From: James Simon <[log in to unmask]>
Date: Wed, 23 Jan 2019 04:40:21 +0000
The Authors Guild sent a similar cease & desist, as did the Australian
Society of Authors (I suspect more will pile on...).
This piece breaks down the complaint a fair bit:
https://publishingperspectives.com/2019/01/copyright-battle-internet-archives-open-library-authors-guild-society-of-authors/
And a prominent item posted on the Guild's site: "Controlled Digital
Lending Is Neither Controlled nor Legal"
https://www.authorsguild.org/industry-advocacy/controlled-digital-lending-is-neither-controlled-nor-legal/
James Simon
Vice President, Collections and Services
Center for Research Libraries
6050 South Kenwood Avenue, Chicago, IL 60637 USA
773-955-4545 x324
[log in to unmask]
http://www.crl.edu
------------------------------
From: Ann Shumelda Okerson <[log in to unmask] <[log in to unmask]>>
Date: Tue, 22 Jan 2019 19:09:22 -0500
Is the development below a serious threat to the Internet Archive and
participating libraries' Controlled Digital Lending initiative? Will
libraries pull out? Any response to this demand so far, one way or
another? Ann Okerson
On Mon, Jan 21, 2019 at 6:42 PM LIBLICENSE <[log in to unmask]> wrote:
From: "Jim O'Donnell" <[log in to unmask]>
Date: Mon, 21 Jan 2019 09:19:05 -0700
The item below is relayed from Gary Price's invaluable INFODOCKET. The
controlled digital lending project is very interesting and promising as a
way of beginning to open up the hidden 20th century -- the mass of material
that has not been digitized, is unlikely to be digitized, and does not have
accessible rights owners with whom to negotiate. The last claim in the
article here is difficult to reconcile with the practice of CDL, which
holds that at any given moment a library that possesses a print copy of a
book may scan and lend, to one user at a time, a single copy, print or
digital. The links that follow the snippet of article are very helpful
for background and detail on the proposal itself.
Jim O'Donnell
ASU
From The Bookseller:
<https://www.thebookseller.com/news/soa-demands-internet-archive-stops-lending-books-unlawfully-935431>
The Society of Authors has demanded the Internet Archive’s Open Library
stops lending books “unlawfully” online in the UK, arguing the US practice
of Controlled Digital Lending is a breach of copyright.
In an open letter, the trade body urged the San Francisco-based Internet
Archive to immediately discontinue the practice of lending scanned copies
of physical books on its site. “There is no legal basis for the practice of
scanning books without permission or lending them in the UK,” said the
SOA. “Despite this, users in the UK are currently able to borrow scanned
copies of physical books from Open Library. That is a direct and actionable
infringement of copyright.”
The SoA, which represents 10,500 writers, has condemned the practice,
saying: “If widely adopted this form of ‘lending’ could destroy the e-book
market and make it even harder for authors to make a living from their
work.”
Read the Complete Article
<https://www.thebookseller.com/news/soa-demands-internet-archive-stops-lending-books-unlawfully-935431>
Full Text of Open Letter
<https://www.societyofauthors.org/News/News/2019/Help-us-tackle-e-book-piracy!>
*Background*
Libraries and Library Organizations Sign-On to “Controlled Digital Lending
of Library Books” Position Statement
<https://www.infodocket.com/2018/09/28/copyright-experts-publish-two-documents-on-the-controlled-digital-lending-of-library-books/>
& “A White Paper on Controlled Digital Lending of Library Books”
<https://www.infodocket.com/2018/09/28/copyright-experts-publish-two-documents-on-the-controlled-digital-lending-of-library-books/>
& “Position Statement on Controlled Digital Lending” (September 28, 2018)
<https://www.infodocket.com/2018/09/28/copyright-experts-publish-two-documents-on-the-controlled-digital-lending-of-library-books/>
ControlledDigitallending.org
Will ‘Controlled Digital Lending’ Spark the Next Big Copyright Lawsuit? (by
Andrew Albanese, PW)
<https://www.publishersweekly.com/pw/by-topic/industry-news/libraries/article/78972-the-week-in-libraries-january-11-2019.html>
from LJ infoDOCKET http://bit.ly/2FHgomc
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