ebooks and libraries: tuesday march 12, 2013 presented by mary minow, j.d., a.m.l.s. librarylaw.com...
TRANSCRIPT
Ebooks and Libraries:
Tuesday March 12, 2013
Presented by Mary Minow, J.D., A.M.L.S.
LibraryLaw.com
Legal Issues for Library Administration and StaffAn Infopeople Webinar
Infopeople webinars are supported in part by the U.S. Institute of Museum and Library Services under the provisions of the Library Services and Technology Act, administered in California by the State Librarian. This
material is licensed under a Creative Commons 3.0 Share & Share-Alike license. Use of this material should credit the author and funding source.
• Legal information
• Not legal advice!
Legal Disclaimer
Ebooks and Libraries: Legal Issues
Library ebook lending update
Lending ebook devices including disability access
Licenses and Emerging Issues
Library Ebook Lending
“There is an overall disconnect between publishers and distributors of e-books and libraries throughout the state. The main roadblock is no stable pricing/licensing or availability from publishers to libraries. Some offer no titles, some charge exorbitant amounts, and some offer only selected titles. I think a standard policy of access and pricing, across the board is in everyone's best interest.”
Rep. Brian Sear,
47th Assembly DistrictConnecticut
Connecticut bill to require publishers “sell” ebooks to libraries at consumer prices
hearing archived at http://www.ctn.state.ct.us/CTNplayer.asp?odID=8677
http://evoke.cvlsites.org/files/2013/03/DCL-Pricing-Comparison-3-4-13.pdf
Many ebooks are not available to libraries.
Others have much higher prices. Many ebooks are not available to libraries.
Others have much higher prices.
http://www.ala.org/transforminglibraries/sites/ala.org.transforminglibraries/files/content/Ebook%20and%20libraries%20FAQ_rev2%2013%2013.pdf
two books to date
Minotaur backlist – expires after two years or 52 lends
backlist; pilot with newer, double prices
pilot: delay six months, expires after one year
26 checkouts
dramatic price increases
Why is it different with Print Books?
Loan books
Sell used books
Copyright Law- First Sale17 U.S.C. Sect. 109
Lending ContentCopyright
Specific Copyright Exception:
FIRST SALE
PART OF PUBLIC LAW
Lending ContentLicense
Specific Copyright Exception:
FIRST SALE
PRIVATE CONTRACT overrides copyright law
(almost always)
Vendors need licenses
Specific Copyright Exception:
FIRST SALE
PRIVATE CONTRACT overrides copyright law
(almost always)
VENDORS NEED LAYER OF CONTROLCopyright only protects authors/publishers
Digital First Sale?
Outdated law.
Rights triggered when copy is made, even if original is deleted.*
*may make INCIDENTAL OR FAIR USE argument, depending on circumstances
Digital First Sale?
Outdated law.
Rights triggered when copy is made, even if original is deleted.*
*may make INCIDENTAL OR FAIR USE argument, depending on circumstances
Digital First Sale?
Outdated law.
Rights triggered when copy is made, even if original is deleted.*
*may make INCIDENTAL OR FAIR USE argument, depending on circumstances
Case to Watch:
Capitol Records v Redigi
http://dockets.justia.com/docket/new-york/nysdce/1:2012cv00095/390216/
A right to sell used digital music?
MP3 resellerDeletes MP3 from user’s computer
If Yes, Ebooks Next
https://www.redigi.com/learn
Licenses Offer Access with Restrictions
No perpetual rightsWhen contract ends, ebooks disappear
Licenses
understanddefault copyright
rights before signing
understanddefault copyright
rights before signing
Alternative – Library Hosting Skip Platform Vendor
OK:
• Public Domain
• Creative Commons
• Permission(e.g. local author)
Hosting with Ownership examplesDouglas County Libraries and Califa
Uses copyright law, not license
Describes how copyright law applies
One user-One loan
Statement of Common Understanding
http://jaslarue.blogspot.com/2012/01/statement-of-common-understanding-for.html
Additional Layer of Content Control:Digital Rights Management (DRM)
and Digital Rights Mgmt
“Technological Protection Measures”
Additional Layers
Multiple versions of DRMprotects content
- Limits copying, printing- Limits loan time
Illegal to Tamper with Digital Rights Management
DMCADigital Millennium Copyright Act
Exception: ok to make lawfully obtained
nondramatic works accessible for print
disabled
Oct. 2012 - 2015
see http://www.copyright.gov/1201/
Internet Archive 20th Century Ebooks
http://openlibrary.org/borrow
Scans print copies and puts in deep storage
One bookOne user
A combinationof First Saleand Fair Use
How to use OpenLibrary
http://openlibrary.org/help
200,000+ books 1000 circulations per day
http://openlibrary.org/librariesin its third yearendorsed by COSLA
http://openlibrary.org/subjects/accessible_bookFor legal support of Fair Use and disability access,see Authors Guild v Hathi Trust
DAISY format
National Library Service for the Blind and Physically Handicapped (NLS) users qualify.
3 million DAISY
200,000+ modern ebooks
3 million DAISY
200,000+ modern ebooks
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Lending Devices:Disability Access
Brown v. Free Library of Philadelphia
Nook Lending Program Federal funds
Claim: ADA Title II Sect. 504 of Rehabilitation Act
Settlement: purchase only fully accessible mainstream devices
"Fully accessible” ebook devices meansa blind individual may access or acquire same information, engage in same transactions, and enjoy same benefits and services of the book reading device
as a non-disabled individual with substantially equivalent ease of use
http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2012cv02373/461996/14/See also Dear Colleague Letter http://www2.ed.gov/about/offices/list/ocr/docs/dcl-ebook-faq-201105.html
SETTLEMENT Oct 23, 2012
Similar Settlement: Sacramento Public Library
• May not add additional inaccessible content
• Must provide device with text-to-speech and access to menus and controls (other than touch screens without audio and tactile feedback)
• May require users to attest eligibility in writing … but may not require doctor’s note
[See also 28 C.F.R. Sect. 35.138(h)(2)]
http://www.ada.gov/sacramento_ca_settle.htm August 28, 2012
2013 http://pld.dpi.wi.gov/files/pld/pdf/ebook_guidance.pdf
Nook update
National Federation of the Blind – Nook App for iOS
NYT 2/25/13 Barnes & Noble Weighs E-Reader Investment
Kindle report card
Shows inaccessibility of kindle http://www.readingrights.org/1315
Screenshot Readingrights.org
Coalition of 30 organizations focused on ebook accessibility
Screenshot Accessible Technology Coalition
Licenses and Emerging Issues
• Free Speech• “Buy now”• Privacy• Sample License clauses
Free Speech and Withdrawing Books
Who removes books?
If public institution removes based on viewpoint, could trigger First Amendment
Use same criteria for weeding as print
Ebook trends: self published, very small presses, community “maker” movement
Private Enterprise: “Buy now”
https://bilbary.com/
CHECK WITH LOCAL LEGAL COUNSEL
*may we endorse a vendor?*may we get income?(cost recovery v. profit)
Privacy – Sharing Patron Reading Records
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Privacy Clause
Any such patron information shall be protected to an extent equal to or greater than that imposed on the library by a state privacy statute, other laws, or library policy under which the licensee-library operates.
See other samples in Tomas Lipinski, The Librarian’s Legal Companion for Licensing Information Resources and Services (ALA: 2012) p.659
Termination Clause
http://www.scribd.com/LibraryJournal/d/52439233-OverDrive-s-current-contract-with-Kansas-State-Library
Kansas State Library – old Overdrive contractNewer version does not allow content transfer
Nondisclosure Clause
Preferred Practices
A. Non-disclosure language should not be required for any licensing agreement, particularly language that would preclude library consortia from sharing pricing and other significant terms and conditions with other consortia.
7.1 The terms of this Agreement are confidential; however xxx reserves the right to use the name of Library for publicity purposes.
International Coalition of Library Consortia 2004 Statement on preferred practices for selection and purchase of electronic informationhttp://icolc.net/statement/statement-current-perspective-and-preferred-practices-selection-and-purchase-electronicSee also Association of Research Libraries 2009 – ARL Encourages members to refrain from signing nondisclosure or confidentiality clauses http://www.arl.org/news/pr/nondisclosure-5june09.shtml
May conflict with sunshine ordinances
1. Replicating print model
2. Inclusion of all titles
3. Right to transfer content
4. Right to lend indefinitely
5. Accessibility
6. Integration with catalog
7. Single user
8. Limited number of loans
9. Variable pricing
10. Delayed sales with discounts
11. Premium for immediate access to delayed titles
12. In library checkout
13. Restrictions on consortia/ILL
14. Enhanced discovery
15. Sales channel (buy link)
http://www.districtdispatch.org/wp-content/uploads/2013/01/Ebook_Scorecard.pdf
Ebook Scorecard
Resources
http://www.alastore.ala.org/
2013 2009 2012 and blog
Websiteliblicense
http://www.infodocket.com/2013/01/30/ifla-releases-thinkpiece-on-libraries-e-lending-and-the-future-of-public-access-to-digital-content-27-pages/
Summary
Library ebook lending update still in disarray, getting more attention
Lending ebook devicesensure disability access
Licenses and Emerging Issues
Infopeople webinars are supported in part by the U.S. Institute of Museum and Library Services under the provisions of the Library Services and Technology Act, administered in California by the State Librarian. This
material is licensed under a Creative Commons 3.0 Share & Share-Alike license. Use of this material should credit the author and funding source.