Libraries – Page 2 – DigitalKoans

"Judgment Entered in Publishers, Internet Archive Copyright Case"

Most importantly, the proposed agreement includes a permanent injunction that would, among its provisions, bar the IA’s lending of unauthorized scans of in-copyright, commercially available books, as well as bar the IA from "profiting from" or "inducing" any other party’s "infringing reproduction, public distribution, public display and/or public performance" of books "in any digital or electronic form" once notified by the copyright holder. . . .

The negotiated payment is all inclusive—it covers costs, fees, damages, and other claims, including the IA’s claim that damages should be remitted—something that should assuage initial concerns expressed by some who feared a massive damage award might force the nonprofit IA to cease operations. The negotiated judgment does seek destruction of the IA’s scans as the publishers’ initial complaint had suggested.

https://tinyurl.com/p3yaszd9

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"Publishers, Internet Archive Agree to Streamline Digital Book-Lending Case"

The proposed order would require the Archive to pay Lagardere SCA’s (LAGA.PA) Hachette Book Group, News Corp’s (NWSA.O) HarperCollins Publishers, John Wiley & Sons (WLY.N) and Bertelsmann SE & Co’s (BTGGg.F) Penguin Random House an undisclosed amount of money if it loses its appeal.

The order would also permanently block the Archive from lending out copies of the publishers’ books without permission, pending the result of the appeal.

https://tinyurl.com/yc5j2vb8

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Forthcoming, Paywall: Copyright: Best Practices for Academic Libraries

This book provides advice on how to analyze and apply the copyright law to specific areas encountered by librarians and instructors. . . . Written by Donna L. Ferullo, the Director of the University Copyright Office at Purdue University who holds both law and library science degrees and Dwayne K. Buttler, the Evelyn J. Schneider Endowed Chair for Scholarly Communication at the University of Louisville, who also holds a law degree.

Google Books preview.

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"Artificial Intelligence in Subject-Specific Library Work: Trends, Perspectives, and Opportunities"

The general implications of AI for libraries are much discussed in library literature. But while this discussion takes place at the library-wide level, there are also important implications for subject librarians due to the specific uses of AI in different professions and areas of study. These are often overlooked as these specializations tend to publish in subject-specific journals. This article aims to address this research gap by providing a comparison and thematic analysis of this literature. Subject-specific library journals in the areas of law, health sciences, business, and humanities and social sciences were searched to identify relevant journal articles that discussed AI. 139 articles were identified and tagged with at least one category that reflected the nature of the discussion around AI. The following analysis showed that literature related to law had the greatest number of articles by far, though the publishing activity in all disciplines has increased significantly in the last 10 years. This article explores these trends to gain a more comprehensive understanding of the implications for subject-specific library work.

https://doi.org/10.33137/cjal-rcbu.v9.39951

Paywall: "An Initial Interpretation of the U.S. Department of Education’s AI Report: Implications and Recommendations for Academic Libraries"

This article provides an analysis of the U.S. Department of Education’s report on Artificial Intelligence (AI) and its implications for academic libraries. It delves into the report’s key points, including the importance of AI literacy, the need for educator involvement in AI design and implementation, and the necessity of preparing for AI related issues. The author discusses how these points impact academic libraries and offers actionable recommendations for library leaders. It emphasizes the need for libraries to promote AI literacy, involve librarians in AI implementation, develop guidelines for AI use, prepare for AI issues, and collaborate with other stakeholders.

https://doi.org/10.1016/j.acalib.2023.102761

"NISO Approves Working Group to Develop Recommended Practice for Operationalizing Open Access Business Processes"

The volume of OA content has proliferated in recent years, but the systems and workflows currently used by publishers and librarians were designed for traditional, pay-to-read models. Business processes are currently inadequate to address the requirements of—for example—transformative agreements, which require complex financial management and the tracking of authors and publishing outputs across large institutions. Libraries face challenges in managing micropayments and assessing the financial impact of such agreements, and authors often have difficulty determining whether their manuscript is eligible for OA publication under agreement terms. These complexities also impact publisher editorial and financial systems. As a result, organizations often adopt manual processes for managing these agreements, giving rise to inefficiencies across the ecosystem.

NISO’s Working Group will address the problem by identifying gaps in the infrastructure for OA publications and agreements, developing terminology to describe the surrounding processes, and outlining best practices for exchanging data and analytics and metrics. The work will focus first on the metadata required for exchange prior to publication as well as for article-level financial transactions, and then address reporting following publication. As the new Recommended Practice will be of interest to publishers, libraries, authors, funders, and OA advocates and community initiatives, the group is seeking volunteers representing a range of stakeholder groups from across the scholarly communications industry.

https://tinyurl.com/ywb7cu3e

Webinar Recording: "ACRL LDG A Mutualistic View of AI in the Library or a Continuation of Craft by Thomas Padilla"

During this session, Thomas Padilla [Deputy Director, Archiving and Data Services at the Internet Archive] will present a critical and generative position aimed at empowering GLAM professionals on their journey to develop a mutually beneficial relationship with AI. The discussion will cover the individual, organizational, and community impacts of AI in the library landscape.

https://www.youtube.com/watch?v=hh5PTyBT6AA

"Concordia Welcomes Amy Buckland as University Librarian"

Since August 2021, Buckland has held the position of assistant deputy minister for collections at Library and Archives Canada (LAC). In this role, she leads a team of 500 staff and manages an annual budget of $50 million. . . . Prior to joining LAC, Buckland was head of research and scholarship at the University of Guelph Library, where she oversaw the collaborative development of a digital infrastructure to support the needs of research teams and new forms of scholarly communication progressively and sustainably.

https://tinyurl.com/mk85rxf9

"The State of the Field: An Excerpt From the 2023 Library Publishing Directory"

The most common material types reported in 2023 were journals (89%), conference papers and proceedings (80%), theses and dissertations (75%), educational resources (66%), and monographs (60%). Under half of respondents (46%) reported publishing datasets. Other material types reported include gray literature, newsletters, multimedia, expansive digital publications, and databases. . . . Over 80% of respondents provide copyright support and DOI assignment. Over half provide metadata services (71%), author advisory services (66%), training (66%), ISSN registry (64%), hosting of supplemental content (60%), cataloging (56%), and analytics (55%). The decline in the number of library publishers providing digitization services holds steady with 49% of respondents in 2023 identifying it as one of their services.

https://tinyurl.com/yhwp4pph

Access the entire directory.

State of America’s Libraries 2023

In 2022, the global COVID-19 pandemic entered its third year; political, economic and digital divides grew; and book challenges and bans surged across the country. ALA’s Office for Intellectual Freedom tracked a record 1,269 book challenges, the highest number of demands to ban books reported since they began compiling data about censorship in libraries. But despite all these challenges, libraries thrived, pivoting to offer new and updated services to their communities. Adaptation and innovation shined in 2022, proving that there truly is "more to the story" at libraries.

https://bit.ly/40wXRy1

Paywall: "Going for Gold, Deep in the Red"

Having survived the budget uncertainties following the Great Recession and during the COVID-19 pandemic, libraries are no strangers to the hard work, patience, and luck needed when it comes to budget planning and pushing publishers toward OA. But will libraries ever achieve the ultimate feat of bagging gold OA for all titles in all disciplines? Open access comes at a price; a gold sweep may not be possible as many institutions continue to struggle financially with the after-effects of the pandemic and lower enrollment figures.

http://bit.ly/3MHU5yy

"Digital Information Security Management Policy in Academic Libraries: A Systematic Review (2010–2022)"

Digital information security management (DISM) is considered an important tool to ensure the privacy and protection of data and resources in an electronic environment. The purpose of this research is to look into the applications of DISM policies in terms of practices and implementation in academic libraries. It also identifies the challenges faced by academic libraries in applying these DISM practices regarding policy. A systematic literature review was conducted to achieve the objectives of the study. . . . A few libraries have developed a mechanism to protect and secure users’ sensitive data from hackers, viruses, malware and social engineering. Findings indicated that both organisations and users trust libraries due to their strict privacy and data security policies. However, some academic libraries did not adopt and implement DISM policies in their organisations, even though they had written DISM policies.

https://doi.org/10.1177/01655515231160026

"What’s Missing? The Role of Community Colleges in Building a More Inclusive Institutional Repository Landscape"

The precise number of community college communities with access to an IR is unknown and certainly higher than ten, but uptake is low. As a result, the rich intellectual outputs generated at these institutions are not openly shared. Repositories provide community college communities with the ability to read content they would not otherwise have access to, but to fulfill the original purposes of open access to "share the learning of the rich with the poor and the poor with the rich," it’s imperative that the faculty and students at community colleges are recognized as contributors to the scholarly communications landscape and empowered to disseminate their works, via repositories, to the larger knowledge ecosystem

https://doi.org/10.5860/crln.84.4.173

"Controlled Digital Lending Takes a Blow in Court"

The implications of this ruling are potentially profound, and, given the strong lean in the publisher’s favor, they are potentially troubling for libraries and the rights of those who seek to engage with content in our evermore digital and digitized world if the decision stands through the forthcoming appeals. For the significant amount of content that exists in print form and for which there is no publisher-sanctioned digital version available, that content has become effectively walled off from the digital world until it passes into the public domain—essentially for longer than anyone reading this blog is alive. Those who live in close proximity to and have access to world-class institutions with sizable print collections can get access to much of this content. For the vast majority of library users, this will not be the case. Their access will be significantly curtailed, but to paraphrase the ruling, this public interest is secondary to the interests of publishers in exercising their monopoly.

http://bit.ly/40GaNC4

"Who Owns Bibliographic Metadata Created by Libraries?"

The ownership of MARC bibliographic data has been an issue between OCLC and other companies in the marketplace. Two lawsuits are discussed between OCLC and Clarivate and SkyRiver.

https://doi.org/10.1080/01930826.2023.2177928

"In a Swift Decision, Judge Eviscerates Internet Archive’s Scanning and Lending Program"

"At bottom, IA’s fair use defense rests on the notion that lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorized copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book," Koeltl wrote in a March 24 opinion granting the publisher plaintiffs’ motion for summary judgment and denying the Internet Archive’s cross-motion. "But no case or legal principle supports that notion. Every authority points in the other direction."

https://cutt.ly/54AdZfY

Millions of Digitized Books May Be Destroyed: "Press Conference Statement: Brewster Kahle, Internet Archive"

Here’s what’s at stake in this case: hundreds of libraries contributed millions of books to the Internet Archive for preservation in addition to those books we have purchased. Thousands of donors provided the funds to digitize them.

The publishers are now demanding that those millions of digitized books, not only be made inaccessible, but be destroyed.

This is horrendous. Let me say it again—the publishers are demanding that millions of digitized books be destroyed.

And if they succeed in destroying our books or even making many of them inaccessible, there will be a chilling effect on the hundreds of other libraries that lend digitized books as we do.

This could be the burning of the Library of Alexandria moment—millions of books from our community’s libraries mdash;gone.

http://bit.ly/3JHMjli

"At Hearing, Judge Appears Skeptical of Internet Archive’s Scanning and Lending Program"

Over the course of a 90-minute hearing on the parties’ cross motions for summary judgment, Koeltl appeared skeptical that there was sufficient basis in law to support the Internet Archive’s scanning and lending of print library books under a legally untested protocol known as controlled digital lending, and unconvinced that the case is fundamentally about the future of library lending, as Internet Archive attorneys have argued.

http://bit.ly/3FFjVyS

Handbook on Comparative E-lending Policies in Europe

This Handbook overhauls current stereotypes about e-lending. The studies and investigations quoted in the Handbook demonstrate that e-lending in libraries is a formidable instrument for promoting e-books.Results may be short of sensational: when promoted by libraries, an individual title may see a 818% growth in e-book sales and 201% growth in print sales.

The number of e-lending transactions, measured in relation to the number of inhabitants, also shows that the market for e-loan transactions is now dramatically low and has to make great strides for the benefit of all actors in the e-book value chain.

The number of e-lending transactions, measured in relation to the number of inhabitants, also shows that the market for e-loan transactions is now dramatically low and has to make great strides for the benefit of all actors in the e-book value chain. It is now from 10 to 100 times lower than the number of book loans and in some cases, like in France, 400 times less.

bit.ly/3JuFwew

"Book Publishers with Surging Profits Struggle to Prove Internet Archive Hurt Sales"

Today, the Internet Archive (IA) defended its practice of digitizing books and lending those e-books for free to users of its Open Library. In 2020, four of the wealthiest book publishers sued IA, alleging this kind of digital lending was actually "willful digital piracy" causing them "massive harm." But IA’s lawyer, Joseph Gratz, argued that the Open Library’s digitization of physical books is fair use, and publishers have yet to show they’ve been harmed by IA’s digital lending.

bit.ly/3JTMDP2

"Coalition Forms to Battle Library E-book Bills"

In a release this week, an alliance of author, publisher, and copyright industry advocacy groups launched Protect the Creative Economy Coalition, a coalition designed to combat a growing number of new library e-book bills surfacing in state legislatures in the opening weeks of 2023. . . .The initial members of the Protect the Creative Economy Coalition include the American Booksellers Association, Authors Guild, Association of American Publishers, National Music Publishers Association, News Media Alliance, and the Independent Book Publishers Association, as well as the Copyright Alliance.

bit.ly/42m0FQT

Better World Books and the Internet Archive: "Saving 4 Million Books From Landfill"

The service that BWB provides is an important one for libraries. BWB collects used books from libraries, booksellers, colleges, and universities in six countries, which are then either resold online, donated or recycled. To date, Better World Books has donated over 35 million books worldwide, has raised close to $34 million for libraries and literacy, and has saved more than 450 million books from landfills. Through the partnership with the Internet Archive, BWB has donated more than one million books each year for preservation and digitization, totaling 4 million books to date.

https://cutt.ly/X8CaoCv

"With New Model Language, Library E-book Bills Are Back"

The revised language, developed with support from nascent library advocacy group Library Futures, takes a "regulate " rather than "mandate " approach. In other words, unlike Maryland’s law, which would have required publishers to offer license agreements to libraries "on reasonable terms " for digital books that were available to consumers, the new legislative language instead focuses regulating the terms of agreements. Key to the revised bill’s effectiveness is language that would render unenforceable any license term that "precludes, limits, or restricts" libraries from performing their traditional, core mission.

bit.ly/3y42wfh

"Library Futures Releases Policy Paper: Digital Ownership for Libraries and the Public"

In response, Library Futures recommends policymakers adopt an approach of digital ownership that extends the current paradigm for print works and allow libraries to both maintain the benefits of print collections and innovate even further toward providing new methods of access, preservation, and education by creating new lending models, equitizing access for underserved communities, and contributing to a more democratic balance. To that end, we have outlined some approaches to solving this issue through structural, community-based, and technical means:

Legal reform: This can include judicial remedies through the courts, legislative action on the part of Congress, or regulatory intervention by an authority such as the Federal Trade Commission.

Collective action: Community intervention can be a powerful way to act concertedly to stand against entities that are prohibiting libraries from exercising their rights, such as boycotts and grassroots action, state legislative initiatives, and the collective use of incentives and accountability measures for publishers.

Library-owned infrastructure: The library community can build its own infrastructure to ensure that it is oriented towards the needs of their users and provides libraries with the choice to own their digital content. This is not without its challenges (practical and resource-wise), but sustainable infrastructure can put control of digital content back into the hands of libraries and users.

Policy Paper

https://www.libraryfutures.net/post/digital-ownership-for-libraries-and-the-public

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Paywall: Academic Librarian Faculty Status

ACRL announces the publication of Academic Librarian Faculty Status, compiled and written by Edgar Bailey and Melissa Becher. . . This book focuses exclusively on tenure, promotion, and appointment at small to mid-sized academic libraries and provides many sample criteria and policies for librarians with and without faculty status.

https://cutt.ly/21PAadM

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