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
>
>