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Library Consortia Begin To Vote Against HarperCollins Ebook Checkout Policy

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By Michael Kelley Mar 7, 2011

Some library consortia have decided to forgo the purchase of HarperCollins ebook titles effective today in the wake of the publisher's decision to set a license limit of 26 checkouts per title and also amid concerns about what may be next. In addition, an American Library Association task force is convening this week in Washington to begin addressing the question of equitable access to electronic content.

Joan Kuklinski, the executive director of the Central/Western Massachusetts Automated Resource Sharing consortium (C/W Mars) which serves 155 libraries, decided last week to suspend, effective today, the purchase of any new HarperCollins titles for the digital catalog, calling the publisher's policy "counter-intuitive" to the consortium's "strong policy of resource sharing."

"The library model has always been you purchase and own it for perpetuity, and I don't think the format should matter as long as rights are being protected," she told LJ. "No one tells a library they have to pull their books off the shelf after a certain number of circulations so why should this be different? They are looking at consortia as a threat, and it's totally the wrong approach," she said.

Checkout limit called 'patently ridiculous'
On March 4, 23 directors in the Upper Hudson Library System (UHLS), a cooperative association of 29 public libraries in New York's Albany and Rensselaer counties, also voted to no longer purchase HarperCollins electronic titles starting today, with some directors calling the 26 checkout limit "patently ridiculous."

"It was pretty clear that the group felt strongly that this was a move that would hurt libraries and library users," Timothy Burke, the executive director, told LJ. "It works contrary to what library consortiums are supposed to be doing. We are trying to stretch that taxpayer dollar, and we understand the profit motive, but sometimes I think they lose sight of the purpose of libraries and consortiums and what we are supposed to do."

The Pioneer Library System, a partnership of nine public libraries based in Norman, OK, has also decided against HarperCollins ebooks, saying on its website that it "cannot, in good conscience spend our limited budget, to repeatedly purchase eBook titles from HarperCollins or any other publisher who enforces checkout limits."

Adri Edwards-Johnson, the coordinator of the Virtual Library, told LJ that the checkout limit was too arbitrary and too low for a product that has no wear and tear. To illustrate the point, she made a video (right) that shows print editions of HarperCollins titles in the library's collection that have circulated more than 26 times and are still in good condition, but which, under the ebook policy, would have had to have been repurchased numerous times. For example, an edition of Metro Girl by Janet Evanovich still on the shelves has been checked out 65 times.

"There's a huge lack of transparency in this process," she said.

Carrie Ottow, chair of the governing board of the Oregon Digital Library Consortium, which has 20 members representing about 80 public libraries, told LJ that the consortium will not be purchasing any more HarperCollins ebooks until the full board has a chance to consider the matter at its next meeting on April 7.

"We don't want to purchase any until we can discuss the implications, especially for the catalog, since if titles expire it will create a huge issue," she said.

The Municipal Library Consortium of St. Louis County (MLC), which consists of nine independent community libraries in Missouri, also voted 8-1 on March 3 to boycott.

"We decided not to purchase any more titles until there's some movement on access and price," Tom Cooper, the consortium's president, told LJ.

Terms of collective purchasing arrangements next target?
In its February 24 letter announcing HarperCollins new policy, OverDrive, the digital book vendor to most public libraries, said that the "size and makeup of large consortia and shared collections" was a concern to publishers and their retail partners, and this vague phrase has spread almost as much concern among consortia directors. They fear that it may lead to limitations on the size or nature of collective purchasing arrangements that are the lifeblood of consortia.

Burke, of UHLS, said that if the right to use an ebook depends on who or where a purchaser was, it could undermine regional access.

"There was just enough information in the letter to really concern us but not enough to know what course of action the publishers would take. It would be a real blow to smaller libraries, which really do rely on resource sharing," he said.

Sarah Houghton-Jan, the assistant director for the San Rafael Public Library who blogs as the "Librarian in Black," echoed this concern:

"Consortium collections are the only thing making digital collections feasible for those of us in public libraries with consortium lending agreements. From discussions with OverDrive about our consortium's contract, it looks (unconfirmed) as though they are going to flat out refuse any cooperative buying and lending models-or charge an arm and a leg for them."

David Burleigh, OverDrive's director of marketing, said the company is not proposing any new rules or restrictions.

"We were communicating concerns we have heard from suppliers, including movie studios and music labels, many of whom have yet to participate in digital lending through libraries," he said. "We will continue to educate them and advocate on behalf of public libraries."

Kulinski, of C/W Mars, said her ebook budget, after subtracting Overdrive's $1000 monthly fee, is about $25,000. Few, if any of their members, could afford to access this service on their own, she said.

HarperCollins wrote in a March 1 letter that it remains "committed to libraries and recognizes that they are a crucial part of our local communities," but Kuklinski said she would not reverse her decision until HarperCollins reverses its decision. "I hope if other library consortia do the same we might have some influence on the publisher," she said.

Meanwhile, Roberta Stevens, the president of ALA, made a plea on Facebook that the organization be given time. The Equitable Access to Electronic Content task force meets in Washington this week, she said, for a working retreat to begin formulating a comprehensive response to the changing ebook market.

"I do not take your concerns about changes in the e-book pricing approach lightly," Stevens wrote. "However, due to the far-reaching and long-term effects, the task force deserves time to gather information and examine the complex issues involved in equitable access to electronic content, including e-books. We will receive their report at the Annual Conference [June 23-28 in New Orleans], and I look forward to our using it, as an association, to formulate actions that will ensure we have 21st century libraries to meet the needs of our users."




Reader Comments (18)


NorthNet Library System (NorthernCA) Overdrive Collection Development committee will review plan to eliminate HC etitles this week.

Posted by Loren MccRory on March 8, 2011 12:26:21AM

How can "purchase and own it for perpetuity" and "Overdrive's $1000 monthly fee" be reconciled? A DRM-locked ebook is not really owned in perpetuity, since you're always beholden to the DRM gatekeeper and/or file format. Looking back, libraries shouldn't have been led to believe that they were buying these ebooks to begin with. But now is a good time to consider whether a rental model makes long-term sense for a library.

Posted by James C. on March 8, 2011 02:09:23AM

You have to take into account the fact that a physical book needs to be replaced, covered, tagged and barcoded, accessioned, affixed with a security label and so forth. eBooks don't need all this manual human labour. So making libraries purchase after 26 times, at a Discounted price, is a fair meet halfway for publishers & libraries, noting that publishers aren't not for profit organisations. All this 'save our taxpayer money' and 'go against anything that demands more money' aggression by libraries could have potentially more hazardous consequences. I fear it could halt the ebook revolution altogether, and ebooks would decline in popularity etc..

Posted by Toni A on March 8, 2011 03:23:53AM

Would it necessarily be a problem if the ebook revolution halted and ebooks declined in popularity? If publishers want to use ebooks as a tool to kill off public libraries, maybe we should be hoping that the ebook revolution will be abandoned sooner rather than later. Why would we want to promote ebooks at all costs?

Posted by Zoe on March 8, 2011 05:31:02AM

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