Two recent papers by Kyle K. Courtney and Juliya Ziskina—Mitigating the Library eBook Conundrum Through Legislative Action in the States and The Publisher Playbook: A Brief History of the Publishing Industry’s Obstruction of the Library Mission—provide insights into the ongoing struggle between libraries and publishers over access to digital content.
Policy Paper: Mitigating the Library eBook Conundrum Through Legislative Action in the States,
Kyle K. Courtney and Juliya Ziskina (June 2022).
In this policy paper, Kyle K. Courtney and Juliya Ziskina discuss the challenges public libraries face in acquiring and providing access to e-books. They argue that ebook licenses are often crafted to benefit publishers to the detriment of libraries, making it difficult for libraries to fulfill their core mission of providing equitable access to information. The authors propose that state legislative action can help mitigate this problem by creating fair and sustainable licensing terms for e-books, ensuring that libraries can provide access to e-books for all citizens. The paper provides examples of state legislative actions taken in Massachusetts, Hawaii, and Connecticut and suggests that other states should consider similar legislation. The authors argue that state legislative action is necessary because federal law has not addressed this issue, and they emphasize the importance of collaboration between libraries, publishers, and policymakers to find a solution to the ebook conundrum.
Kyle K. Courtney and Juliya Ziskina (March 2023), pre-print.
This scholarly research paper explores the publishing industry's relationship with libraries, specifically the recent issues with e-books, licensing, and digital content. The authors argue that the current situation with ebooks continues a long-standing pattern of publishers attempting to control libraries' access to content, often at the expense of public access and fair use. The paper outlines several key events in the history of the publishing industry, including the introduction of the first modern copyright law, the invention of the printing press, and the emergence of the ebook industry.
The authors also discuss the impact of recent policies, such as the Digital Millennium Copyright Act (DMCA) and the Copyright Term Extension Act, which have favored publishers over libraries and users. Additionally, the paper examines the recent legal battles between publishers and libraries over ebook licensing, including the HarperCollins "26 checkouts" rule, which limits the number of times a library can check out an e-book. The authors argue that the publisher's playbook of obstructing the library mission threatens the fundamental values of libraries and the public's access to information.