The Universal Library

Claire Stewart

MM450

May 2, 2006

Agree or disagree?

1. I should be able to access anything the Bradley University library owns via my computer

2. I should be able to access anything my local public library owns via my computer

3. I should be able to access anything ANY public library owns via my computer

4. I should be able to access any work ever produced that is now in the public domain, via my computer

Agree or disagree?

5. I should be able to make and keep a copy of any item the Bradley University library owns via my computer

6. I should be able to make and keep a copy of anything my local public library owns via my computer

7. I should be able to make and keep a copy of anything ANY public library owns via my computer

8. I should be able to make and keep a copy of any work ever produced that is now in the public domain, via my computer

Basic missions

• Collect• Store• Preserve• Provide access

How to fulfill this mission when 70% of population has internet access and

increasingly expect networked access?

Source: ALA Fact Sheet 1

In the year 2000…

Academic libraries:• Spent $1.1 billion on current

paper and electronic serial subscriptions

• Spent $552.1 million on paper books and bound serials

• Spent $32 million on a/v• 1.6 million reference

transactions/week• 16 million library visits/week• 194 million circulation

transactions• Hold 913.5 million paper

volumes and 88 million a/v items

Public libraries:• Spent $1.1 billion on materials

for library collections

• 302.3 million reference transactions/year

• 1.3 billion library visits/year

• 2 billion circulation transactions

• Hold 802 million print volumes and 70 million a/v items

How much is published?

Total # new book titles for 2004: 157,431

Total book publishing sales for 2004:$23.7 billion

What are the challenges?

• Buy more with less

• Existing collections at risk

– Preservation horrors: poor storage conditions (heat/humidity), acid paper, patron damage

– Rapid obsolescence of a/v formats

• “Born digital” on the rise

• Patrons want digital

2 inch video 3/4 inch Umatic video Open reel audio Super 8 film Vinyl LP

Collections rights issues

• Interlibrary Loan• Reserve reading/viewing• Copying and reformatting under section 108

– For preservation– To provide service to patrons

• Digital rights management/DMCA: first sale?

• Licensing

Interlibrary loan and reserve

• ILL: Section 108– Small portions of the work, or the entire work only if

not available for a fair price– Copy must become property of the user– No systematic copying– Copyright warning prominently displayed

• Reserve: Section 107 (fair use) and some Section 110 (TEACH)

• Guidelines: CONTU, ALA Guidelines for classroom copying, etc.

Section 108

• Added in 1976, written for the analog world “copies and phonorecords”

• Permits unauthorized copying under certain circumstances:– Not for commercial advantage– Libraries and archives open to public– Up to three copies for preservation, but no digital

distribution outside library, and only if a replacement copy is not available

– In last 20 years, looser rules for duplication, distribution, as long as the work is not being commercially exploited

Revisions to section 108

• Roundtables in Los Angeles and D.C.: Ed attended!

• Eligibility, allow access outside premises, preservation-only restricted access copying, website preservation

Section 108 study group members: University of North Carolina law library, Wiley & Sons, Columbia University, Walt Disney Company, Business Software Alliance, Association of American University Presses, Cornell University Library, JSTOR, National Library of Medicine, American Library Association, Georgetown University Law School, Penguin, Andrew Mellon Foundation, Time Inc., Universal Music Group, Getty Trust, Copyright Society of U.S.A.

Digitization: targeted massive

1995-2005: experimental, many projects, primarily public domain material

2005: Google, Open Content Alliance begin massive digitization projects

Google

• University of Michigan, Harvard, Stanford, Oxford, New York Public

• Digitize entire books

• Index entire work, present the user only with snippets

• Fair use claim

Perspectives on the Google deal

• Why does Siva say it’s a risky deal for libraries and the public?

• Litman: copies made for indexing shouldn’t be actionable

• Why did (Michigan) President Coleman sign the deal?

Big questions

• Concerns about secrecy, reprivitization; secret deals with for-profit companies: Google, Smithsonian

• Opt-in vs. opt-out mentality

• Is it fair use?

• Will the case go to court, or will the parties settle?

Open Content Alliance

• Yahoo, Microsoft, Adobe• Smithsonian, European Archive, Internet Archive• Universities of California, Texas, Virginia; Johns

Hopkins, Columbia, Emory• Only copyright cleared content (public domain or

with permission)

The Internet Archive

Open Access movement

• Serials purchase has been replaced by serials license

• Explosive rise in cost of scholarly journal subscriptions

• Keep publicly funded or university-sponsored research accessible: SPARC, NIH projects

• Doomsday scenarios and plans for addressing publisher obsolescence, title cancellation, etc. emerging

Orphan works

• Owner/copyright holder cannot be identified or located:– Copy lacks identifying info – Change of ownership or circumstance not documented – Copyright info tracking mechanisms lacking – Copyright status difficult to research

• Typical uses reported:– Creation of derivative works – Online collections – Enthusiast or hobbyist use of niche material– Private uses amongst small groups

Jule Sigall, Associate Register of Copyrights

Digital Rights Management

• Right of first sale: how does it exist within a DRM environment?

• Triennial rulemaking by Copyright Office– 2000: Libraries argued for broad exemptions

Two granted: filter lists, and malfunctioning or obsolete access control protections for literary work

– 2003: Libraries argued for two (filters, ebooks)Four granted: filter lists, broken dongles, obsolete software and video games, read aloud for ebooks

DMCA exemptions request 2006

• Continue existing exemptions for internet filter lists, malfunctioning dongles, ebook read aloud, obsolete video games

• New exemptions for clipmaking (CSS, SACD), to protect privacy and computer security

Jonathan Band