From Book Riot:
Earlier this year, Fight for the Future — a group of technology experts, policymakers, and creatives — launched a tool called Who Can Get Your Book, meant to highlight the challenges of accessibility and availability of ebooks in public schools and libraries, rural areas, and other communities where these disparities create burdens to information. It is but one organization seeking transparency around ebooks from publishers, and now, the US Senate Finance Committee is pushing for more.
Finance Committee Chair Ron Wyden (D., Oregon) and U.S. Representative Anna G. Eshoo (D., California) lead the latest charge, drafting a series of letters to the Big Five publishers to clarify their ebook contracts with public schools.
Ebook contracts are notoriously tricky. For libraries, who can purchase print books and own them through their natural lifespan, ebooks come with restrictions on a number of fronts. They aren’t owned by the library and instead are licensed: at any time, the books may disappear or come with circulation limits, and those licenses come at astronomical prices. In cases where licenses can be negotiated with better terms for the library, costs only grow.
These contracts and the ways they restrict access for users have become magnified over the course of the pandemic, when the digital divide became even more profound.
As reported in December, one school district in southern California found itself budgeting $27 per student every 12 months to access the classic and widely-taught The Diary of Anne Frank. The same title can be purchased in print by a library for a one-time price and used without limit; outside of the library, the average person can purchase The Diary of Anne Frank on Kindle one time from anywhere from $.20 to $14 and read it as much as desired for that single cost.
That doesn’t mean non-library purchases of ebooks are perpetual, nor are they owned by the individual who made the purchase.
“Even readers with vast personal collections of e- and audio-books should be alarmed, as most ebooks and audiobooks are also merely licensed to those who believe they are “buying” them, leaving the door open for publishers and big tech companies like Amazon to later erase books, as well as alter what they say, down the line,” said Lia Holland campaigns and Communications Director at Fight for the Future.
Beyond the costs, not all digital material is made available for licensing by schools or libraries. Amazon exclusives, for example, keep many works completely inaccessible. Who Can Get Your Book gives points for every accessible format to a title, and uses those to grade how easy it is to borrow it. Born a Crime, the popular memoir by Trevor Noah, for example, earns a D grade because the digital audiobook isn’t available outside its exclusive deal with Audible and because of restrictive licensing agreements for the ebook.
All of these challenges have led to demand for change.
“E-books play a critical role in ensuring that libraries can fulfill their mission of providing broad and equitable access to information for all Americans, and it is imperative that libraries can continue their traditional lending functions as technology advances,” reads the letter Senate Finance Committee members sent to Penguin Random House, Hachette, HarperCollins, Simon & Schuster, and Macmillan.
. . . .
“We are thrilled to see legislators taking action for the public’s right to own and preserve all books, no matter what form they are published in. With so much of our lives happening online, the opportunity to own digital books is almost nonexistent—a stark and concerning departure from how our society interacts with paper books,” said Holland.
“Through restrictive and expensive licensing schemes on ebooks and audiobooks, publishers are acting against the best interest of authors by reducing the number of titles that libraries and schools are allowed to offer and preserve. This often means that the most successful and mainstream books are the only ones purchased, locking many authors out of income from library purchases as well as away from the vast audiences of readers that public institutions serve. We hope that legislators will take swift action to ensure perpetual access to knowledge and diverse voices for everyone.”
Earlier this summer, Maryland became the first state to pass legislation on ebook licensing. The bill, which goes into effect January 1, 2022, requires any publisher offering ebooks for sale to consumers in the state also make those materials available for purchase by libraries in the state.
In other words, exclusives would no longer be allowed to be exclusive or put undue access barriers to library materials in the state. Publishers Weekly breaks down this legislation, making it sound like Amazon remains a question mark.
Link to the rest at Book Riot
Yes, of course traditional publishers would screw up library licensing of ebooks just like they screwed up everything else with their ebook businesses.