Stay aware of the situation and help spread the word. Lean on ALA and other professional organizations in their advocacy programs. Support those organizations because they support us. If patrons ask why an e-book is not available and you find that it is published by Amazon, be honest. Tell your local leaders about the problem. Ultimately, we need to advocate for a change in copyright law as it relates to digital materials. Pay attention to actions at the state level. A bill introduced in Maryland would require publishers to offer their titles to libraries. Learn how to advocate for similar legislation in your own state.

The first sale doctrine allows the owners of a copyrighted work the right to sell, lend, or share their copies without having to obtain permission or pay fees. This is the element of copyright law that allows libraries to lend books to our users. However, copyright related to e-books does not follow this same concept. The laws created have tipped too far in the direction of protecting copyright owners and publishers in the digital space. The current landscape forces libraries to abide by the access models created by publishers in order to provide these materials to our patrons, and in the case of Amazon, not at all. A long-term solution is desperately needed.  

In a Washington Post article, Mikyla Bruder, Publisher at Amazon Publishing is quoted in an email as saying, “It’s not clear to us that current digital library lending models fairly balance the interests of authors and library patrons. We see this as an opportunity to invent a new approach to help expand readership and serve library patrons, while at the same time safeguarding author interests, including income and royalties.” These words sound encouraging; however, libraries rightfully remain skeptical. Do we believe Amazon is acting in an altruistic manner, or simply protecting their profits? While we can recognize the difference between a physical book and a digital copy and understand the need to treat these materials differently, we also must analyze the laws created which have allowed publishers to set overly restrictive terms to the detriment of the greater good.  

In 2019 testimony to Congress, ALA described the current landscape surrounding digital materials as a “particularly pernicious new form of the digital divide.”  One that “prevents libraries from accomplishing their democratizing missions of providing equal access to information.” As we saw with the Macmillan Publishing decision of the past year, this is an issue that requires our constant attention.

Libraries will continue to do our best to balance collection budgets between physical items and e-materials. We will offer various platforms for e-books and e-audio with different models created by publishers and vendors. Our offerings may look robust and healthy to the communities we serve, but behind the scenes, we continue to struggle with rising costs and static budgets. Paying inflated prices for copies of e-books saddled with arbitrary limits, makes our jobs that much more difficult and ultimately negatively impacts our patrons. When publishers like Amazon outright refuse to sell to libraries, this harms society in a way copyright law never intended.

At many of our libraries, we heavily utilize Amazon for all types of purchases including, increasingly book orders. As with society at large, the convenience, speed, and cost makes Amazon an easy choice. The current position of Amazon directly threatens the ability of libraries to fulfill their missions, and in turn, negatively impacts our society. Amazon will likely create, or be forced to create, a way for libraries to purchase and offer their e-books and e-audio.  If we look at the current landscape of digital content rules created by publishers, the chances of Amazon creating something truly beneficial is minimal.In the meantime, we as librarians need to continue advocating for something approaching the simple and empowering first sale doctrine for digital content. After all, we are the ones working to ensure equal access for all.

Further Reading and Resources

ALA eBooks for All (https://ebooksforall.org/)

Copyright for Libraries: First Sale Doctrine (ALA) (https://libguides.ala.org/copyright/firstsale)

ALA Response to the U.S. House of Representatives, Committee on the Judiciary – Competition in Digital Markets (10/15/2019) (http://www.ala.org/news/sites/ala.org.news/files/content/mediapresscenter/CompetitionDigitalMarkets.pdf)

American Libraries “New ALA Report Cites Abusive Pricing, Denial and Delay of Sales to Libraries by Major Publishers” 10/14/2019 (https://americanlibrariesmagazine.org/blogs/the-scoop/new-ala-report-cites-abusive-pricing-denial-delay-sales-libraries-major-publishers/)

https://www.publishersweekly.com/pw/by-topic/industry-news/libraries/article/85914-library-e-book-bill-advancing-in-maryland.html

Readers First “Amazon Publishing Partners with DPLA to Share Content” 5/18/21 (http://www.readersfirst.org/news)

The post Amazon, E-books, Copyright, and Libraries first appeared on Public Libraries Online.

But what about your library’s own creations? Your marketing department wants more authentic user experiences, so you recruit patrons to take photos and guest blog for your website; your program’s folks ask you to record a song for summer reading and hand out copies as catchy reminders; your writing group wants to publish an anthology of their best work — how do you protect all of this?

I am not a lawyer, so this does not constitute legal advice, but I do have a few good starting points for you.

Web/Blog Content. Blogs and websites with their own content are considered “original works of authorship fixed in any tangible medium of expression.” This means that as soon as you or a guest writer types, saves, and posts, the words are automatically protected as the author’s own creation by copyright; however, that won’t be obvious to the outside world. You can add a copyright symbol (©) next to the year and the author’s name at the bottom of the post as a visual reminder.

If you or your guest writer are especially worried about certain content getting shared or used without permission, you can register individual posts on United States Copyright Office’s website for a $35 fee. You can only register what is posted on the website or blog on the date you file for copyright and have to file (and pay for) each of those updates separately. (This is because updating one post at a time does not qualify a blog as a “collective work,” which is like a newsletter that updates all its content at once.)

Standalone Multimedia. Videos, photographs, and other visual art are all covered under the same physical storage clause as website and blog content because their creation includes permanent fixture as part of their definitions. But what about songs, dances, or plays? Those are not copyrighted until the performance of them is recorded OR instructions on how to perform them are written down (such as sheet music or a script).

Publications. You’re proud of your writers’ group and want to print a tangible reminder of their hard work. You find a good deal on a printer, but before you set your pages, send each of your writers a contract for First North American Serial Rights. That gives you copyright for one printing, then reverts back to your writers for them to use as they wish.

Social Media. Unfortunately, copyright law has not kept up with social media growth and individual ownership. Anything typed into or uploaded to Facebook, Twitter, and Instagram (among others) is copyrighted by those sites under their user terms and conditions. Make sure to give credit to whoever created the content of your post, and brush up on your Fair Usage before you share.

Using Likenesses. This is not strictly a copyright concern, but it’s a good practice nonetheless to make sure you have permission to use the likeness of all the people you photograph for your library promotions. If you’re covering an event with a large crowd, you can place posters around the event letting people know that by attending, they are agreeing to be recorded. If you’re hosting an intimate group of six or less, you can hand out individual permission forms to make sure everyone’s on board.

The post The Other Side of Copyright first appeared on Public Libraries Online.