Download 26 April 2013 - Council of Australian University Librarians

Lending Rights Expert Reference Group
Book Industry Collaborative Council
Principles for Consistent Models for Supply of Ebooks to Libraries
CAUL appreciates the invitation to comment on the Expert Reference Group’s principles for more
consistent models for the supply of ebooks to libraries in Australia.
CAUL is very supportive of the goal to have principles for a more effective supply chain.
Principle:
The Australian book industry should remain committed to enhancing readers’ access to Australian books
and encouraging reading, in all formats.
CAUL strongly supports this principle.
Principle:
Models for the supply of ebooks to libraries should be as consistent and transparent as possible,
simplifying access for readers whilst providing measurable data for authors and publishers and enough
flexibility to suit local publishing conditions and library budgets.
“Ebooks” needs to be defined. University libraries treat the following differently, and there are differences
in the way they are able to access them:
-
etextbooks such as works that are pedagogically structured to support a whole course of
study;
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emonographs such as academic treatises designed for specialist study, not targeted at the
consumer market;
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rreference works such as encyclopaedias, dictionaries, directories etc;
and, for an area of ebooks that university libraries deal little with,
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consumer ebooks, both fiction and non-fiction.
It should also be noted that that the nature of an ebook is changing; for example, more serial
ebooks, multi-authored works, embedded A/V, etc.
CAUL very strongly supports the contention that models should be as consistent and transparent as
possible, but may be different for each different type of ebook.
Measurable and comparable data is vital. Electronic resources within library collections can only be
managed effectively with data that can be analysed. This also requires comparable data between
publishers or publishing platforms. Meaningful data can also be helpful in addressing those
reservations of authors and publishers who may be inexperienced in the electronic environment.
Similar reservations, leading to onerously tight licence conditions, were held in the early days of
publication of electronic journals, fifteen years ago, and these have been largely allayed by
experience and evidence. Licence terms have similarly been relaxed to recognise the reality of a
stable market.
Principle:
The industry must aim to improve the availability of content, providing libraries with a variety of
terms for acquisition and re-use, consistent with the Australian legal framework. The objective must
be to find a viable and sustainable model for all parties so that digital titles are available to libraries
concurrent with market release.
CAUL very strongly supports this principle.
To date, publication and licensing of reference works and academic monographs has generally been
a smooth process, with publishers and libraries working together to find the balance between
outright purchase or other upfront payments and ongoing subscriptions or maintenance fees.
Payment terms recognise the balance between ready availability to the academic community and the
realistic expectation of consumer buying patterns. It is well understood that publishers seldom
expect these publications to find a market outside libraries.
To date, publication of textbooks has been fraught with complexities, not the least of which is how to
find sustainable business, noting that the majority of textbooks are acquired by students, not their
institutions, however eresources are much more effectively managed centrally.
While textbooks are seen as the main revenue generator for relevant publishers, finding the model
that works for the publisher, the consumer and the library or institution must be seen as a priority.
Principle:
Libraries should be assured of access to purchased or licensed titles even if the distributor/publisher
ceases business.
CAUL agrees that the licensed terms of access should continue to apply should the publisher or
distributor no longer be in a position to support that access.
CAUL considers that this contingency would normally be covered by the licence terms, with provision
for a third party supplier, such as Portico or a national library, being able to host the content on its
platform, or for backup copies to be locally loaded either at the time of purchase or as part of the
platform provider’s winding up.
Principle:
Authors and publishers should receive fair remuneration, including a lending right, for each ebook
title licensed or sold to libraries.
CAUL agrees that authors and publishers should receive fair remuneration for ebooks licensed to
libraries, noting that this licence is normally between the publisher and the library, and will detail the
terms and conditions including users, usage and pricing. There is normally a separate agreement
between the authors and the publishers determining the royalties that accrue to the authors.
Terms regarding lending would normally be part of the licence.
University libraries have been licensing ebooks for many years – primarily reference works and
academic monographs, and to a lesser extent (mainly due to lack of supply or onerous licence terms)
textbooks. In all cases the licence determines who can use the ebooks and the terms of that usage.
A separately managed lending right would be redundant. The rights have already been paid for by
the library and the publisher will already have a contract with the author.
CAUL recognises that these conditions may not apply to consumer fiction and non-fiction as supplied
by public libraries, but does not assume that this is the case.
Principle:
Libraries should expect to pay fair and reasonable prices for ebook titles and distribution services.
CAUL supports this principle, and furthermore considers that the prices should be fair and reasonable
to libraries.
Principle:
All digital models should uphold copyright law and ensure adequate and proper rights protection for
authors and publishers against illegal use of their work.
CAUL considers this principle a given.
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CAUL also recognises circumstances in which it might benefit both the rights holder and the licensee
to agree to conditions that may not be supported in copyright laws.
Principle:
The industry should aim to give all library users access to ebooks on a range of devices from across
all platforms, in such a way as to facilitate discovery and maximise choice.
CAUL supports this principle.
Other comments:
There appears to be an assumption that a library purchase must be a displacement of a consumer
purchase, but it is not clear what the evidence for this is. For example,

in what proportion of instances would the unavailability of a book in a library convert to the
purchase of that item?

does this proportion differ according to the type of book – textbooks, consumer fiction and
non-fiction, academic monographs?

how often does the use of library material translate to a purchase of the same book or books
by the same author?
There is an equally compelling argument, also not supported by evidence, that the existence of
libraries encourages a reading culture, therefore more sales of books.
Prepared on behalf of the Council of Australian University Librarians by Diane Costello, CAUL
Executive Officer, with Cathrine Harboe-Ree, CAUL President and University Librarian, Monash
University.
Contact:
Cathrine Harboe-Ree
03 9905 2662
[email protected]
29 April, 2013
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