Online borrowing (e-borrowing) of e-books in public libraries has been highly controversial for years. Bookshops often have to wait up to 12 months before purchasing an e-book license – they don’t feel the conditions are fair. For two years, representatives of publishers, authors and libraries consulted on the “e-Lending Round Table” at the invitation of State Minister for Culture Claudia Roth (Greens). He presented his final recommendations on Wednesday. The focus is on negotiation-based licensing models; Legal regulation is off the table.
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This means that the author and the library individually negotiate the terms of online lending. The “legitimate interests” of everyone involved must be taken into account, result sheet saysDame a search and one opinion poll Predecessor. Authors should receive fair and proportionate remuneration and “the economic performance of publishers as an essential basis for creative work” should also be recognised. The signatories also recognize “the mission of public libraries as an educational and cultural infrastructure” to provide citizens with a wide range of media and information, even in a digital world. E-books, on the other hand, do not have the same “modalities of use” as printed books.
Online lending: Publishers and libraries look to test new licensing modelsDRM as an “appropriate means” for rights protection
If the time between the publication of an e-book and its online availability in libraries is reduced, colleagues advise that this should be taken into account “reasonably economically”. Compared to the paper alternative, e-books are also “more intensively used for loan”, which should also be offset, in theory, by the need for a “significantly improved financing system” for a broader digital offering from public libraries. it occurs. Also, the round table, the results of which are to be reviewed in two to three years, states: Digital rights control management (DRM) is “an appropriate means to ensure access to digital resources in libraries”.
The German Library Association (DBV), which was involved in the discussion, has been campaigning for several years to ensure that libraries are allowed to lend e-books – just like print books – from the day of publication on a legal basis . The Federal Council also spoke in favor of it in 2021. However, the German book trade association stood against such “compulsory licensing” and referred to the existing e-book system “Onlehe”, which is based on voluntary license agreements.
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Library Association disappointed but hopeful
DBV Chairman Volker Heller now regretted that the goal of finding a generally binding, legally stable regulation for lending e-books was “unenforceable”. However, the association still hopes that, based on the agreements, libraries will have “reliable access to publications from the first day of publication.” Keller hopes that “viable models will be developed within the next two years.” He recalled the Traffic Light Coalition’s commitment to creating fair conditions for e-lending.
“The provision of individual titles as e-book rental only after a certain period, so-called windowing, prevents disproportionately high losses in sales throughout the entire value chain,” said Peter Krause vom Kleff, Managing Director of Borsenverein. Defense of the previous point of view. Library budgets should not be cut, but “the budget for digital media should be immediately complemented to make the loan of digital and printed books sustainable.” Roth was pleased: “Together we have managed to bring movement to a debate that has been at a standstill for years.” The licensing model will now have to be developed and tested as part of pilot projects.
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