When looking at the disagreement between the “Big Five” publishers and the ALA over the cost of eBooks both sides raise serious concerns. However, after reading both an Open Letter to Librarians and the HarperCollins Responds to Library eBook Controversy I find myself coming down on the side of the publishing companies.
The free market and supply and demand can make higher prices a reality for consumers. In this case, the consumer or purchaser is a library, the supplier is the publisher, and the demand is for ebooks. This demand has risen in recent years, ebook readership has especially increased in readers aged 18-29. 47% of readers in this age group have used the ebook format (Desilver, 2014). To meet these demands, libraries increased their ebook catalog from 38.3% in 2007 to 67.2% by 2011 (Gould, 2010). This increase in demand can put publishers in the position to raise prices. This may or may not be fair and ethical depending on your perspective, but it is in keeping with the open market.
Ebooks have a lower rate of “friction” than print books and for some publishers many of the loan policies are in line with the lifespan of the average book (Vinjamuri, 2012). Friction, in relation to a library book, is everything from not being turned in on time, the general wear and tear condition, the physical requirements of getting the book, and the delay between returning patron and new patron. Publishers argue that ebooks have little to no friction and significantly less than print books (Vinjamuri, 2012). There is no travel time required to check out an ebook, and missed due dates are a problem of the past for ebook readers as the book returns to the library bookshelf at the end of the loan, unless renewed by the patron. The book is also then granted to the bookshelf of the next person on the waitlist if that applies. As far as the lifespan discussion goes, the specific example discussed, Harper Collins, mentions that the 26 lend policy is roughly the equal of a year’s worth of lending a print book. The point is made that many paperbacks don’t live much longer than that time frame, though one opponent to the pricing and lending policy says the lifespan of paperbacks is closer to 40 or 50 lends (Vacarro, 2014 and Vinjamuri, 2012). Even taking these higher numbers for lifespan into account, the lend vs. lifespan argument loses value when when you look at the policies of other publishers. For example, Penguin Random House books have no loan limits and Macmillan titles are available for 52 lends or two years, which is in line with the projected print book life span.
Despite the reasons or feelings of those on both sides of this debate, the overriding argument is that the current copyright law supports the side of the publisher. Ebook consumers are not actually buying the book, rather they are buying a license to the digital content. In terms of print books, libraries have the Copyright Act of 1909 on their side. This says that after the initial purchase, the original copyright owner can not keep the material from being resold or in the case of libraries, loaned. However, since ebooks are not traditionally purchased and are instead licenses, the first-sale terminology of The Copyright Act of 1909 does not hold true (Vacarro, 2014). So while this may seem unfair to libraries who gain much of their catalog from donations and patron support, the current law landscape supports the rights’ of the publishers to charge the libraries for additional licenses or renewal of already purchased licenses.
It is worth mentioning that the overall situation is actually improved from prior to 2011, when many publishers had limited ebooks available or refused to allow libraries to have access to their ebooks at all. Included below is a summary of the “Big Five” policies on libraries and ebooks as of 2015.
- Penguin Random House have their complete list of titles available for ebook loan. All titles are available under perpetual licensing, so no loan limits apply. However, the cost of the ebook is generally three to four times higher than that of the print version (Maier, 2015).
- HarperCollins Publishers has its entire catalog available for ebook loan as well. Their policy has not changed since the issue first arose in 2011, ebooks are available for 26 loans, then the license must be renewed. The price is generally equal to that of a print book or less.
- Macmillan publishing updated its available ebook list in July of 2014 to include more of their catalog. Titles are currently covered for either two years or 52 lends, whichever comes first. The cost of new titles, those less than 12 months old is $60.00 while older books, published over a year ago are available for $40.00 (Maier, 2015).
- Simon & Schuster updated their policy in 2014 as well, allowing libraries to remove a previously required “Buy It Now” option from the ebook listing. All ebooks have a one-year expiration date on licenses and the prices are higher than the average consumer cost per book (Maier, 2015).
- Hachette Book Group has made its full catalog of ebooks available for library use as of 2013. HBC releases new ebooks at the same time as the print version and the cost covers an unlimited number of single user circulations. However, HBG has no set prices, though the price is generally three times higher than the hardcover print price (Maier, 2015).
References:
Boog, J. (2011, March 2). HarperCollins responds to library eBook controversy. Retrieved from http://www.adweek.com/galleycat/harpercollins-responds-to-library-ebook-controversy/25439?red=as
Desilver, D. (2014, January 21). Overall book readership stable, but ebooks becoming more popular. Retrieved from http://www.pewresearch.org/fact-tank/2014/01/21/overall-book-readership-stable-but-e-books-becoming-more-popular/
Gould, M. (Ed.). (2012). State of America’s libraries report 2012 (Rep.). Retrieved http://www.ala.org/news/mediapresscenter/americaslibraries/soal2012/new focus-on-ebooks
Maier, R. C. (2015, April). Big Five publishers and library lending [PDF]. American Libraries Magazine.
Marwell, J. (2011, March 1). Open letter to librarians. Retrieved from http://harperlibrary.typepad.com/my_weblog/2011/03/open-letter-to-librarians.html
Vaccaro, A. (2014, June 27). Why it’s difficult for your library to lend ebooks.Boston.com. Retrieved http://www.boston.com/business/technology/2014/06/27/why-difficult-for-your-library-stock-ebooks/rrl464TPxDaYmDnJewOmzH/story.html
Vinjamuri, D. (2012, December 11). The wrong war over ebooks: Publishers vs. libraries. Forbes. Retrieved http://www.forbes.com/sites/davidvinjamuri/2012/12/11/the-wrong-war-over-ebooks-publishers-vs-libraries/2/#74b065d11abc