Digital Content, Libraries, and Ethics Sarah Houghton LibrarianInBlack.net Director, San Rafael Public Library

Union Librarian

Most library vendors only lease digital content. Few sell digital content outright. KNOW THE DIFFERENCE! Licensing vs. Owning

So what happens when you’re leasing, not buying?

Overdrive’s marketing materials & sales staff use words like buy, purchase, and sale. Overdrive’s contracts use words like license and subscribe. Kansas says nuh-uh. The Overdrive Case

READ YOUR CONTRACTS

Does your library get access to the entire catalog of materials? Do certain publishers limit terms of access? Can content be removed? What publishers and authors are not included? Collection Access

Some vendors have not made their eBooks, or the platforms that you use to access them, truly accessible. That’s a violation of the Americans with Disabilities Act for most schools and libraries. Accessibility

Library can’t make multiple copies or make derivative works. 17 U.S.C. Sect. 106 (except for copies for preservation, replacement, and to fulfill user requests, per exceptions in 17 U.S.C. Sect. 108) 17 U.S.C. Sect. 108 Copyright Penalties: $750-$30,000 per title. $150,000 if willful infringement is shown. 17 U.S.C. Sect. 504(c).17 U.S.C. Sect. 504(c). Copyright Law (US Code)

The Digital Millennium Copyright Act (DMCA) makes it a criminal offense to circumvent technological protection measures that protect copyrighted content. DMCA Penalties: First time offenders may be fined up to $500,000, imprisoned for five years or both. 17 US.C. Sect US.C. Sect Digital Millennium Copyright Act

Digital Rights Management Corporate Terms of Service Copyright Law

eBooks and the Big 6 Source: The Big 6 - eBooks in Libraries Facebook page

Library Values

The 1930s were amazing!

ALA Library Bill of Rights

I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.

II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.

IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.

V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.

ALA Code of Ethics

Ethical dilemmas occur when values are in conflict. The American Library Association Code of Ethics states the values to which we are committed, and embodies the ethical responsibilities of the profession in this changing information environment.

We significantly influence or control the selection, organization, preservation, and dissemination of information. In a political system grounded in an informed citizenry, we are members of a profession explicitly committed to intellectual freedom and the freedom of access to information. We have a special obligation to ensure the free flow of information and ideas to present and future generations.

1. We provide the highest level of service to all library users through appropriate and usefully organized resources; equitable service policies; equitable access; and accurate, unbiased, and courteous responses to all requests.

11. We uphold the principles of intellectual freedom and resist all efforts to censor library resources.

111. We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.

Library User Library

Privacy? Cool story bro.

Library Digital Privacy Pledge and IFLA Statement on Privacy in the Library Environment

IV. We respect intellectual property rights and advocate balance between the interests of information users and rights holders.

Doctorow’s First Law Any time someone puts a lock on something that belongs to you, and won’t give you a key, they’re not doing it for your benefit.

a) DRM is anti-consumer and anti-library b) DRM doesn’t prevent piracy c) DRM is discriminatory d) DRM increases costs e) DRM endangers preservation f) all of the above Why We Should Say No to DRM

VI. We do not advance private interests at the expense of library users, colleagues, or our employing institutions.

VII. We distinguish between our personal convictions and professional duties and do not allow our personal beliefs to interfere with fair representation of the aims of our institutions or the provision of access to their information resources.

Ranganathan’s 5 Laws

1. Books are for use.

2. Every reader his [or her] book.

3. Every book its reader.

4. Save the time of the reader.

5.The library is a growing organism.

Organizations to Watch

What can you do?

Read and re-read all of your digital licensing contracts

Renegotiate terms at renewal

Talk to digital content vendors at conferences

Talk to your colleagues about digital licensing terms regularly.

Speak out against digital censorship

Work with your library to ensure user privacy is protected in all ways possible.

Advocate for copyright reform.

Advocate for the next Librarian of Congress #nextloc

+Sarah