and Director of the Internet Archive's Open Libraries program.

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Librarian's lament: Digital books are not fireproof | ZDNet

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The disturbing trend of school boards and lawmakers banning books from libraries and public schools is accelerating across the country. In response, Jason Perlow made a strong case last week for what he calls a "Freedom Archive," a digital repository of banned books.

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February 14th 2022 Literary Hub Editor Johnny Diamond responds to Freeland's blog 

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February 14th 2022 Literary Hub Editor Johnny Diamond responds to Freeland's blog 

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In another case of unbridled tech utopianism, the director of the Internet Archive-a non-profit website that makes ebooks freely available to anyone with the internet- is complaining that Penguin Random House wants them to remove Art Spiegelman's Maus from their collection, suggesting the request is tantamount to "digital book burning." Dude, c'mon. Maus, of course, has shot back up the bestseller lists because of a Tennessee school board's decision to ban it.

I'm all for open-source, anarchist culture-hacking, but not at the expense of individual artists, all of whom I am certain still need to eat and pay rent and buy paper. And while it's very easy to make a villain out of a billion-dollar company like Penguin Random House, the fact remains that Art Spiegelman also loses when someone "borrows" Maus from the Internet Archive.

Are American copyright laws a little intense? Are they often in aid of a steroidal contemporary capitalism that seeks to commodify and monetize every last moment of the human experience? Just because the answer to both of those questions is YES doesn't mean you can give away an artist's work without asking them.

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Free Maus? Digital access to banned books is important but writers still need to eat!

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In another case of unbridled tech utopianism, the director of the Internet Archive-a non-profit website that makes ebooks freely available to anyone with the internet- is complaining that Penguin Random House wants them to remove Art Spiegelman's Maus from their collection, suggesting the request is tantamount to "digital book burning."

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March 3rd 2022 Podcast interview with Jennie Rose Halperin 

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March 3rd 2022 Podcast interview with Jennie Rose Halperin 

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Interview | Jennie Rose Halperin: A Tech-Positive Future for Libraries, Controlled Digital Lending & US CASE Act

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Jennie Rose Halperin, is a facilitator, digital strategist, writer, and editor, who currently serves as the Executive Director of Library Futures: a nonprofit organization that champions equitable access to knowledge. Trained as a librarian, she has worked in content, web development, and digital services of all types, including at the Harvard Law Library, Creative Commons, ...

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March 10th 2022 Webinar on Internet Archive, hosted by Jennie Rose Halperin 

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March 10th 2022 Webinar on Internet Archive, hosted by Jennie Rose Halperin 

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Community Update: Controlled Digital Lending : Free Download, Borrow, and Streaming : Internet Archive

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From the hundreds of libraries using Controlled Digital Lending (CDL) to meet the needs of their communities to the many working groups and vendors...

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March 16th 2022 Blog by Derek Chipman (Authors Alliance) in response to Freeland's blog Feb 10th

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March 16th 2022 Blog by Derek Chipman (Authors Alliance) in response to Freeland's blog Feb 10th

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Photo by Freddy Kearney on Unsplash

Authors Alliance thanks our research assistant, Derek Chipman, for his contributions to this post.
Recently, it was revealed that a school board in Tennessee had banned the Pulitzer Prize-winning graphic novel , a work about the Holocaust, from being studied in the district. The news was met with outcry by many in the knowledge ecosystem and education communities, and, perhaps unsurprisingly, interest in the book soared in a version of the phenomenon known as the Streisand effect. Some readers interested in Maus accessed the work using the Internet Archive's controlled digital lending platform. Then, the work's publisher's asked the Internet Archive to remove Maus from digital circulation, apparently motivated at least in part by a desire to maximize profits. Libraries are essential for preserving our cultural heritage and vital to the preserving right to read, and digital libraries are no exception. Limiting access to knowledge by removing books from library shelves spurs every-day people into action, including high school students. This shows preserving the right to read, including the right to read works that have been banned from some uses, is an issue near and dear to the hearts of many. So why then have efforts to preserve banned books in digital libraries been met with resistance?

Digital libraries like the Internet Archive preserve and loan works, including banned books, via controlled digital lending, or CDL: a program by which physical books are purchased and scanned, whereupon the scan is available to borrow in place of the physical book. CDL loans come with strict time limits, just like traditional print lending, and a library is only permitted to loan out the number of digital copies matching the number of physical copies in its collection (known as the "owned-to-loaned" ratio). CDL is considered to be a fair use within many library communities, and it is an increasingly common practice for libraries. But publishers have taken aim at CDL in recent years, issuing statements against CDL and initiating a lawsuit against the Internet Archive opposing the practice.

It is important to note that the Internet Archive's CDL program allows a rightsholder to opt out and request that their work not be made available via CDL, regardless of the motivation for doing so. While the Internet Archive understood the publisher's motivation to be a desire to profit from Maus's renowned popularity, the publisher argued that its request was based on the author not authorizing digital editions of the work in the first place. Regardless, these issues shows that CDL is not a perfect tool for ensuring access to banned books. Still, efforts to preserve books in digital libraries when they are banned, and make them available to borrow via CDL where possible, as the Internet Archive did here, are commendable, and these efforts help keep culture and knowledge from disappearing into obscurity.

In general, digital libraries and controlled digital lending present exciting opportunities for authors who wish to see their works be read by the broadest possible audiences. The internet has been a vital tool that has allowed readers globally to evade censors and access knowledge freely, and digital libraries provide an important means of achieving this. However, the digital age also comes with unique challenges. If digital libraries were to cease operations, certain "born digital" works could be lost forever in a handful of years due to internet decay and format obsolescence, in what some digital preservationists call a " digital dark age." As history has shown, industry efforts at self-preservation can be disastrous, with movies being forever lost to history in the 1937 Fox Fire and 1967 MGM Fire or music recordings lost forever in the more recent 2008 Universal Fire. Storing everything in one physical vault can lead to catastrophic loss and to adequately preserve our culture and allow for equitable access, and consequently, we should be encouraging the growth of digital libraries and their efforts at preservation.

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Digital Preservation, Banned Books, and Controlled Digital Lending

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Authors Alliance thanks our research assistant, Derek Chipman, for his contributions to this post. Recently, it was revealed that a school board in Tennessee had banned the Pulitzer Prize-winning graphic novel , a work about the Holocaust, from being studied in the district.

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New Copyright Challenges in the Publishing Industry

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Background: Scholarly journal article April 2022, The Modern Library: Ramifications of Controlled Digital Lending on Copyright 

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Background: Scholarly journal article April 2022, The Modern Library: Ramifications of Controlled Digital Lending on Copyright 

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April 2nd 2022 Tweet by lawyer Timothy Vink 

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April 2nd 2022 Tweet by lawyer Timothy Vink 

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@caitlincanahey You can’t create a limited use license by just declaring it.

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@caitlincanahey You can’t create a limited use license by just declaring it. https://t.co/yLHcRDl58G

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Can’t get over this “copyright” notice that was included in a real book. Some poor Reddit user had to ask if it was a real thing. https://t.co/9tfnZY7F4I

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You can’t create a limited use license by just declaring it. pic.twitter.com/yLHcRDl58G
— Tim (@TimothyVink) April 2, 2022

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@caitlincanahey You can’t create a limited use license by just declaring it. https://t.co/yLHcRDl58G

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Can’t get over this “copyright” notice that was included in a real book. Some poor Reddit user had to ask if it was a real thing. https://t.co/9tfnZY7F4I

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@caitlincanahey You can’t create a limited use license by just declaring it. https://t.co/yLHcRDl58G

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@caitlincanahey You can’t create a limited use license by just declaring it.

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Can’t get over this “copyright” notice that was included in a real book. Some poor Reddit user had to ask if it was a real thing. https://t.co/9tfnZY7F4I

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April 6th 2022 Tweet by archivist Margar Breidenbaugh

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April 6th 2022 Tweet by archivist Margar Breidenbaugh

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This is not enforceable or reasonable. Just learned a good bit about #copyright at a #controlleddigitallending webinar hosted by @OCLC. Get involved in this organization if you'd like to learn more! #librariestransform #librarylife #libraryworkers #LibraryWorkersDay https://t.co/c5tsqOU6GD

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This is not enforceable or reasonable. Just learned a good bit about #copyright at a #controlleddigitallending webinar hosted by @OCLC. Get involved in this organization if you'd like to learn more! #librariestransform #librarylife #libraryworkers #LibraryWorkersDay https://t.co/c5tsqOU6GD

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Can’t get over this “copyright” notice that was included in a real book. Some poor Reddit user had to ask if it was a real thing. https://t.co/9tfnZY7F4I

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This is not enforceable or reasonable. Just learned a good bit about #copyright at a #controlleddigitallending webinar hosted by @OCLC. Get involved in this organization if you'd like to learn more! #librariestransform #librarylife #libraryworkers #LibraryWorkersDay https://t.co/c5tsqOU6GD
— Margar B. (@margarchivist) April 6, 2022

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This is not enforceable or reasonable. Just learned a good bit about #copyright at a #controlleddigitallending webinar hosted by @OCLC. Get involved in this organization if you'd like to learn more! #librariestransform #librarylife #libraryworkers #LibraryWorkersDay https://t.co/c5tsqOU6GD

# data[].attributes.attachment_link.metadata.attachment_props_source.includes.tweets[].text
Can’t get over this “copyright” notice that was included in a real book. Some poor Reddit user had to ask if it was a real thing. https://t.co/9tfnZY7F4I

# data[].attributes.attachment_link.metadata.attachment_props.original_text
This is not enforceable or reasonable. Just learned a good bit about #copyright at a #controlleddigitallending webinar hosted by @OCLC. Get involved in this organization if you'd like to learn more! #librariestransform #librarylife #libraryworkers #LibraryWorkersDay https://t.co/c5tsqOU6GD

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This is not enforceable or reasonable. Just learned a good bit about #copyright at a #controlleddigitallending webinar hosted by @OCLC. Get involved in this organization if you'd like to learn more! #librariestransform #librarylife #libraryworkers #LibraryWorkersDay https://t.co/c5tsqOU6GD

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Can’t get over this “copyright” notice that was included in a real book. Some poor Reddit user had to ask if it was a real thing. https://t.co/9tfnZY7F4I

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April 7th 2022 Twitter thread by Library Futures 

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April 7th 2022 Twitter thread by Library Futures 

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Let's quote this viral tweet to discuss the exciting concept of secondary markets! 
Secondary markets for books include libraries, schools, used book stores, paperbacks, remainders, and more! Secondary markets allow culture to thrive long past its salability. 1/ https://t.co/IYGBRVU6cZ

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Let's quote this viral tweet to discuss the exciting concept of secondary markets! 
Secondary markets for books include libraries, schools, used book stores, paperbacks, remainders, and more! Secondary markets allow culture to thrive long past its salability. 1/ https://t.co/IYGBRVU6cZ

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Buy physical copies of any book you plan to read in the future. Do it now.

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Let's quote this viral tweet to discuss the exciting concept of secondary markets!
Secondary markets for books include libraries, schools, used book stores, paperbacks, remainders, and more! Secondary markets allow culture to thrive long past its salability. 1/ https://t.co/IYGBRVU6cZ
— Library Futures (@library_futures) April 7, 2022

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Let's quote this viral tweet to discuss the exciting concept of secondary markets! 
Secondary markets for books include libraries, schools, used book stores, paperbacks, remainders, and more! Secondary markets allow culture to thrive long past its salability. 1/ https://t.co/IYGBRVU6cZ

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Buy physical copies of any book you plan to read in the future. Do it now.

# data[].attributes.attachment_link.metadata.attachment_props.original_text
Let's quote this viral tweet to discuss the exciting concept of secondary markets! 
Secondary markets for books include libraries, schools, used book stores, paperbacks, remainders, and more! Secondary markets allow culture to thrive long past its salability. 1/ https://t.co/IYGBRVU6cZ

# data[].attributes.attachment_link.metadata.attachment_props.text
Let's quote this viral tweet to discuss the exciting concept of secondary markets! 
Secondary markets for books include libraries, schools, used book stores, paperbacks, remainders, and more! Secondary markets allow culture to thrive long past its salability. 1/ https://t.co/IYGBRVU6cZ

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Buy physical copies of any book you plan to read in the future. Do it now.

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April 8th 2022 Tweet by retired lecturer Laura Gibbs 

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April 8th 2022 Tweet by retired lecturer Laura Gibbs 

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@MythicLore I'm here for the defense of #ControlledDigitalLending and naturally publishers want to characterize that effort as libraries making "ebooks" (even though scans of physical copies are a far cry from actual ebooks as published by publishers). so digital is where the big fight is...

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@MythicLore I'm here for the defense of #ControlledDigitalLending and naturally publishers want to characterize that effort as libraries making "ebooks" (even though scans of physical copies are a far cry from actual ebooks as published by publishers). so digital is where the big fight is...

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@OnlineCrsLady There is an obscure form of NFT that has some elements of this. I'm not a crypto fan, but I'm not sure it's feasible without it.

It allows for people who buy a thing to resell it, and the original seller sets a % of future sales that goes to them.

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I'm here for the defense of #ControlledDigitalLending and naturally publishers want to characterize that effort as libraries making "ebooks" (even though scans of physical copies are a far cry from actual ebooks as published by publishers). so digital is where the big fight is...
— Laura Gibbs (@OnlineCrsLady) April 8, 2022

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@MythicLore I'm here for the defense of #ControlledDigitalLending and naturally publishers want to characterize that effort as libraries making "ebooks" (even though scans of physical copies are a far cry from actual ebooks as published by publishers). so digital is where the big fight is...

# data[].attributes.attachment_link.metadata.attachment_props_source.includes.tweets[].text
@OnlineCrsLady There is an obscure form of NFT that has some elements of this. I'm not a crypto fan, but I'm not sure it's feasible without it.

It allows for people who buy a thing to resell it, and the original seller sets a % of future sales that goes to them.

# data[].attributes.attachment_link.metadata.attachment_props.original_text
@MythicLore I'm here for the defense of #ControlledDigitalLending and naturally publishers want to characterize that effort as libraries making "ebooks" (even though scans of physical copies are a far cry from actual ebooks as published by publishers). so digital is where the big fight is...

# data[].attributes.attachment_link.metadata.attachment_props.text
@MythicLore I'm here for the defense of #ControlledDigitalLending and naturally publishers want to characterize that effort as libraries making "ebooks" (even though scans of physical copies are a far cry from actual ebooks as published by publishers). so digital is where the big fight is...

# data[].attributes.attachment_link.metadata.attachment_props.referenced_tweets[].text
@OnlineCrsLady There is an obscure form of NFT that has some elements of this. I'm not a crypto fan, but I'm not sure it's feasible without it.

It allows for people who buy a thing to resell it, and the original seller sets a % of future sales that goes to them.