The state of Maryland filed their reply to the AAP’s motion for a preliminary injunction blocking the state’s new library ebook law while the matter is litigated. The state claims the interference with Federal copyright law is incidental and accidental rather than primary: The AAP’s complaint, they write, “rests on the mistaken assumption the Maryland Act is a copyright law and not a regulation of unfair trade practices. State copyright laws are preempted by federal law, but State laws restraining unfair trade practices are not…. The Maryland Act, by contrast, is a consumer protection statute regulating reasonable terms regarding licensing […]
Libraries
Data Says Library eBook Lending Is Up, Costs Are Down
In contrast to lobbying efforts in some state legislatures, the dominant service provider for library ebook lending reports that the market is thriving. Overdrive notes that in 2021, “With a focus on equity of access to books for all, libraries achieved all-time records for circulation while lowering the average cost-per-title borrowed.” Senior manager for public library content Karen Estrovich says in one press release flexible pricing models are an important element: “Top performing libraries utilized simultaneous access, cost-per-use and community reading programs to maximize access by increasing the number of available books in their collections.” Among the factors, American Rescue […]
AAP Sues to Block Maryland’s New Law on Library eBook Licensing
With Maryland’s precedent-breaking law requiring publishers to license ebooks to public libraries “on reasonable terms” set to be implemented at the beginning of 2022, the AAP has filed in the US District Court for Maryland. The association seeks, “A declaration that the Maryland Act is preempted by federal law and unconstitutional, and an injunction preventing its enforcement.” They allege four causes of action, including express and conflict preemption under the Copyright Act and the Supremacy Clause of the Constitution, along with violations of the Commerce Clause, and the Due Process Clauses. While the AAP usually supports and organizes actions brought […]
Librarians Talk Pandemic Budget Adjustments, Diversity at Summit
Follett and Baker & Taylor held their virtual 2021 Publisher Summit on Friday. In the opening session, Follett School Solutions ceo of content Britten Follett and Baker & Taylor evp Aman Kochar discussed business trends for each company. (FSS was sold just over a month ago to Francisco Partners.) Kochar reported that B&T’s ebook sales are up more than 15 percent over pre-pandemic levels, and ebook library circulations are up 40 percent. While print sales are down “6.5, 6.7 percent” from pre-pandemic levels, he says the recovery has been faster than he expected, attributed partially to American Rescue Plan grants. […]
NYPL Picture Collection to Remain Browsable
Following criticism after announcing that the New York Public Library’s Picture Collection would be archived as a research collection and taken out of general circulation, the organization has reversed that decision. The picture collection will remain open for public browsing and will move to a new location, Room 119 of the Stephen A. Schwarzman Building at Bryant Park in Manhattan. The move is expected to be completed in early 2022, and the collection’s staff will continue to be available to patrons. The NYPL said on its blog, “Following patron feedback that the Collection’s continued circulation and browsability are critical, the […]
Protest Planned As NYPL Plans to Close Public Access to Picture Collection
We missed the NYT’s soft feature from early August with hard news for people in creative industries and beyond: The New York Public Library has come to the misguided conclusion that they will restrict public access to this extraordinary resource by early next year. “The collection will be archived, available to visitors only by specific request,” the NYT reported. Director of the research libraries William P. Kelly decided that it is more important to preserve the archive than have people use it. “Either it is ephemera and doesn’t belong in a research library, or else it is an archive that […]