Libraries

With HathiTrust ruling, universities' 'fair use' winning streak

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With HathiTrust ruling, 'fair use' advocates in academe continue a legal winning streak that could have historic implications.

Publishers and Google end seven-year lawsuit with mysterious agreement

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After seven years of litigation, publishers make peace with Google with sealed agreement, leaving librarians to wonder about implications for research.

Publishers seek injunction in e-reserve case

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Should libraries' e-reserves be barred from citing fair use to share material that might be "the heart of the work"?

Supreme Court will hear case with major implications for textbook prices

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Supreme Court will decide on whether less expensive, foreign-made editions of textbooks can be lawfully sold to thrifty U.S. students.

Essay calls on librarians to seek more involvement from their campuses in developing future of the library

What happens to academic libraries as they slide sideways into a new world of superabundant information? What happens to their colleges and universities?

The process of change is not easy. Inside Higher Ed has described recent campus conflicts regarding the future of academic libraries. Carl Straumsheim ("Clash in the Stacks") reported that several library directors at liberal arts institutions have lost their jobs. However, tensions about changing libraries are not restricted to one type of institution.

Academic libraries are undergoing a public, challenging and frequently contested transformation. The change and obsolescence of academic libraries as we know them represents an event of unprecedented magnitude in higher education. Rarely has a core institutional activity faced such formidable prospects for change.

At the same time, librarians will be unsuccessful in planning for the future on their own. They possess much expertise about libraries, but less about trends in research and curriculum. Moving forward, the process of recreating the library must be one that involves many people in many roles on campus.

The library as a collection of print books and journals is an idea that has left the building. The library -- if that is even the appropriate name for what seems to be emerging -- is no longer focused exclusively on organizing and providing access to information. The library is fast becoming a multifaceted center designed to support a wide variety student learning and faculty research activities.

Many libraries in institutions focused on undergraduate education now include spaces where students find a one-stop learning environment that incorporates writing assistance, tutoring and multimedia production, as well as institutionally unique centers focused on civic engagement, multicultural dialogue or service learning.

Many libraries in research institutions provide expertise and specialized technologies to support the work of faculty. Areas of emphasis might include data management and visualization, scholarly communication and institutional repositories, the mining of humanities texts, and geographic information systems, to name a few.

By default, much of the responsibility for adapting to a changing information environment seems to fall to library directors who forge ahead at their own risk. Straumsheim quotes Bryn I. Geffert, college librarian at Amherst, as saying that directors need a high degree of “social smarts” to navigate the rapids of change.

To my way of thinking, three smarts stand out. The first involves understanding the complex and ambiguous decision-making processes of higher education. It is no surprise that decision making in colleges and universities is frequently characterized as organized chaos. Recognizing invested stakeholders is not as easy as it would seem. This is not a top-down environment. And every institution is somewhat different.

Second, working with complexity: after 20 years of experience and research, I have come to appreciate that university processes succeed best when leaders promote interactions that permit the academic community to learn its way forward to a common understanding of what can and should happen. Complexity theory suggests that effective leaders do not predetermine the outcomes of change initiatives; they create the conditions whereby the community can engage them and take steps forward.

Third, library directors must approach library change with humility. In their efforts to create conditions for campus engagement, they are the stewards of the process, not its owners. As stewards and facilitators of the process, they don’t have the answers; they offer possibilities. While they may be experts in academic library trends, librarians and directors are not necessarily experts in how those trends fit into the institutional community, curriculum and culture.

One of the hazards of organizational change is presuming that it should take place in a certain way. The future is a collective production based on many factors. Colleges and universities are communities of people with various commitments, interests and activities that intersect with libraries and information services. What we can do is open up opportunities for discussion, collective dreaming and actions.

However, the issue of library change goes far beyond the personal attributes of library directors. Our institutions will not succeed if large-scale change relies on individuals. Sure, someone needs to lead the charge, but meaningful change doesn’t occur because of one person; it requires widespread engagement, not merely acquiescence. College and university administrators and faculty -- across disciplines -- must recognize their own interests in this change.

This leads to my central point. It will take a university community to shape a future library that meets the specific needs of learning and research at that institution. This transition is not just about libraries. It is about how colleges and universities come together to solve a collective challenge. Libraries cannot puzzle out their future alone.

The library is only as effective as its ability to understand and support the emerging information needs of its campus. Beyond organizing and providing access to information, academic libraries are now incorporating a variety of nontraditional resources, services and expertise. But what exactly will change, and how fast, is a campus conversation.

I am reminded of Harold Howe’s statement: “What a school thinks about its library is a measure of what it feels about education.” The two are connected. Libraries are changing. Education is changing. How academe responds to the transformation of libraries says a lot, not only about its view of libraries and education, but also about its capacity to address institutional change. The university’s engagement in library change might be considered a barometer of its ability to respond to other change as well.

But how can we, and our institutions, establish strategies that promote strategic responses to changes in the social and economic conditions that surround us? How can we work collaboratively and intentionally, bringing our expertise to bear, taking risks in order to do what higher education is called to do: to lead social and culture change that makes a positive difference in the world? 

I’ve come to believe that the issues we face in our current institution are the same ones that we face wherever we go. Greener grass is not the issue. Working with the grass that we have is. Wendell Berry reminds us that meaningful work and life results from our commitment to place, to nurturing our communities. 

At a very basic level, we must care about the institution, about the people we work with and about the library. The future of libraries, and academe generally, requires us to learn our way forward together as a community. There are no easy answers, only our commitments, our skills and patience with each other as we find our way into the future.

The future of our libraries is our own future. Higher education is at a turning point, with libraries as one of the most visible signs of change. How we choose to recreate libraries may be a reflection of how we adapt to changing and critical social, political, economic and environmental issues throughout the world.

Dane Ward is dean of Milner Library at Illinois State University.

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Essay on problems that the economic model of e-books poses for college libraries and scholars

According to academic libraries, there’s a just-over-the-horizon golden age in which “you always have whatever scholarship you need access to, at any time and wherever you are.” This quote comes from my library’s “welcome” page, but it could as easily come from many American university libraries.

Having e-books supersede and replace physical books is essential to the vision. Accordingly, libraries have made great advances in digitizing their paper book collections and making them available online through Google Books, HathiTrust and other digitized collections. These superb collections make the vision seem possible, enticing and even closer than we might imagine. Many university libraries have taken another step toward its realization by instituting policies that either prefer or require new book acquisitions to be in digital rather than paper format, when available.

But there is a fundamental difference between digitized versions of physical books and born-digital books. While the former move us closer to the “anyone, anytime, anywhere” future, the economics of the latter are pushing us in the opposite direction, toward a future in which access to digitally published titles is restricted and provisional. 

This difference becomes apparent when we consider interlibrary loan. I regularly explain to patrons that they cannot use an e-book licensed by another University of California campus and that their best option is to request a paper copy by interlibrary loan. In one recent case a patron wanted a book that had been published only online and only as part of a package. Since subscribers to the package were prohibited from sharing any of its contents via interlibrary loan, there were only two options for the patron: either she had to read it while physically situated at a subscribing library, or my library would have had to pay many thousands of dollars to license the package. 

To understand what is happening, it is first necessary to understand that digitizing projects like Google Books and HathiTrust are possible because libraries own the physical books they contain and because they choose to exercise the option to make them available in this fashion. The key point is ownership. Acquisition of a physical book brings with it a consistent and well understood set of rights and restrictions that have been clearly defined and relatively stable for more than a century. 

Collectively we refer to these rights as conferring ownership. The principle that the sale of a book extinguished the right of the seller to control the subsequent disposition of a book was established by the United States Supreme Court back in 1908 in Bobbs-Merrill Co. v. Straus and reaffirmed only last year in Kirtsaeng v. John Wiley & Sons, Inc. Known as the first-sale doctrine, this principle underpins fundamental practices of a research library. It means that libraries can do pretty much what they wish with their books as long as those actions do not violate copyright (or other) law -- such venerable library practices as lending books to whomever they choose and for however long they wish, sharing them through interlibrary loan and selling or giving them away derive from the first-sale doctrine.

First-sale doctrine also provides the legal basis for such innovative practices as digitizing books; if the digitized books are in the public domain, then libraries can make them freely available, as they do with the full-view titles in HathiTrust. Copyright law and court decisions also permit digitization of in-copyright books for such transformative uses as full-text searching (you can find out if a term is used in a book, and how often, even if you can’t see it online) and data mining of digitized collections to discover patterns of thought and word use. One of the most exciting uses of digitized in-copyright titles is to provide print-impaired readers with full-text, screen-readable access to a body of literature orders of magnitude greater than previously available. 

Born-digital e-books are very different animals than digitized e-books, even though they may appear similar on the screen. Where digitized e-books are owned by libraries, born-digital e-books are almost always only licensed from either the publisher or a third-party vendor, not purchased outright. The distinction between owning and licensing means, among other things, that the digital file is located on the seller’s server and not on one owned or controlled by the library. Additionally, the bundle of rights associated with ownership of a physical book is not transferred intact when a library merely pays for access. 

E-book licenses vary widely. At one end are subscription packages with low per-title prices and few rights; a library’s patrons can access a subscription title only as long as it pays an annual subscription fee, effectively renting the books like you rent a car. Libraries’ ability to share titles acquired this way is extremely limited.   

At the other end are licenses that ensure the library’s access to the title “in perpetuity,” for a one-time fee, permitting the library to engage in many of the practices associated with owned books. Most limited perpetual access e-books licensed by libraries (in contrast with inexpensive personal copies) generally cost about the same as a physical book, but add on rights and users and prices quickly escalate by three and five times. (The per-title cost drops if book packages are licensed, but bulk acquisition has problems of its own, and in my opinion should be avoided.)

I am aware of a single major vendor that permits the purchase of an e-book allowing a library to download and maintain a copy of the title on its own hardware, but the rights that accompany a title purchased this way are still far more limited than those associated with a purchased book. For example, it would be a violation of the purchase agreement to send one of these books out on interlibrary loan; only a single chapter can be shared per request. 

In addition, the fact that titles are licensed enables the owner to engage in practices that libraries traditionally reject. Foremost among them is gathering data about readers. For libraries, protection of reader privacy is a core value, and they routinely break the connection between borrower and book as soon as the book has been returned. 

Vendors, on the other hand, can monitor and record individual patrons’ book choices. They can even assert control over readers’ behavior. Once, when I was skimming an e-book, a “Browse Warning!” appeared, asserting that I was either illegally copying pages or “navigating the book in an inappropriate manner.” Were I to continue my inappropriate navigation, the vendor warned, it might not only cut me off from this book, but from all its books. I never skimmed one of the vendor’s titles again.

Finally, there is a separate problem associated with the practice of licensing, not purchasing e-books. The perpetual access model assumes that the publisher or vendor of the title is a stable, financially secure corporation that possesses the expertise to write -- or at least vet -- complex legal instruments and has invested in whatever backup mechanisms are needed to provide satisfactory assurances of access, perpetual or otherwise. However, there are ever-increasing numbers and varieties of small, individual and ephemeral publishing outlets that lack the resources to meet library standards. Consequently libraries are simply unable to acquire the e-books produced by a growing segment of the publishing industry.

For all these reasons, born-digital e-books pose significant challenges to libraries’ abilities to operate effectively, protect their patrons and meet their needs, and acquire the books they need at a reasonable cost. If libraries are to continue to provide the unique services they offer, if they are to realize the “anyone, anytime, anywhere” vision, and if they are to support the future use of their holdings in ways we cannot yet imagine, they need to own, not merely license books. And e-book ownership needs to be more closely equivalent to ownership of a physical book than is currently the case.

In short, we need to renegotiate the way libraries operate in the e-book marketplace so that they can fulfill their unique and irreplaceable functions while also ensuring that publishers and authors receive their due. It will be expensive, if we can ever get there. Books will cost more and libraries will have to develop the infrastructure needed to host, preserve and deliver the books they acquire. Fortunately, we do not have to start from scratch. We have some existing, if imperfect, purchase models on which to build. It will take time, and the golden age may be farther off and not as perfect as we had hoped. In the meantime, libraries should ease off on their preference for licensing e-books instead of buying physical ones.

Daniel Goldstein is an arts, humanities and social sciences librarian at the University of California at Davis.

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Swets bankruptcy will cost libraries time, money

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A global subscription company that served as intermediary between college libraries and journal publishers has declared bankruptcy. Libraries face financial losses and time-consuming process to assure journal access.

Wake Forest U. creates room for napping in campus library

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Wake Forest University encourages students to de-stress by taking quick naps in its library. It's one of many ways colleges are trying to reduce the anxiety felt by their students.

Publishers call for federal government to settle 'fair use' in higher education

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At a U.S. House hearing, representatives for publishers and colleges argue over whether federal government should get involved in determining how institutions can use copyrighted works.

 

 

Adobe patches ereader vulnerability, but privacy concerns remain

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Adobe patches a security vulnerability in its ereader software, but some users still regard the data Digital Editions collects about them with suspicion.

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