Category Archives: Reaching Readers

Academic Authors Find Larger Audience through Controlled Digital Lending

Posted October 8, 2019

We thank the Internet Archive for permission to cross-post this piece on how controlled digital lending (“CDL”) can benefit academic authors, originally published on the Internet Archive Blogs. CDL is a model in which libraries digitize works in their collections and circulate the digitized title in place of a physical one. For more about CDL, check out our earlier coverage on the topic, including statements from authors in support of the model.

Robert Darnton

For Robert Darnton, the benefit of Controlled Digital Lending to academic authors is obvious: More people can read their work.

As the Carl H. Pforzheimer University Professor and the University Librarian, Emeritus at Harvard University, Darnton has long been a champion of broadening access to information. He also sees the value of making materials more widely available when it comes to his own research outputs.

Darnton has made two of his books, which are both still in print, freely available online: Mesmerism and the End of the Enlightenment in France (Harvard University Press, 1968) and The Business of Enlightenment: A Publishing History of the Encyclopédie, 1775-1800 (Harvard University Press, 1979). Several other of his titles are available to borrow electronically through the Internet Archive’s Open Library.

Eventually, Darnton said he’d like all his titles to be digitized. “I feel it’s in my best interest to reach as large a public audience as I possibly can,” said Darnton. He believes the exposure online helps with the marketing of his books. Indeed, there was an increase in sales of Mesmerism once it was digitized.

Many academics don’t rely on books for income and it’s rare that royalties continue after a few years. “What authors want when that ceases is to reach readers. This is the best way to do it,” Darnton said. “CDL is a good system and a way to really improve people’s access to literature without harming anyone.”

In higher education, resources from one campus library to another can vary widely. Even at Harvard, Darnton said it’s not possible to make all books available—let alone small libraries with limited budgets. Libraries can benefit from interlibrary loans and digital lending can provide even greater relief from isolation for institutions without the means of expanding their collections.

“CDL can make an enormous difference, even for such privileged environments as Harvard,” Darnton said. “There is momentum behind CDL. It is not just the way to go, but the way things are going.”

Q&A With Jeanne Fromer and Christopher Sprigman on “Copyright Law: Cases and Materials”

Posted August 20, 2019

Jeanne Fromer and Christopher Sprigman of NYU Law School recently published their new casebook Copyright Law: Cases and Materials as an open access work. A PDF of the book is freely available to everyone to read and download under a Creative Commons license, and may also be purchased as a low-cost print-on-demand book. Instructors who register on the site can also access model syllabi and participate in a discussion forum.

In this Q&A, we asked them about publishing the casebook openly instead of as a traditional textbook, and the benefits of that decision.


Authors Alliance: Given the many incentives to publish textbooks via traditional channels, why did you choose open access for Copyright Law?

Jeanne Fromer and Christopher Sprigman: As law professors, we are concerned about the high price of law school textbooks. Many of our students are already taking on significant debt to fund their law school education. The high cost of commercially-published textbooks makes a tough situation worse. We wanted to see if we could provide a high-quality textbook, in both digital and print formats, that would provide professors and students with a free or low-cost option.

AuAll: How did you select which Creative Commons license to apply?

JF & CS: We chose a Creative Commons Attribution-NonCommercial-NoDerivatives (CC-BY-NC-ND) license. We selected a non-commercial license because we didn’t want people charging money for a book that we meant to be available for free (or, in printed form, at cost). And we selected a license that restricted derivatives because we did not want people altering our book to express views on copyright law that we would not endorse, while attributing those views (misleadingly) to us. Just to be clear, we are willing to approve most derivative works. For example, we are willing to approve derivatives that re-arrange our materials in ways that particular professors find helpful. All people have to do is email us, tell us what they want to do, and so long as we feel that it fairly represents our views, we’ll approve.

AuAll: What results do you see from publishing your books openly? What do you see as the pros and cons of embracing this model?

JF & CS: Since we released the book a few weeks ago, we’ve learned of adoptions by professors at Cardozo School of Law, Case Western Reserve University School of Law, Harvard Law School, National Law University Delhi, New York University School of Law, Northwestern Pritzker School of Law, Notre Dame Law School, Saint Louis University School of Law, University of California, Berkeley School of Law, University of New Hampshire Franklin Pierce School of Law, and William & Mary Law School. We are very grateful to the professors who have adopted it thus far.

The pros of publishing the book under a CC license are pretty obvious: we get the book out there at no cost for those who download it from our website and at very low cost for those who order a printed copy from Amazon. There another important benefit: we can update our book more frequently than is typical for commercially-published textbooks.

As for cons … it’s difficult to think of any. We don’t think that commercial textbook publishers do much editorial work to make their casebooks better. They are mostly marketing organizations … and, frankly, between us we know most of the people who teach copyright in the U.S. and many who teach it internationally, and we find it easy to reach them. For those reasons, a commercial publisher’s marketing capacity isn’t very useful to us, as it likely would not be to most legal academics.

AuAll: Could you share some lessons learned and/or other suggestions for authors on how they can make their works available in the ways that they want?

JF & CS: One lesson is that it’s fun to write a textbook with a friend! We both enjoyed working on this together. Another lesson is that writing a textbook isn’t quite the slog that people may think it is. We spent a lot of time structuring the book and selecting and editing cases, and doing so gave us a nice opportunity to think anew about which cases – and which parts of cases – were most important and most helpful to students. And then we spent a good bit of time writing the parts of the book that frame the important questions in copyright law. There is a good deal of creativity involved in how you do this … you have to be clear, and thought-provoking, and engaging, and fair. At the end of this process, we’ve produced a casebook that we feel proud of.

AuAll: We are pleased to count both of you among the members of Authors Alliance. Could you say a few words about the value you find as a member?

JF & CS: We both appreciate the work of Authors Alliance, an organization that works on behalf of authors who write to be read. We are both very much in that camp: we’ve written our textbook because we value our role as teachers and scholars, and we want to lower the barriers to students who are interested in learning about copyright law. There are a lot of authors whose motivations are similar to ours, and Authors Alliance speaks for them.


Jeanne Fromer is Professor of Law at NYU, specializing in intellectual property including copyright, patent, trademark, trade secret, and design protection laws. She is a faculty co-director of the Engelberg Center on Innovation Law & Policy.

Christopher Jon Sprigman is Professor of Law at NYU, where he teaches intellectual property law, antitrust law, torts, and comparative constitutional law. His research focuses on how legal rules affect innovation and the deployment of new technologies.

Accessibility Resource Roundup

Posted April 23, 2019
Colorful neon sign of a cowboy on a rearing horse
photo by Jakob Owens on Unsplash

April 23 is World Book and Copyright Day, an annual event organized by UNESCO to promote reading, publishing, and copyright around the world. In that spirit, we’ve compiled this list of resources on the topic of accessibility.

Earlier this month, the WIPO Standing Committee on Copyright and Related Rights (SCCR) held its 38th Session in Geneva. (Although we didn’t attend this session, Authors Alliance has traveled to previous sessions of the SCCR to advocate for reasonable limitations and exceptions to copyright for educational and research purposes.)

One item under consideration at the most recent meeting was the Revised Scoping Study on Access to Copyright Protected Works by Persons with Disabilities. The report, prepared by Professors Caroline Ncube of the University of Cape Town and Blake Reid of the University of Colorado, was based on this 2017 WIPO fact-finding study. It defines various categories of disabilities in order to better identify which formats qualify as accessible for different types of users and analyzes the copyright laws of the 191 WIPO member states in the context of copyright exceptions for persons with disabilities.

In addition to co-authoring the WIPO/SCCR report, Professor Reid also has a new article on Internet Architecture and Disability (forthcoming in the Indiana Law Journal). As the abstract states, “[t]he prevailing doctrinal approach to Internet accessibility seeks to treat websites as metaphorical ‘places’ subject to Title III of the ADA, which requires places of public accommodations to be accessible to people with disabilities. While this place-centric approach to Title III has succeeded to a significant degree in making websites accessible over the last two decades, large swaths of the Internet—more broadly construed to include Internet technologies beyond websites—remain inaccessible to millions of people with a variety of disabilities.”

Also available in pre-print format is the Book Industry Study Group (BISG) Guide to Accessible Publishing (currently in draft for public pre-publication review). This major reference work is a newly updated and greatly expanded edition of the previous 2016 version and contains a comprehensive guide to creating accessible content, a glossary, and a series of “cheat sheets” that break down topics into user-friendly summaries. As the Introduction states, “Maybe someday we’ll be able to stop describing publications as ‘accessible,’ because it will be taken for granted. It’s hoped that this Guide helps us get there.”

Last but by no means least, the International Federation of Library Associations and Institutions (IFLA) has released “Getting Started With the Marrakesh Treaty: A Guide for Librarians.” As we’ve written previously, the treaty creates a set of mandatory limitations and exceptions for the benefit of blind, visually impaired, and otherwise print disabled readers. It requires that contracting states enact copyright exceptions that allow books and other creative works to be made available in accessible formats, such as braille and audiobooks, and to allow for the import and export of such materials. Now that over 50 countries around the world (including the United States) have acceded to the Marrakesh Treaty, the IFLA guide—available in five languages—provides hands-on guidance on international copyright issues to libraries to facilitate availability of materials according to the requirements of the treaty.

For further reading on the topic of accessibility, see also our previous resource roundup, released in the fall of 2018 in connection with our report on Authorship and Accessibility in the Digital Age.

New Empirical Evidence on Digitization and the Demand for Physical Works

Posted March 19, 2019
Open books
photo by Congerdesign | Pixabay license

Authors Alliance members and allies know that we are champions of the opportunities presented by the digital age to generate new audiences and new sources of income for authors by helping connect books with readers. When we weighed in with an amicus brief in the Google Books case, we supported the position of authors who wanted their books to be discoverable through full-text searchable databases such as Google Book Search. We shared how Book Search helps readers to discover works, increasing the chance that books will find new audiences and markets as well as promoting the intellectual legacies of authors who wrote them.

New empirical research by Abhishek Nagaraj, Assistant Professor at UC Berkeley-Haas, and Imke Reimers, Assistant Professor of Economics at Northeastern, supports these arguments. Using data from Harvard libraries, the NPD (formerly Nielsen) BookScan database, and the Bowker BooksInPrint database, Nagaraj and Reimers investigated the effect of the Google Books project’s digitization of pre-1923 books from Harvard University’s libraries on demand for physical works. In Digitization and the Demand for Physical Works: Evidence from the Google Books Project, Nagaraj and Reimers present their findings, concluding:

Digitization hurt loans within Harvard but increased sales of physical editions by about 35%, especially for less popular works. Rather than cannibalizing demand, digitization might benefit copyright holders through increased discovery of less popular works.

Nagaraj and Reimers’ research contributes important empirical evidence to debates about the effect of digitization on the market for works. As the authors suggest, instead of serving as a market replacement, the availability of digitized copies may increase demand for print versions, especially for less popular and out-of-print works.

For more details about Nagaraj and Reimers’ data, methodology, and findings, click here to read the full article.

Authors Speak Out in Favor of Controlled Digital Lending

Posted February 4, 2019

In September 2018, Authors Alliance joined with other organizations including the Digital Public Library of America, Internet Archive, and UC Berkeley Library to sign on to a statement in support of Controlled Digital Lending (CDL). CDL offers a good-faith interpretation of copyright law for libraries considering digitizing works in their collections and circulating the digitized title in place of a physical one. The statement is accompanied by an in-depth white paper by David Hansen and Kyle K. Courtney analyzing the legal arguments for CDL.

Under the CDL’s digitize-and-lend model, libraries make digital copies of scanned books from their collections available to patrons (the hard copy is not available for lending while the digital copy is checked out, and vice versa). A library can only circulate the same number of copies that it owned before digitization. Like physical books, the scanned copies are loaned to one person at a time and are subject to limited check-out periods.

System design choices and collection decisions, like selecting books that are orphaned (works for which the copyright owner cannot be identified or located), books that are out of print, or books that are non-fiction or primarily factual enhance the fair use arguments that underpin CDL. As Hansen and Courtney explain, CDL is “not meant to be a competitor to Overdrive, nor a replacement for licensing e-books of best-sellers or other currently licensable e-book content,” but CDL is particularly helpful to “address access to the large number of books published in the ’20th Century black hole’ that have little hope of otherwise bring made available to readers online.”

Libraries are now using CDL to lend books, so we asked our members to share their views on their books being made available through CDL. Here’s what they had to say:


CDL benefits authors, readers, and researchers

I was thrilled to see one of my books available through Controlled Digital Lending at the Internet Archive. It’s an older book that’s relatively hard to find, and I’m so pleased that people can get access to it today. CDL is an excellent way for authors like me to reach readers. But it’s also a way for authors to do research without having to visit remote archives or libraries. I’ve done a great deal of historical research on out-of-print books and periodicals through CDL programs, and I’m incredibly grateful for it.

– Annalee Newitz
Author and Journalist



CDL helps to increase access to
out-of-print and otherwise unavailable works

Controlled Digital Lending provides authors with an opportunity to reach a broad public, especially if their books have gone out of print. It does not cut down on their royalties any more than sales to libraries do, and by making works widely available, it can give them new life. Several of my books are accessible through CDL, and I am delighted with the result.

– Robert Darnton
Professor of History and University Librarian Emeritus, Harvard University



CDL is a reasonable interpretation of fair use

CDL is beneficial for all authors whose readerships are not served by the narrow interpretation of the fair use doctrine that is the foundation of various objections to CDL. Library lending must move forward into the digital future, and part of that future is getting more authors’ works into the hands of more readers, which CDL helps to make possible. Only a few authors’ needs are served by restrictive models of access: most of us need all the help we can get connecting readers to our works! In addition, libraries are among the most important institutions in contemporary society, representing freedom of access to information. How many other ideals-driven public institutions are as alive as the library world? The CDL is an important 21st century expansion of that mandate. Let objecting authors remove their works, and let the rest of us share our books with the reading public through library systems.

– Megan Prelinger
Author
Inside the Machine: Art and Invention in the Electronic Age (W.W. Norton, 2015)
Another Science Fiction Advertising the Space Race (Blast Books, 2010)



CDL can alleviate the gaps in availability
brought about by overly long copyright terms

In the treacherous, fearful underworld of Rights and Permissions I am often confused: I know that the Evil Mouse, manipulating the late Rep. Sonny Bono and others, extended copyright beyond reason. My feeling is that if my books bring royalty money to my children after I am gone, that is good. But as to my grandchildren—I love them beyond measure, but let them write their own books.

I don’t want to deprive any fellow-writers of income from their creations. Those property rights sometimes conflict with the author’s desire—strong in us poets—to be read. Those conflicting values: to be valued, and to be read—are part of what makes the terrain so scary.

May Controlled Digital Lending, as a protective guide there, be wisely Controlled.

– Robert Pinsky
former U.S. Poet Laureate



CDL helps authors reach audiences

I write so that people will read my books. That’s reason enough for me to support CDL.

– Paul Brest
Former Dean and Professor Emeritus (active) at Stanford Law School

Authorship & Accessibility Resource Roundup

Posted November 13, 2018

Photo of a maze and Authorship and Accessibility title on a green background

As a supplement to our recently released report on authorship and accessibility, we have compiled this list of resources that explain how authors can make their works more accessible in a variety of media formats. It is our hope that these resources will amplify the message of the report and encourage authors to make accessibility a part of their workflow when creating digital content.

 

Books

Dave Gunn, Accessible Books Consortium: Accessible eBook Guidelines for Self-Publishing Authors

This explanation of how to create accessible e-books isn’t just for self-published authors; it is useful for anyone wishing to create a digital book with accessible features. These guidelines define key terms and explain how to make e-books accessible for a range of platforms, including Amazon’s Kindle, Apple’s iBooks, and Barnes & Noble’s Nook Press. A checklist at the end provides a handy summary of the material.

Apple: iBooks Authors: How to Make Your Books Accessible

This guidance describes how to include descriptions of images and objects in iBooks and provides other handy tips for creating accessible iBooks.

 

PDFs and Documents

Adobe: Create and Verify PDF Accessibility (Acrobat Pro)

Adobe’s detailed guide to PDF accessibility explains how to create accessible PDFs and check the accessibility of existing PDFs. Adobe guides you through setting a logical reading order, checking color contrast, tagging images, and everything in between.

National Center on Disability and Access to Education: Creating Accessible PDF Documents in Adobe Acrobat

This one-pager and accompanying video explain how to use Adobe’s accessibility wizard and address common issues.

Microsoft: Microsoft Accessibility Center

Microsoft has also created a suite of accessibility guides for their products, including Word, Excel, and PowerPoint, that explain common issues (such as handling images and links) and how to correct them.

National Center on Disability and Access to Education: Creating Accessible Microsoft Word Documents

This one-pager was last updated in 2018 and provides quick tips on using heading styles, alternative text, and other features in Microsoft Word to make documents more accessible.

 

Video

University of Washington: Creating Accessible Videos

This guidance provides an overview of video accessibility, including information about captions, transcripts, and audio descriptions. It also links to instructions on how to make accessible videos on a variety of platforms, including YouTube, Panopto, Canvas, and Facebook.

YouTube: Add Your Own Subtitles & Closed Captions and Use Automatic Captioning

YouTube’s tutorials explain how to create and upload closed captions to YouTube videos and how to review and make changes to YouTube’s machine-generated captions.

National Center on Disability and Access to Education: Captioning YouTube Videos

This one-pager and accompanying video were last updated in 2018 and explain how to add and edit captions on YouTube videos.

 

Images

Benetech: DIAGRAM Center Image Description

This guide from accessibility nonprofit Benetech explains how to correctly describe images to print-disabled users—very useful for providing helpful alt text and other descriptions that include necessary information while leaving out details that can confuse screen reading tools.

 

Mathematical Equations

DIAGRAM Center: Accessible Math

Another excellent resource from Benetech, this guide explains how to make printed mathematical equations and diagrams accessible to readers with limited or no vision.

 

Websites

W3C: Web Accessibility Tutorials

Last but not least, this collection of tutorials for website accessibility is presented by WC3, the international standards organization for the World Wide Web.

 

Authorship & Accessibility Guest Post: Blake Reid

Posted October 2, 2018

Photo of a maze and Authorship and Accessibility title on a green background

We would like to thank Blake Reid of the University of Colorado Law School for the following review of Reading Sounds: Closed-Captioned Media and Popular Culture by Sean Zdenek.

photo of Blake Reid standing next to a fenceI’m delighted to join my colleagues at Authors Alliance with this contribution to their ongoing series on Authorship and Accessibility, an outgrowth of a collaboration between Authors Alliance, Silicon Flatirons (where I’m a faculty director), and the Berkeley Center for Law & Technology, which held a roundtable on the topic with technologists, authors, academics, lawyers, and disability advocates in Berkeley last year, summed up in this report co-authored by my students in the Colorado Law Samuelson-Glushko Technology Law & Policy Clinic.

By random chance, my first advocacy project as a lawyer was working for Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI) and a coalition of deaf and hard of hearing consumer groups and accessibility researchers on closed captions for online video as a part of the Federal Communications Commission’s implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). Ever since, I’ve been fortunate enough to spend a lot of my life as a clinical fellow and law professor working on the law and policy side of the wonderful world of closed captioning.

Consumer groups and advocates have long been concerned about the quality of the captions that convey the aural components of video programming to viewers who are deaf or hard of hearing with video programming. While inaccurate and incomplete captions are often the butt of jokes, they aren’t so funny for people who are deaf or hard of hearing and rely on captions to understand the aural component of a video. For example, a single wrong letter on news captions might mean the difference between a story about a war in Iraq and a war in Iran.

That’s why consumer groups have fought hard for caption quality. Those efforts culminated in the FCC’s 2014 adoption of wide-ranging caption quality standards for television, which require captions to be accurate, synchronous, complete, and properly placed on the screen.

The FCC’s rules aim primarily at establishing a baseline of compliance to ensure that captions deliver a transcription of a program’s soundtracks that is as close to verbatim as possible given the unique attributes of sound and text. There are lots of good reasons that advocates have focused on verbatim captions over the years; in addition to incomplete and incorrect captions, there is a lengthy and complicated history of simplifying and censoring the content of captions, which most recently entered the public eye in the context of Netflix’s censorship of captions on the rebooted Queer Eye for the Straight Guy. Verbatim is a principle that corresponds neatly to the goal of equal access: the captions should give viewers who are deaf or hard of hearing as near an equal experience in watching video programming as their hearing counterparts listening to the soundtrack.

However, advocates have also long urged their counterparts in the video industry to take captions seriously not just as a matter of accessibility, but as a matter of creativity. If filmmakers obsess over every aspect of a movie’s cinematography and sound design, why not the captions? In a production that spends millions of dollars to get all the details right, captions that are front and center for a film’s deaf and hard of hearing audience shouldn’t be an afterthought—they should be a core part of the creative process.

Sean Zdenek’s 2015 book Reading Sounds is one of the first efforts to rigorously explore the creative dimensions of captioning. Zdenek, a technical communication and rhetoric professor, endeavors to explore captioning as “a potent source of meaning in rhetorical analysis” and not simply a legal, technical, or transcription issue.

Zdenek’s exploration is an essential encyclopedia of scenarios, showing how captioning leaves creative choice, nuance, and subtlety to captioners and filmmakers. While captioning spoken dialogue seems on first blush to pose a relatively straightforward dialogue, Zdenek identifies nine (!) categories of non-speech information that are part of soundtracks, including:

  • Who is speaking;
  • In what language they are speaking;
  • How they are speaking, such as whispering or shouting;
  • Sound effects made by non-speakers;
  • Paralanguage—non-speech sounds made by speakers, such as grunts and laughs;
  • Music, including metadata about songs being played, lyrics, and descriptions of music; and
  • Medium of communications, such as voices being communicated over an on- or off-screen television or public address system.

Tricky scenarios abound. What if one speaker is aurally distinct from another, but his or her identity is unknown? (Imagine Darth Vader being identified as “Luke’s Father” in the early going of The Empire Strikes Back.) How should a captioner describe the unique buzzing sound made by Futurama’s Hypnotoad? How should the captioner describe an uncommon dialect that may not be familiar to a hearing viewer, or which may have been invented by the filmmaker? What are the lyrics to “Louie, Louie,” exactly?

Zdenek expands into a variety of other problematic scenarios such as undercaptioning (the omission of non-speech sounds), overcaptioning (making prominent the exact content of ancillary speech happening in the background that a hearing viewer may be unable to parse precisely), and transcending the context of a scene to convey information that the viewer shouldn’t know. Delayed captions are all too familiar to deaf and hard of hearing viewers, but Zdenek explores the subtle relationship between caption timing, punctuation, the spoilage of time-sensitive elements afforded by the ability to read ahead of the dialogue, such as reading the aural punchline to a visual setup, and the inadvertent creation of irony by captions that linger on the screen for too long. Zdenek even highlights the need to caption silence in dynamic contexts, such as a phone ceasing to ring or a person mouthing inaudible dialogue—scenarios that call to mind the controversial “silent” scene in The Last Jedi, which many hearing theater-goers were sure was a glitch but was an intentional choice by director Rian Johnson.

Zdenek also explores the role of captions in situating video in broader cultural contexts. For example, should a captioner identify a narrator who is a well-known actor with whom the audience will likely be familiar but who is uncredited in the film? How should music, such as the iconic NBC chimes, be described in text? And how can captioners be trained to capture cultural significance—especially if a captioner is a computer program converting text to speech automatically?

Zdenek does not offer complete solutions to all these questions and scenarios. But he extrapolates in unsparing detail (much of it presented in audiovisual context on the book’s companion website) how they arise and what considerations captioners and filmmakers might take into mind in thinking not just about how to comply with captioning law, but how to author captions.

In doing so, he has also created a compelling reference for lawmakers and policy advocates to develop a richer, more nuanced understanding of the role that captions can play in advancing the civil rights of Americans who are deaf or hard of hearing to access video programming on equal terms. Zdenek is identifying dimensions of captioning that the next generation of video accessibility policy needs to consider and address.

Blake E. Reid studies, teaches, and practices in the intersection of law, policy, and technology. He is an Associate Clinical Professor at Colorado Law, where he serves as the Director of the Samuelson-Glushko Technology Law & Policy Clinic (TLPC) and as the Faculty Director of the Tech Policy Initiative at the Silicon Flatirons Center.

Authors Alliance Supports Controlled Digital Lending By Libraries

Posted September 28, 2018

woman sitting in a chair holding an e-reader

photo by Pexels | CC0

Today, Authors Alliance joins a group of organizations, including the Digital Public Library of America, Internet Archive, and UC Berkeley Library, to endorse the Position Statement on Controlled Digital Lending by Libraries. The statement offers a good-faith interpretation of copyright law for libraries considering digitizing works in their collections and circulating the digitized title in place of a physical one. Today’s release of the statement is accompanied by an in-depth white paper by David Hansen and Kyle K. Courtney analyzing the legal arguments for CDL.

For centuries, libraries have provided free access to books to their patrons. Ownership of books gives libraries the right to lend their copies and make them available on bookshelves without seeking copyright owner permissions. In the digital age, libraries have an interest in continuing this time-honored tradition by scanning physical copies of books in their collections and making digital copies available for lending on the same types of terms as they have done with conventional books.

Controlled Digital Lending (“CDL”) is an example of how new technologies can be harnessed to help authors share their creations with readers, promote the ongoing progress of knowledge, and advance the public good. Many authors face technical, legal, and financial barriers that prevent them from sharing their works more widely. When easily accessible online version of their books are not available, their books are effectively locked away, creating a chasm in the public availability of important works.

Under the CDL’s digitize-and-lend model, libraries make digital copies of scanned books from their collections available to patrons (the hard copy is not available for lending while the digital copy is checked out, and vice versa). A library can only circulate the same number of copies that it owned before digitization. Like physical books, the scanned copies are loaned to one person at a time and are subject to limited check-out periods. System design choices and collection decisions, like selecting books that are orphaned (works for which the copyright owner cannot be identified or located), books that are out of print, or books that are non-fiction or primarily factual enhance the fair use arguments that underpin CDL. As Hansen and Courtney explain, CDL is “not meant to be a competitor to Overdrive, nor a replacement for licensing e-books of best-sellers or other currently licensable e-book content,” but CDL is particularly helpful to “address access to the large number of books published in the ’20th Century black hole’ that have little hope of otherwise bring made available to readers online.”

For these reasons, CDL is particularly beneficial for authors whose works are out of print or otherwise commercially unavailable: In the absence of digitizing and lending these books, many would simply be inaccessible to readers. In fact, some Authors Alliance members have taken the extra step to regain the copyrights to their books from their publishers and make them openly available online, including through HathiTrust, Google Books, and Internet Archive’s Open Library, without one-person-at-a-time lending restrictions. Others have negotiated with their publishers to make open copies of their works available from the moment of publication. These authors are often motivated by their desire to reach readers and promote the dissemination of knowledge and culture beyond the commercial life of their books, or to reach readers whose access to these works is otherwise limited.

Sidonie Smith, Professor of English and Women’s Studies at University of Michigan, regained rights to her 1987 book A Poetics of Women’s Autobiography: Marginality and the Fictions of Self-Representation several years ago. Smith now makes the book available to the public under an open access license, allowing her to reach readers and scholars around the world. According to Smith, this decision means that her book can “live more vibrantly in the public and academic spheres. Through that access I can share ideas more directly with emerging scholars in my fields of autobiography studies and feminist studies of women’s literature; support students and faculty around the globe in their engagement with life writing capaciously defined; and contribute in a small way to the project of educational justice that makes scholarly resources available across differently situated institutions of higher education.”

Robert Darnton, Professor at Harvard University, also opened up access to the first two books he published and made them freely available online after he successfully reverted rights. At the time, he described how distributing works in this way allows authors to “ensure[] that your work’s continuing impact and relevance are not limited by its commercial life.”

While reverting rights, terminating transfers, or negotiating for open terms may be an option for some authors to fully open up access to their works online, the fact remains that millions of books—especially those that have fallen out of print—are, for all intents and purposes, unavailable. The CDL model is a boon to the authors of these and other books, allowing them to find new audiences online.

For all of these reasons, and those outlined in the Position Statement on Controlled Digital Lending by Libraries, Authors Alliance endorses CDL as a beneficial tool for readers and authors alike.

 

 

Authorship & Accessibility in the Digital Age: A Roundtable Report

Posted September 11, 2018

Photo of a maze and Authorship and Accessibility title on a green background

photo by Chuttersnap on Unsplash

The Internet has opened up the opportunity for creators to reach worldwide audiences. Authors can transmit digital creations in a matter of seconds by simply uploading an article or ebook, sharing a video, or posting a blog entry. But authors can reach an even wider audience if their digital creations are accessible to those with disabilities. Notwithstanding significant strides made toward making digital content more accessible over the past decade, the prevalence of inaccessible digital content continues to be problematic.

Last fall, Authors Alliance, the Silicon Flatirons Center, and the Berkeley Center for Law and Technology convened a group of content creators, technologists, attorneys, academics, and advocates to discuss the role of creators in making digital works more widely accessible to people with disabilities.

The roundtable discussion focused on the unique role authors, educators, and libraries play in making digital works accessible; the benefits, obligations, and barriers around accessibility; the availability of authoring tools that facilitate accessibility; and the gaps for digital accessibility that technology and policy might fill.

That conversation led to the creation of the report, Authorship and Accessibility in the Digital Age, which distills these topics into a concise summary of the current landscape, as well as recommendations for further action. We gratefully acknowledge the support of the Silicon Flatirons Center and the Berkeley Center for Law and Technology in making the roundtable and the report possible. We would also like to thank Angel Antkers, Susan Miller, and Sophia Galleher, student attorneys in the Colorado Law Samuelson-Glushko Technology Law and Policy Clinic, for their role in authoring this report; and Rob Haverty at Adobe Document Cloud for his assistance in creating an accessible pdf.

The full report can be downloaded here.

 

Rights Reversion Success Story: Dale Cannon

Posted March 27, 2018

Photo of Dale CannonDale Cannon is Professor Emeritus of philosophy and comparative religion at Western Oregon University. In March of 2017, he reverted rights to his religious studies textbook, Six Ways of Being Religious and made the book available under a Creative Commons CC-BY-NC license in Western Oregon Library’s Digital Commons open access repository. During the past year, the book has been downloaded nearly 600 times. Professor Cannon shared his rights reversion experience for us in the following Q&A.

Authors Alliance: How did you first learn of rights reversion?

Dale Cannon: I first learned of rights reversion at a workshop/conference I attended for textbook authors the year after my book was published (1996).  It was all new to me.  The one thing that particularly stood out was the claim that absolutely none of the polished contract that I had received from Cengage Learning (at the time it was operating under the name Wadsworth Publishing) was “written in stone;” every word of the contract had been open to negotiation. (That, of course, doesn’t mean that Cengage would have readily accepted a rights reversion clause that favored my interests.)  About such matters I was completely naïve when I signed the contract.

I believed at the time that Cengage/Wadsworth was the best publisher I could have secured, as they had a track record of publishing several books closely related to the orientation and content of my book, and their publishing campaigns for those books seemed ideal.  So I’m skeptical that I would have had much leverage to get them to include a rights reversion clause, especially one favoring my interests.

AuAll: What motivated you to request your rights back?

DC: Several factors motivated my request.  One is that the book wasn’t selling well, due to a failure on Cengage’s part to mount a major sales campaign (as had been promised by my editor, who left the company shortly after the contract was signed).  The editor subsequently assigned to my book had no interest in books on religious studies and ignored the previous editor’s enthusiasm and promises.  On top of that, the original price of about $27.00 had long since been left behind and was 3 and 4 times that by the early years of the 21st century.  But I was very interested in having the book become better known and more widely used in university classrooms.  It wasn’t simply a textbook in the comparative study of religions; it was distinctly different and broke new creative ground in the theory of religions.

I have since learned more about self-publishing and how attitudes among academics toward self-publishing have changed a lot and become much more positive.  Of course, I could not consider any such option until I had rights reverted to me.

AuAll: How did you go about requesting a rights reversion?

DC: I simply wrote to the editor (14 years after publication) requesting reversion of rights, explaining how sales had been very low for quite some time (especially for a textbook), with no prospect of that changing.  Clearly my publisher wasn’t making any money on the book, so warehousing remaining copies was becoming a problem, not to mention the prospect of a reprinting.

AuAll: Were you eligible to exercise a clause in your contract granting reversion rights?

DC: There is a clause in the contract entitled “Reversion of Rights,” that seems to be entirely conditional upon the book being “declared out of print in the United States” plus 90 days after such declaration.  I did not appeal to this clause of the contract when I wrote requesting reversion.

AuAll: Did you face any obstacles in getting your rights back?  Is there anything you wish you’d known going into the process?

DC: I did not face any obstacles.  I received communication back from my request within a week, as I recall, and the official reversion of rights within about a month.  The persons with whom I had communication regarding reversion were all cordial and easy to work with.  There is nothing I would have preferred doing differently regarding the process.

AuAll: What advice do you have for other authors who might want to pursue a reversion of rights?

DC: There are several different circumstances that need to be taken into account.

Before the contract is signed, by all means try to have a reversion of rights included in the contract.  Do some research and have some alternative models at hand for how it might be worded.  Do take the publisher’s interests into account and, if possible, provide reasons for reversion that not only will be understandable to the publisher but also make it attractive to them.  Be prepared to go to another publisher.  It would be best if you have another acceptance offer in hand, or at least the strong likelihood of one.

After publication, a reversion of rights, in a situation where there is not a strong reversion of rights clause with clear conditions that are met, there should be no problem.  If there is no such clause, then you would need to establish that it would be in the publisher’s best interest to revert the rights to you—which could be a very tall order, unless the future prospect of sales, etc., is very dim, as was the case for me.

AuAll: How has the reversion helped you?  What have you been able to do with your book since reversion?

DC: Reversion has given me freedom to do what I want with Six Ways of Being Religious, including publishing it myself, and possibly finding another publisher. Currently, I have chosen to have it digitized and published on my university’s digital commons.

Since doing so, it has been downloaded more than 500 times in many different countries around the world.  I am considering offering print-on-demand and possibly an ebook version, both for a small price.