Tips from the trenches

Abstract

Over time, publishers of ebooks and eAudiobooks have changed the way they offer these materials to libraries. One change is in regards to DRM (Digital Rights Management). DRM is essentially a means to control unlawful use, to prevent online piracy of copyrighted material. DRM can restrict who can access that ebook, curb the amount of ebook content that can be copied or downloaded, limit how long downloads can be stored on a user’s personal device and which applications and/or e-readers that can be used, and impact the clarity or blurriness of the ebook image (Roach, 2023). There is no standard DRM technology. DRM is a form of controlled digital lending, or CDL. Basically, DRM is described as a means to control intellectual property, but is seen as a way to manage digital rights (American Library Association, 2009). A basic tenet of libraries is to provide access to rights-protected content in whatever format that content exists, in a manner that protects both the content creator and the privacy of the user. Proprietary DRM technology and its lack of standards or interoperability among ebook vendors impacts how library users interact with and access digital content, leading to frustration when accessing and reading digital files and worries about how their privacy and use of that content may be tracked. Many library users have been vocal about how DRM has challenged their ability to access information online (Lemmer & Wale, 2016). Libraries are aware of user opinions regarding DRM. Add into the eresource mix the changing landscape in regards to the licensing of content. Licensing eresource content is a form of contract, and eresource librarians may have the responsibility to negotiate such contracts on behalf of their library. Eresource content providers are increasingly employing restrictive or metered licensing models, such as licenses that expire after a specified period of months (generally 12 or 24months) or after a limited number of uses or checkouts. “Increasingly, books are something that libraries do not own but borrow from the corporations that do” (Gross, 2021, p. 1). Heeding the voices of library users and libraries for greater digital access, some states have attempted to legislate such, so that publishers offer “reasonable” ebook licenses to libraries. Maryland passed such a law, but in 2022 it was ruled unconstitutional and unenforceable by a federal court. Tennessee, Rhode Island, and a few other states were considering similar laws. These efforts are being revised in light of the federal ruling on Maryland’s law.