Hello all,
Thanks to Jeremy Johannessen of COSLA for sharing this article.
I caution up front that it is a VERY deep dive (38 pages); however, if you'd like a legal perspective on state efforts to promote a fair library ebook market, it is worth a read.
https://www.aallnet.org/wp-content/uploads/2024/08/LLJ_116n3.pdf#:~:text=State%20Strategies%20for%20Fair%20E-Book%20Licensing:%20Lessons%20from
There are some minor errors. For example, we in libraries now do have access to Audible titles through Palace.
The article ignores some very capable recent advocacy efforts with this statement, though on the whole it is probably true: "Finally, librarians need additional training on how to be better advocates for libraries against aggressive, seasoned copyright attorneys."
We often see a majority of legislators persuaded by library talking points. Maryland, for example, di0d not have a single negative vote against its legislation. We may need to learn better to watch for and fight against procedural tricks by a minority of legislators.
I take some issue with the first half of the following statement (we did have legal advice in Maryland, and the authors themselves say there were mistakes in the Maryland judge's reading of the laws), but the second half of the statement is certainly true: "Maryland made mistakes in how it drafted its statute and defended the subsequent litigation brought by publishers, but publishers marshal more formidable resources than public libraries, including regulatory capture in the U.S. Copyright Office."
Yes, we are up against billions of $$, some of which has apparently been put in to the coffers of those who wish to derail state efforts to create a more fair market for libraries.
While banning efforts and our fight against them are and should be our main effort, fair ebook prices remain a big issue. I hope that Maryland will once again join the other state's efforts someday. But if even one state were to pass the revised language, it might lead at least to federal action.
Michael
Michael Blackwell
Director, St Mary's County Library
23630 Hayden Farm Lane
Leonardtown, MD 20650
301-475-2151 x5013
Cell phone: 301-904-3048
mblackwell@stmalib.org
