First, I've already written about Controlled Digital Lending (CDL) and clearly that was a place where I spent much time and effort, including the use of CDL for interlibrary loan.
Second, this was the year where we all dove into the CASE Act and the Copyright Claims Court. For me, it felt like the further we got into the year, the clearer the Copyright Claims Court became. It is still developing, so this is an area to keep an eye on.
I'm thankful for the number of people who spoke on the CASE Act this year (some captured below) and the clarity they were able to bring. I also appreciate the questions they asked about the Copyright Claims Court and its relationship to our judicial system.
Relevant posts:
- Crews, Kenneth. (Feb. 2021) Can Fair Use Survive the CASE Act?
- Digitization 101. (July 2021) Webinar: The CASE Act for Libraries
- Digitization 101. (Sept. 2021) The CASE Act and Libraries: 2021 Miami University Libraries Copyright Conference
- Digitization 101. (Sept. 2021) Copyright Chat Live: 2021 Miami University Libraries Copyright Conference
Somehow this year, I found that I could subscribe to receive notices from the U.S. Copyright Office. This is a good way for me to see what they are thinking about, where they are looking for comments, etc. I'm currently subscribed to "CASE Act and Copyright Small Claims Board Updates" and "What's New at the U.S. Copyright Office", and I do not find it to be overwhelming.
Last, while this has nothing to do with copyright, it does have to do with access to materials. In 2021, the Maryland Legislature introduced and passed SB432/HB518 ("Public Libraries - Electronic Literary Product Licenses - Access"). This bill (synopsis):
Requiring a publisher who offers to license an electronic literary product to the public to also offer to license the electronic literary product to public libraries in the State on reasonable terms that would enable public libraries to provide library users with access to the electronic literary product; authorizing the license terms authorizing public libraries to provide access to electronic literary products to include certain limitations; defining "electronic literary product"; etc.
According to Publishers Weekly, "the legislation simply provides that if a publisher licenses an e-book or other digital literary work to the public in Maryland, the publisher must also make a license available to public libraries as well."
While the bill did met opposition, it passed into law, which was good news. However, since then the Association of American Publishers have filed a lawsuit against it, which was expected given their opposition. Now we will have to wait to see what happens next.
The good news is that the Maryland bill sparked similar legislative activity in Rhodes Island and New York. While the Rhodes Island bill died in committee, the New York bill was passed by the Legislature and sent to the Governor to be signed into law. Sadly, Governor Hochul vetoed the bill. Did the lawsuit in Maryland scare her? We may never know for sure, but I suspect the answer is "yes."
This type of legislature has been discussed in other states and I hope more move forward to ensure that ebooks are available to libraries at the same time they are available to the general public. We do know that U.S. Senator Ron Wyden (D-OR) and Representative Anna Eshoo (D-CA) have demanded information from ebook publishers about their library ebook practices. Having the federal government look into this is shining a bright light on publisher practices and I think only good can come from this attention.
Relevant posts:
- Library Futures. (June 2021) Four Questions with Michael Blackwell on Ebook Advocacy
- Digitization 101. (June 2021) New Maryland Legislation on Ebook Licensing
- Library Futures. (Sept. 2021) Library Victory! Wyden and Eshoo demand answers from big publishers
- Library Futures. (Dec. 2021) Statement on the Association of American Publishers Suit Against the State of Maryland
While the dog at the top of this post has nothing to do with copyright, (although she might cause you to smile), she is a reminder to me that we need to look up, clear the cobwebs (or hair) in front of us, and take a good look at that is happening around us. When I started this post, my first that was "nothing has happened", but then I cleared my own cobwebs, looked back through my blog posts, etc., and saw that there has been a lot of good activity this year. And given what has occurred, I expect even more in 2022!
