Publishers refuse to sell popular ebooks to public libraries

Ebook Strategy and Public Libraries: Slow Just Won’t Work Anymore. [Pat Losinski] Our ebook strategy needs a serious overhaul, and it needs to happen right now. First, Overdrive should be applauded for having the vision – long before anyone else – that ebooks would one day penetrate and gain a strong foothold in the public library marketplace. Without the network and conduit to publishers Overdrive has created over the last 25 years, public libraries would have been even farther removed from the dynamic world of ebook lending. That said, we are now subject to a virtual monopoly with one vendor/aggregator dictating the rules of engagement for the dissemination of commercial digital content to the public we serve.Second, we are all aware that several major publishers have refused to sell commercial digital content to public libraries via ebook aggregators.
After more than 100 years of public libraries circulating materials to users, we are no longer able to provide access to critical content that now exists in digital form. With many public libraries willing to offer a “buy it now” option on their online catalog for waitlisted ebooks, you would think that publishers would welcome this new commercial tack. I’ve yet to convince the publishers reluctant to sell us ebooks that this is indeed a win/win. Even though we have all done a great job of redefining public library roles through the addition of homework help and job help centers, technology training, community programming, etc., these activities are the 20 percent of our 80/20 rule. Our bread and butter for as long as anyone can remember has been that our users visit us, gather and check out content, leave our facilities to consume this content at another time and place, and return the content when consumed or prompted for its return. Ebooks change this dynamic and their growth will have a dramatic impact upon our service delivery for the future. Do we own or lease this commercial digital content?
Despite the efforts of the Kansas State Library, most of us are leasing access to ebooks through Overdrive as opposed to buying the content. While we haven’t quite determined how to reach the win/win formula for ebook aggregators and public libraries, Harper Collins 26 circulations model may end up being the best option for preserving the economics that will incentivize publishers to work with public libraries.Some of the most innovative ebook pilots to challenge the current state of ebook aggregator dominance (such as the Douglas County model) tout ownership of ebooks as paramount. But how do we provide access when a publisher just says “no” and refuses to sell to public libraries?
The National Digital Public Library (NDPL) forum held in Los Angeles last year was a good first step in moving the discussion to the public library sector (NDPL summary: America’s Digital Future: Advancing a shared strategy for digital public libraries). On June 8, 2012, a group of public library leaders met at CML to discuss options for determining a strategy that will ensure public access to all commercial digital content (ebooks, audiobooks, etc.). Embedded in this strategy was the decision to NOT focus on ebook business models, new pilots, or improved technology.

• How might we ramp up a standardized national education program to explain the inequities of digital access to the general public?
• Should we actively engage in discussions with members of congress to educate them on the rapidly forming chasm between digital haves and digital have nots?
• Could a clearinghouse or repository of ebook innovations be created to assist with activities 1 and 2?
• How do we bridge and disseminate the ebook development efforts of national associations and other initiatives by state library associations and entrepreneurial libraries?
• How do we expand upon the conversations between many public library leaders in our largest institutions (and/or those working in concert with library associations) and reluctant publishers?

We need to assure publishers that “one digital copy/one digital user” is a working model. And that public libraries pay for content (too many publishers still think we get content for free), support copyright compliance, and serve as a network of national ebook discovery portals that supports the commercial interests of authors and publishers. I’ve spoken to numerous groups and countless library customers about the lack of access resulting from publishers’ refusal to sell popular ebooks to public libraries. Almost universally, the response is “That’s not right,” or “What can we do about this?” When told about this scenario, a recently-retired, long-time member of Congress, said, “That’s a restriction of free trade.” I’m not sure if he’s right, but it illustrates yet another example of possible interpretations surrounding the ebook marketplace.
We can’t afford to continue to passively accept one-sided propositions from the publishing industry. The legislative or judicial path we must pursue will not be easy. As public librarians, we must rededicate ourselves to advocate for the public that has counted on us to do so throughout our history. Without such action, we just might be the next Borders or Blockbuster.