[Libs-Or] OLA IFC Tuesday Topics: Macmillan ebook embargo

[Ross Sempek]

Welcome to Tuesday Topics, a monthly series covering topics with
intellectual freedom implications for libraries of all types. Each message
is prepared by a member of OLA's Intellectual Freedom Committee or a guest
writer. Questions can be directed to the author of the topic or to the IFC
committee.


[image: image.png]


After an experiment
<https://www.publishersweekly.com/pw/by-topic/industry-news/libraries/article/77532-tor-scales-back-library-e-book-lending-as-part-of-test.html>
with its Tor <https://us.macmillan.com/publishers/tor-forge> imprint, in
which a four-month embargo was placed on new releases for sale to
libraries, Macmillan publishers have decided to alter its digital terms of
sale
<https://www.publishersweekly.com/binary-data/ARTICLE_ATTACHMENT/file/000/004/4222-1.pdf>
for libraries. Starting November 1st, library systems will be able to
purchase only a single perpetual-access copy of a book for $30. If a
library system wants to buy more copies of a recently released title, it
can only do so after eight weeks from the publication date and for twice
the price of the original sale. This eight-week window also severely limits
the time-frame library systems have to decide to buy. The offer to purchase
a perpetual-access new-release expires after two months. Backlist titles
are included in these terms for new releases, and by virtue of their status
will no longer be available as perpetual-access purchases. However, not all
electronic media is affected - the embargo only applies to e-books, not
e-audiobooks.

In addition to Macmillan, Tor, Simon & Schuster
<https://www.publishersweekly.com/pw/by-topic/industry-news/libraries/article/80602-s-s-changes-library-e-book-digital-audio-terms.html>,
and Penguin
<https://www.publishersweekly.com/pw/by-topic/industry-news/libraries/article/77904-penguin-random-house-changes-its-library-e-book-terms.html>,
Blackstone Publishing and Hachette Book Group
<http://www.readersfirst.org/news/2019/6/17/hachette-blackstone-change-library-digital-content-modelsavailability>
altered their library lending agreements. Hachette and Penguin chopped
their perpetual-access model to replace it with a two-year license for both
ebooks and digital audiobooks. And Blackstone established a ninety-day
moratorium on sales of “library content.” Blackstone’s partnership with
Audible/Amazon informs this moratorium. They are in a unique position to ensure
exclusivity <https://newrepublic.com/article/149515/amazons-audiobook-boom>
for millions of account-holders, easily denying access to those unwilling
or unable to get an account.

With these new terms, Macmillan’s consolation to libraries claims to
support their “archival mandates” and mitigate “cost and administrative
burden associated with ebook lending.” Nowhere do they mention the
potential impact on patrons, especially those who utilize the library
because of prohibitive costs. It’s remarkable that given the alleged direct
link between increased library lending and deflated sales, Macmillan’s
solution is to actively lower their number of readers. They gamble that
more profits for them, and profit-sharing for authors, will outweigh the
potential to reach more readers. To the publisher, it seems, a retail
customer’s experience with their product is worth more than cultivating
advocates. This illustrates the schism between the mission of the publisher
and that of libraries. The ability to receive information is a cornerstone
of intellectual freedom, and the company is infringing on intellectual
freedom in an attempt to make more money.

In response to these developments, some libraries have forged coalitions in
opposition to restrictive licensing. The Whatcom library system in
Washington state boycotted Blackstone and rallied other libraries
<https://www.wcls.org/blackstone-boycott-updates/> to do the same. Most
recently, King County Library System (Seattle, WA) has declared that they
will stop purchasing Macmillan eBooks
<https://www.publishersweekly.com/pw/by-topic/industry-news/libraries/article/81475-this-major-public-library-system-will-boycott-macmillan-e-books-will-others-follow.html>
until they drop these new restrictions. If your library wants to join in
the effort, they shared a toolkit
<https://www.wcls.org/library-boycott-of-blackstone-audio/> to facilitate
such an undertaking. Publishers claim that their decisions to change
licensing models are driven by sales data, but they have yet to share the
statistics proving that libraries are cutting into their profits. If you’re
interested in digging into the research on how library users find and
interact with eBooks, the Panorama Project
<https://www.panoramaproject.org/> is one node in analyzing this
information. Their Community Reading Event Impact Report
<https://static1.squarespace.com/static/5ae8ec5f70e8024a05804e7a/t/5c00229e6d2a73e6ae5478a5/1543512743044/Community+Reading+Event+Impact+Report+v1.pdf>
is an example of the comparative metrics from print and ebook sales for
retail and library milieus. Libraries are nothing if not adaptable, and
this ebook paradigm might push us to create something better.

Ross Sempek
Library Assistant, Happy Valley Public Library
ross.sempek at gmail.com
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