Libraries Are Not a Crime – JURIST – Commentary – Legal News & Commentary

“In response, the Internet Archive created the National Emergency Library, an online library of books in its collection that people could “borrow” for limited periods of time. All of the books included were more than 5 years old, and copyright owners could opt out on demand. The idea was to ensure that people had at least some access to books that were otherwise unavailable.

The evidence shows that people used the online library the same way they use a physical library. Most people used the books for a few minutes, long enough to confirm a fact or check a citation. A few people used the books for longer, presumably in order to read them.

What a success! In a time of need, a charitable organization made information available to people who otherwise wouldn’t be able to get it, at no cost to anyone. Sometimes, charitable organizations really can solve social problems efficiently and effectively.

But wait. The copyright cops went apoplectic. On their telling, the Internet Archive is a “piracy” organization, and the NEL is “cheating” authors by “defrauding” them of book sales. Essentially, they complained that the NEL was “anti-author” because it enabled people to borrow books electronically, rather than buying them. Every borrowed book was a lost sale, at least in their imagination. And they further imagined that the profits from those supposed lost sales would otherwise have gone to authors….”

Viral Open Access in Times of a Global Pandemic · punctum books

“In recent weeks, the COVID-19 pandemic has led to numerous calls for scientific research concerning the virus and the disease to be made open access and freely available to the public. These calls stand in a tense relationship not only with the profit-driven approach to medical research by pharmaceutical companies,1 but also with the business models of the for-profit academic publishing oligopoly, dominated by a few companies making excessive profit margins that are essentially subsidized by public funds.2 The current pandemic makes abundantly clear that the public availability of public knowledge indeed saves lives – but it doesn’t do so only now, it always does.

Let’s recap….”

Two Steps Forward, One Step Back – The Pandemic’s Impact on Open Access Progress – The Scholarly Kitchen

“2019 was a watershed year for progress in the transition of research publishing to open access (OA). The shakeup caused by Plan S had some time to sink in, cancellations of big subscription deals ramped up, and as I noted last October, the conversation had shifted from “eventually things will move to OA,” to instead a sense of urgency, “we’re on the clock for a move to OA.” The value of open science (increased transparency, open data, open access to research results) has become increasingly obvious during the current global health crisis. Both the positives (rapid reporting and sharing of information) and the negatives (the glut of bad science being issued as preprints and promoted via mainstream media without proper curation) are now evident, with the good generally outweighing the bad. Despite the daily evidence of the importance of shifting to an open science environment for research, the economic fallout from the pandemic is going to make necessary progress difficult and slow….

Business models beyond the APC may have an even bigger struggle ahead. Because of the many shortcomings of the APC model, a variety of OA business models that can be applied in different contexts and that are appropriate for each community and research field are needed for long-term sustainability. Right now, most of the non-APC models in-play rely upon voluntary spend from someone. Will the cost paid for publication of a Diamond-OA journal out of a library make the cut when budgets are being slashed? Collective action strategies that rely upon libraries voluntarily paying for memberships or subscribe-to-open models are going to be similarly hard to justify, given that you receive all the same benefits of the model whether or not you choose to pay….

Open access relies on the concept that knowledge is a public good, but acknowledges that there are costs and efforts necessary to produce and maintain that public good. The global health crisis has the potential to bring stakeholders together in support of improving the way we communicate research results, but the accompanying economic downturn may create significant roadblocks to those efforts.”

Will COVID-19 mark the end of scientific publishing as we know it?

“Under the pressure of a global health crisis, the argument for open access has sunk in. Following calls from the World Health Organization and government leaders, over 150 publishers, companies, and research institutions have agreed to temporarily make all content related to COVID-19 free to read, ensuring efforts to understand the virus can go forth undeterred….

Is this the catalyst that breaks up the bonds of an old publishing model once and for all? …”

Trade policy response to COVID-19 examined in Committee report – News from Parliament – UK Parliament

“[The unanimously adopted report from the International Trade Committee] also recommends the Government consider adjusting intellectual property provisions to allow for compulsory licensing of therapeutic drugs or vaccines against COVID-19, as a means of ensuring they can be made available as quickly, widely and cheaply as possible..”

How Internet Archive and controlled digital lending can help course reserves this fall – Internet Archive Blogs

“I host regular webinars about the Internet Archive’s Open Libraries program, helping librarians and others understand how controlled digital lending works, and how their library can make their print collections available to users online. The question of how to safely handle course reserves is clearly among the top priorities for academic librarians as they approach fall semester, just a few short weeks away. At nearly every webinar session since early March, and certainly every session this summer, librarians have raised the question of how controlled digital lending can work for course reserves.  

We’re getting such a large number of inquiries on this topic that I thought it would be helpful to outline how Internet Archive’s Open Libraries program and controlled digital lending can help your library with course reserves this fall, and where we may have limitations in supporting your full suite of needs….”

Internet Archive Defends Library Digitize-and-Lend Model | Authors Alliance

“The Internet Archive has responded to a copyright lawsuit filed by a group of commercial publishers which takes aim at the Controlled Digital Lending (“CDL”) model and the Internet Archive’s (now closed) National Emergency Library. The Internet Archive’s answer to the publishers’ complaint highlights the fair use arguments underpinning the digitize-and-lend model, which has been in operation since 2011 with the support and participation of hundreds of other libraries.

Under the CDL digitize-and-lend model, libraries make digital copies of scanned books from their collections available to patrons (the hard copy is not available for lending while the digital copy is checked out, and vice versa). A library can only circulate the same number of copies that it owned before digitization. Like physical books, the scanned copies are loaned to one person at a time and are subject to limited check-out periods. The Internet Archive launched National Emergency Library in March in response to the COVID-19 outbreak which left the physical collections in libraries inaccessible to patrons; books available through the National Emergency Library were not subject to the “owned-to-loaned” ratio. The National Emergency Library closed on June 16.

The Internet Archive’s answer to the publishers’ complaint explains that the digitize-and-lend model serves the public interest in preservation, access, and research—all classic fair use purposes. Every book in the collection has already been bought and paid for by the libraries that own them, and most of the volumes are out of print….”

Libraries lend books, and must continue to lend books: Internet Archive responds to publishers’ lawsuit – Internet Archive Blogs

“Yesterday, the Internet Archive filed our response to the lawsuit brought by four commercial publishers to end the practice of Controlled Digital Lending (CDL), the digital equivalent of traditional library lending. CDL is a respectful and secure way to bring the breadth of our library collections to digital learners. Commercial ebooks, while useful, only cover a small fraction of the books in our libraries. As we launch into a fall semester that is largely remote, we must offer our students the best information to learn from—collections that were purchased over centuries and are now being digitized. What is at stake with this lawsuit? Every digital learner’s access to library books. That is why the Internet Archive is standing up to defend the rights of  hundreds of libraries that are using Controlled Digital Lending.

The publishers’ lawsuit aims to stop the longstanding and widespread library practice of Controlled Digital Lending, and stop the hundreds of libraries using this system from providing their patrons with digital books. Through CDL, libraries lend a digitized version of the physical books they have acquired as long as the physical copy doesn’t circulate and the digital files are protected from redistribution. This is how Internet Archive’s lending library works, and has for more than nine years. Publishers are seeking to shut this library down, claiming copyright law does not allow it. Our response is simple: Copyright law does not stand in the way of libraries’ rights to own books, to digitize their books, and to lend those books to patrons in a controlled way. ”

Publishers ‘swift to release Covid-19 research’ – STM Association | Research Information

“The International Association of Scientific, Technical and Medical Publishers (STM) has been swift to respond to the thirst for knowledge and as early as February this year, was co-ordinating the efforts of the academic publishing  community to make all research papers on Covid-19 freely available. Within weeks, publishers had responded emphatically, making more than 50,000 Covid-19 related papers freely available. To date, almost 150 million people have read or downloaded this research, making it one of the most sought-after topics of all time. …”

Publishers ‘swift to release Covid-19 research’ – STM Association | Research Information

“The International Association of Scientific, Technical and Medical Publishers (STM) has been swift to respond to the thirst for knowledge and as early as February this year, was co-ordinating the efforts of the academic publishing  community to make all research papers on Covid-19 freely available. Within weeks, publishers had responded emphatically, making more than 50,000 Covid-19 related papers freely available. To date, almost 150 million people have read or downloaded this research, making it one of the most sought-after topics of all time. …”