ETL533 6.2: Issues in Management

Do you know what type of lending models and licences are available for the distribution of literary resources? Have you considered the challenges involved for education/libraries with digital literature licensing agreements? What are some issues involved in DRM, and how can they best be handled?

Once upon a time before I began my teaching career in 2011 I was lucky enough to work at a bookstore. We sold physical books as well as CDs of audiobooks. Life was simple. Life was grand.

Technology has dramatically changed the publishing landscape and while increased accessibility and functionality are definite benefits to readers, new lending models, licences and DRMs have irrefutably complicated the situation for schools and libraries.

We currently pay over $3000 each year to provide our students access to a variety of e-books and audiobooks as part of the Wheeler’s consortium. While it was popular during the period of online learning, it’s less popular now and not exactly what I’d call cost-efficient. We’ve had students request certain books on the Wheeler’s e-platform, but the price of these digital resources is significantly higher than if we were to purchase a physical copy, and we lose access to the resource if we drop our subscription. We’re also having issues with security, since our shared iPads are logging in the first user and not allowing new students to login. If we move to another service we’d be faced with different licencing and DRM models. And if I encourage students to create their own personal accounts for services like Amazon Kindle, it’s wonderful that they can link their Goodreads account and become socially connected, but also problematic that their data is being tracked and potentially sold.

A few weeks ago I had one of our Learning and Support Teachers approach me about getting an audiobook for one of our year 8 teachers to play to her class while they read the physical novel, so that she could wander the room dealing with behaviour issues instead of being stuck reading to the class. Whaddayaknow – it was impossible to source a copy of this text as an audiobook! If we had, we’d have been faced with issues around access (what device to play it on? How long do we have access to it? Do we need a subscription?) and if we wanted to create our own audiobook of the teacher recording herself reading, we’d be in violation of copyright laws. Call me old-fashioned, but I just wanted a CD audiobook that the English staff could keep in their book room to accompany the class set of novels. 
Sometimes I really miss the good old days!

ETL533 6.1: Fair Use vs. Fair Dealing

Why did the judge consider Google’s Book search project to be transformative? What are some of the possible benefits and possible issues with such a project? What are some differences between Fair Use (US copyright law) and Fair Dealing (Australian copyright law)?

As so often appears to be the case with new developments in technology, Google Books is simultaneously democratising and ultra-capitalistic. Google’s aim of bringing literature and research to the masses is a wonderful equiliser which increases access to quality resources, but isn’t purely altruistic or without benefit to the corporate giant behind the move since they stand to profit from advertising and potential future subscription models. I’m no lawyer, but it seems that Google is prevailing on a technicality – namely, that according to US laws a class action must be brought by a ‘class’ or group with similar facts (in this case, I think this refers to similar losses). If I’m understanding this case correctly, the ‘injuries’ or financial losses by the authors involved in the class action are potentially not similar enough for them to be counted as a class, which means that each individual author would have to sue Google separately – and who has the time, money, and resources to go up in a David vs. Googliath battle like this? Google Books is also an internationally accessed resource affecting international authors, though it seems like this case is being decided in US courts under US laws. Since Australia’s Fair Dealing provisions seem more prescriptive than the USA’s Fair Use laws, I wonder what the implications will be for local publishers. I’m also concerned about the possibility that in future, Google can restrict access to these materials again in the name of profit or lock users in to access via certain devices (which, of course, will also financially benefit Google!).