“Claims that the National Library’s recently announced plan to send 600,000 books overseas to be digitised is equivalent to ‘internet piracy’ are unfounded, says a group of New Zealand civil society organisations supportive of the initiative.
In a statement from the Department of Internal Affairs last week, Te Puna M?tauranga o Aotearoa National Library announced it had reached an historic agreement where all books left at the end of the Overseas Published Collections (OPC) review process will be donated to the Internet Archive so they can digitise and preserve them.
Several New Zealand associations and organisations, including Internet New Zealand, Museums Aotearoa, the New Zealand Open Source Society and Tohatoha Aotearoa Commons, are backing the National Library’s plan, saying that the initiative will help ensure future access for New Zealanders to a greater range of publications.
Mandy Henk, CEO of Tohatoha and a librarian herself, said that claims that the Internet Archive’s digitisation service is illegal – made this week by several New Zealand publishing organisations – are not true….”
“The National Library will donate 600,000 books that it was planning to cull from its overseas collection to a United States-based internet archive that will make digital copies of the works freely available online.
National Librarian Rachel Esson announced the “historic” agreement on Monday, saying books left at the end of the library’s review process would be donated to the Internet Archive, a digital library with the self-stated mission of universal access to all knowledge….”
“The Library of Congress announced that Brewster Kahle, Digital Librarian and founder of the Internet Archive, has been named to the Copyright Public Modernization Committee (CPMC), with a mission to help modernize the technology-related aspects of the U.S. Copyright Office. More specifically the CPMC will support “the development of the new Enterprise Copyright System (ECS), which includes the Office’s registration, recordation, public records, and licensing IT applications, and will be encouraged to help spread awareness of the Library’s development efforts more broadly.”
The thirteen member panel is composed of leaders from the library and university worlds along with representatives from trade organizations representing the recording and publishing industries, and corporate giants Amazon and Warner Media. Kahle, who holds a BS in Computer Science and Engineering from the Massachusetts Institute of Technology, brings decades of experience in digital library issues, and is an inaugural member of the Internet Hall of Fame. “I am excited to collaborate to help modernize the U.S. Copyright Office. Let’s see how far we can get,” says Kahle….”
“In an effort to help more people understand how Controlled Digital Lending works, the Internet Archive is helping coordinate two sessions in July. Both sessions are free, virtual, and open to the public.”
“For the second event in a series about the innovative library practice of Controlled Digital Lending, we’ll hear from libraries, consortia, and librarians who are exploring CDL implementations at their institutions and communities with hands on learning around potential and existing solutions. Learn about building institutional CDL policies, user experience for patrons and staff, technological platforms, and how you can get involved with the CDL community. Bring your questions, ideas, and be prepared to dig in!”
“The Internet Archive’s Open Libraries program empowers libraries to lend digital books to patrons using Controlled Digital Lending. Attendees will learn how CDL works, the benefits of the Open Libraries program, and the impact that the program is having for partner libraries and the communities they serve….”
“From 2004 to 2016 the book world (authors, publishers, libraries, and booksellers) was involved in the complex and legally fraught activities around Google’s book digitization project. Once known as “Google Book Search,” the company claimed that it was digitizing books to be able to provide search services across the print corpus, much as it provides search capabilities over texts and other media that are hosted throughout the Internet.
Both the US Authors Guild and the Association of American Publishers sued Google (both separately and together) for violation of copyright. These suits took a number of turns including proposals for settlements that were arcane in their complexity and that ultimately failed. Finally, in 2016 the legal question was decided: digitizing to create an index is fair use as long as only minor portions of the original text are shown to users in the form of context-specific snippets.
We now have another question about book digitization: can books be digitized for the purpose of substituting remote lending in the place of the lending of a physical copy? This has been referred to as “Controlled Digital Lending (CDL),” a term developed by the Internet Archive for its online book lending services. The Archive has considerable experience with both digitization and providing online access to materials in various formats, and its Open Library site has been providing digital downloads of out of copyright books for more than a decade. Controlled digital lending applies solely to works that are presumed to be in copyright. …”
Abstract: This article analyzes the role of copyright doctrine and case law in preserving the institutional function of libraries—both on- and offline—as trusted and, in principle, neutral hubs equalizing access to credible information and knowledge in societies with structural inequalities. In doing so it examines the ongoing Hachette v. Internet Archive litigation before the US District Court of the Southern District of New York in the context of earlier copyright cases, finding that there is a persistent need for electronic access to library material online.
Libraries have traditionally served an important role as reserved spaces for legally permissible distribution of books outside of markets. Copyright law, however, has the potential to hinder the fuction of libraries and other cultural heritage institutions particularly in equalizing access to knowledge. While there exist some exceptions and limitations that partially alleviate this, their applicability in the digital environment is still contested. Two novel challenges are interfering: first, an unmet and contentious need for emergency access to electronic library material to be granted online, and second, the need to counteract historical biases and misinformation, both of which multiply when spread within a hyper-connected and digitized society. In order to ensure electronic access to credible information and knowledge, policymakers must address these challenges strategically and reassess the needs of subjects and institutions that are currently subject to copyright exceptions.
Hachette v. Internet Archive follows a string of copyright cases that involved challenges to digitization without permission and to providing electronic access to digitized library material. The plaintiffs in Hachette v. Internet Archive, four publishers, brought copyright claims against the Internet Archive for the latter’s operation of a “National Emergency Library” within the context of the COVID-19 pandemic. The case introduces a new dimension to existing debates around electronic access to library material, particularly around e-lending, raising the question: Can emergencies justify additional exceptions to copyright laws covering electronic access to library material, and if so, under what circumstances?
After analyzing the relevant settled case law and the ongoing litigation against the Internet Archive and then looking back into the history of and rationale for copyright laws, the article advances a normative claim—that copyright should provide better support to libraries and digital libraries in particular (broadly defined) as the institutional safeguards of our literary treasures. Libraries have a public service mandate to preserve, curate, and provide access to a plurality of original and authoritative sources, and thus ultimately aspire not to compete in the marketplace but to become trusted hubs that equalize access to knowledge. In the context of a society currently struggling to fight historical biases and (online) misinformation, providing libraries with the legal support needed to fulfill this mandate will enable them to more effectively safeguard and provide equal access to (at least relatively) credible information and knowledge, including in the digital environment.
“On June 1, 2020, four publishing houses, Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC, filed before the US District Court for the Southern District of New York a copyright infringement action against the Internet Archive for the Archive’s operation of what it called a “National Emergency Library” (NEL) after the first US shelter-in-place orders in response to the COVID-19 pandemic. Indeed, on March 24, 2020, the Internet Archive had announced the launch of a temporary online NEL to support “emergency remote teaching, research activities, independent scholarship, and intellectual stimulation while universities, schools, training centers, and libraries were closed due to COVID-19.” In their announcement the Archive called on authors and publishers to support the effort, which would ensure “temporary access to their work in this time of crisis.” It provided an opt-in option for authors who wanted to donate their book(s) to the NEL, and an opt-out option for authors who wanted to remove their book(s) from the NEL….
In my recent article, A Public Service Role for Digital Libraries: The Unequal Battle Against (Online) Misinformation Through Copyright Law Reform and the Emergency Electronic Access to Library Material (forthcoming, 31 Cornell J.L.& Pub. Pol’y_ _ (2021)), I examine the ongoing Hachette v. Internet Archive litigation, placing it in the context of earlier US copyright case law that deals with the digitization or the making available of copyrighted works for educational, research, and other purposes (notably: Authors Guild v. Google, Authors Guild v. HathiTrust, and Cambridge University Press v. Becker). There is also a global debate focusing on similar issues, apparent, for example, in similar cases brought before courts in Europe (Technische Universität Darmstadt v. Eugen Ulmer KG and Vereniging Openbare Bibliotheken v. Stichting Leenrech), India (University of Oxford v. Rameshwari Photocopy Service), and Canada (CCH Canadian Ltd v. Law Society of Upper Canada and the recent York University v. Access Copyright)….”
“Archive Team, a self-described “loose collective of rogue archivists, programmers, writers and loudmouths dedicated to saving our digital heritage,” is a volunteer organization that monitors fading or at-risk sites before they’ve vanished completely. When Google announced the end of failed social network Google+, the collective saved 1.56 petabytes of its data in under four weeks.
Much of what Archive Team saves is then stored within the Internet Archive, which anyone can use to digitize whatever they feel is important. But the Wayback Machine uses bots to crawl the web and take snapshots as they go, while the Archive Team is laser focused on preserving endangered sites. It’s the difference between slowly amassing a huge library and trying to save every book from a specific collection that’s about to catch fire. To accomplish this, anyone can donate bandwidth and hard drive space to the “Warrior,” an archiving application that systematically downloads sites the group is worried about. Those downloads are then sent to the Archive Team’s servers before being moved to the safety of the Internet Archive. The Warrior’s current projects include the soon-to-shutter Freewebs, a hosting service that’s housed 55 million webpages since 2001, as well as certain subreddits that have been quarantined, often the first step discussion website Reddit takes before deleting an entire forum. The content of conversations within those communities might help researchers understand how, for example, extremist viewpoints spread online….”
“The pandemic has resulted in a renewed focus on resource sharing among libraries. In addition to joining resource sharing organizations like the Boston Library Consortium, the Internet Archive has started to participate in the longstanding library practice of interlibrary loan (ILL).
Internet Archive is now making two million monographs and three thousand periodicals in its physical collections available for non-returnable fulfillment through a pilot program with RapidILL, a prominent ILL coordination service. To date, more than seventy libraries have added the Internet Archive to their reciprocal lending list, and Internet Archive staff are responding to, on average, twenty ILL requests a day….”
“Michelle Alexopoulos is interested in tracking technology trends.
For a recent project that involved out-of-print government publications, the economics professor and her coauthor Jon Cohen tapped into resources from Internet Archive—available free and online—conveniently from her campus at the University of Toronto.
Alexopoulos specializes in studying the effects of technical change on the economy and labor markets. She uses library classification systems, including metadata from the Library of Congress, to understand how quickly technology is coming to market by tracing the emergence of new books on tech subjects. When it came to looking up old library cataloging practices, some documents were difficult to find….”
“Nothing better promotes the progress of science and the arts than access to knowledge, especially during a global pandemic. COVID-19 has highlighted how our society has changed in the past few decades and how much it needs to change in the decades to come. As schools and workplaces, law firms included, went partially or completely remote, connectivity and access to online resources became more important than ever. It is in this environment that several publishers chose to bring litigation against Internet Archive (IA) in Hachette Book Group, Inc. v. Internet Archive.
Open Library is a non-profit digital library founded by IA that offers online access to more than 1.3 million books that it has digitized into a PDF format. Operating under the Controlled Digital Lending (CDL) model, Open Library lends out only as many books as it has physical hardcopies of. Essentially, the basis of CDL is that a book must be owned to be loaned. …”
@FilFoundation is awarding a 50,000 FIL grant to the @InternetArchive –the largest single donation in our 25-year history. Founder & Digital Librarian @brewster_kahle on what this means for this nonprofit library…”