Strengthening Libraries Advances Access to Education and Culture
Original German version here | Blog post by Ben Burmeister (Gesellschaft für Freiheitsrechte, GFF)
For centuries, libraries have fulfilled a central societal function, to secure knowledge and culture and make it available to society. As digitisation progresses, the way in which they can fulfil this task is changing. Unfortunately, libraries are restricted in their digital transformation by the current legal framework. The study published today, written by Prof Dr Katharina de la Durantaye and Franziska Herrmann, highlights the problems of the current eLending regime in Germany and the social added value that is being denied as a result. The authors end with concrete proposals for standards that would strengthen libraries in their digital mission.
While libraries are allowed to purchase and lend physical books at their discretion, digital books are subject to a different, restrictive regulation in Germany, which deviates from European legislation. For eBooks, libraries are forced to negotiate licences. This is done via intermediaries (so-called aggregators). Libraries are in a weaker negotiating position, which is reflected in the range of titles on offer. Many titles are inaccessible for lending; bestsellers can only be offered after embargo periods of up to a year or even longer. In addition, the costs for eLending are far higher than for lending physical books; around 30 % of the costs go to the aggregators as commission alone. These licensing practices significantly impair the eLending system in Germany and weaken libraries in their function as knowledge brokers. “The current practice contradicts the claim of fair participation in education and culture in a welfare state,” argue Prof Dr Katharina de la Durantaye and Franziska Herrmann.
With advancing digitisation, educational and cultural offerings are increasingly being consumed digitally. More than a third of Germans (36%) already read eBooks; among the under-30s, this figure is as high as 50%. In order to play a central role in the digital age, libraries must be empowered to provide an attractive digital offering.
This is not just about upholding the traditional mission of libraries. In times of fear of disinformation, digital libraries could serve as sources of reliable knowledge. Prof Dr Katharina de la Durantaye and Franziska Herrmann argue that eLending would promote social participation. eBooks offer numerous functions that can support people with disabilities. Translation functions also help with language acquisition and digital lending also opens up access to libraries in rural regions. A clear legal framework could activate these opportunities for digital libraries.
The study highlights the weaknesses of the current legal situation and proposes specific reforms. The authors recommend granting libraries the right to acquire licences from publishers on fair terms. They also argue in favour of a copyright exception that enables libraries to digitise works that have not been published as eBooks and make them available for eLending. In order to fulfil the legitimate interests of authors, the authors recommend minimum lending periods in the first year. This could secure the sales market for newly published books. In addition, eBooks could also be remunerated via the public lending right, which, in addition to the licence income, ensures further remuneration according to intensity of use. In order to simplify the negotiation of licences and to make the creation of digital copies more efficient, the tasks should be bundled at a central library.
The study makes a key contribution to the current debate on eLending. Beyond purely economic calculations, the social role and added value of eLending must be recognised and strengthened for a digitalised future.
6 December 2024
