At least three counties have removed access to e-reading apps used by schools and libraries in a continued effort to restrict children’s access to books, NBC News reports. In Tennessee, Texas, and Florida, a few parents have objected to digital reading platforms, including OverDrive and Epic, aiming to restrict access to books on gender, race, and LGBTQ+ themes. The apps became even more widely used due to the pandemic and virtual schooling. These bans affect all users, not just individual students, and all titles — removing access to entire digital collections of books for the sake of restricting a few, […]
Libraries
Maryland Concedes They Are Regulating Where Congress Would Not Go
In a bizarre reply to the AAP’s request for a preliminary injunction, the state of Maryland both concedes and underscores that Congress specifically declined to create a first sale doctrine for digital goods, leaving it to the marketplace to adapt. Unhappy with that decision and its effect, Maryland has elected to regulate the marketplace for copyrighted goods, in conflict with Congress and the law. They justify that with the novel suggestion that once copyrighted goods are offered to the marketplace, they have magically “left the world of copyright” — except they haven’t — and “entered the marketplace for such transactions,” […]
Maryland Claims eBook Lending Law Is About “Consumer Protection” Not Copyright, But Clearly Seeks to Remedy Lack of Digital First Sale Doctrine
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 […]
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. […]