THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12230
Bernard A. Margolis
State Librarian and Assistant Commissioner for Libraries
New York State Library
10C34 Cultural Education Center
Albany, New York 12230
Email: bmargolis@mail.nysed.gov
Tel. (518) 474-5930
Fax (518) 486-6880
I thought you might be interested in a letter which I have sent to Keith Michael Fiels, American Library Association, Mary Ellen Davis, Association of College and Research Libraries and Charles B. Lowry, Association of Research Libraries. I have also attached the letter of July 29th to the U.S. Department of Justice for background.
Please join me in advocating for actions which will improve the Google Book Project Settlement as it relates to library principles, values and services.
Bernard A. Margolis
State Librarian and Assistant Commissioner for Libraries
New York State Library
New York State Education Department
Albany, New York 12230
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August 21, 2009
Keith Michael Fiels, Executive Director, American Library Association
Mary Ellen Davis, Executive Director, Association of College and Research Libraries
Charles B. Lowry, Executive Director, Association of Research Libraries
Dear Colleagues:
I have read with interest and concern your July 29th letter to Deputy Assistant Attorney General William F. Cavanaugh regarding the Google Library Project Settlement. I am disappointed with the final positions articulated regarding this very important matter. I want to urge your consideration of a stronger position reflecting both the critically important principles of access as well as the economic realities faced by your members (individual and institutional).
Robert C. Darnton of Harvard has stated so simply and clearly the view that “…the settlement contains too many potential limitations on access to and use of the books by members of the higher education community and by patrons of public libraries.” I echo his concerns and believe that the potential remedy is for the Department of Justice to recommend and the Court to accept changes to the proposed settlement. I do not believe it is enough to simply suggest oversight without clearly addressing at least some of the issues which are of such critical concern and importance. Without presuming that I have all the answers, I would like to list some of the settlement outcomes which I hope you will individually and jointly consider conveying to the Department of Justice.
1. Clarify the settlement to mean that free Public Access Service (PAS) in public libraries is not specific to one (1) PAS terminal, but rather available anywhere/everywhere in the library building.
2. Expand the settlement terms to require free Public Access Service (PAS) for every school library or school library media center, if requested.
3. Expand the settlement terms to require free Public Access Service (PAS) to every State Library or State Library agency, if requested.
4. Expand the settlement terms to require free Public Access Service (PAS) to every public law library and every public medical or health library, if requested.
5. Require that the Books Rights Registry include library community and public representation.
6. Require that Google post and list the books which it has chosen to NOT make available in the Institutional Subscription Database (ISD) with a description of the reason for exclusion.
7. Require that libraries be reimbursed a portion of the reasonable per-page fee set by the Books Rights Registry for the printing of pages viewed through the free Public Access Service or from the Institutional Subscription Database viewed at any library. This would cover the costs incurred by libraries for computing and printing equipment and necessary maintenance and supplies.
8. Require that Google be prohibited from retaining any individual user or patron information collected from any use of the Public Access Service or Institutional Subscription Database at any library.
9. Require that if a library can demonstrate that it has purchased complete access rights to any copyrighted work that the full text be available through Google to the library’s users with no further costs.
10. Require that every public, academic and school library be permitted a reasonable annual allowance of per-page printing without cost to the library or user.
11. Require that the price to be set for academic library use of the Institutional Subscription Database be based, as proposed, on the number of full-time equivalent users but also must consider other unique factors, including library partnerships and that an additional reasonable price be set for full statewide and/or regional access to the ISD.
12. Require that Google engage library community members to implement efforts, beyond those commercially available, in order to fully serve all those with print use disabilities.
13. With regard to the economic provisions, require that any excess revenues which might accrue to the Books Rights Registry be returned to those subscribing to the ISD in the form of lower subscription rates and that a mechanism be put in place for this to occur at least annually.
14. Provide an opportunity for authors and other copyright holders to make their works available at no cost to PAS/ISD users in libraries.
A letter does not provide the opportunity to share or explore the other issues which I believe are important for consideration with regard to this proposed settlement. I hope this short list gives you reason to consider additional discussions with the Department of Justice and to consider more forceful advocacy on behalf of libraries of every type. I urge you to suggest that the Department of Justice not simply be a monitor after the settlement is approved but an intervener now.
I have great respect for the work you have done and continue to do, along with others, on this matter. Please consider these recommendations as support for the efforts already underway. As we stand in the library orchard we all want the trees to blossom and the fruits of technological advance to nourish all libraries and library users. I look forward to your response to this request.
Sincerely,
Bernard A. Margolis
cc. Distributed as an “open” letter