Is Open Library Putting Authors at Risk?
For many aspiring writers, the Internet Archive's Open Library is a haven where vast collections of literature are available free of charge. However, the publisher of this article argues that Open Library's mission and operations are actually harmful to authors, especially unpublished or self-published writers. This piece aims to clarify the true nature of Open Library's activities and its compliance with copyright laws.
What is Open Library Actually Doing?
Open Library is often derided as a platform that steals from authors by scanning books without their consent. Indeed, the initial narrative suggests that by making books available without royalties or permissions, it undermines the livelihoods of writers. However, a closer examination of the platform's practices reveals a different story. One of Open Library's primary goals is to preserve books forever by scanning them into digital formats and storing the physical copies in climate-controlled "deep storage." This process ensures the longevity of the books and makes them accessible to a global readership.
Under normal circumstances, Open Library only lends the digital copies of the books it has scanned. This practice is in line with traditional library lending, where books are lent to borrowers for a limited period. By creating digital versions, Open Library extends the life of physical books and ensures that they remain accessible to readers worldwide.
Legal Compliance and Ownership Rights
The platform's management of book ownership and lending is grounded in American copyright law. According to these laws, ownership of a physical book automatically grants legal rights over that specific book. In other words, if a book is donated to the Internet Archive, it becomes the property of the archive. This principle is widely recognized and forms a foundational aspect of copyright law.
This means that authors receive payment for their original sale, and once that sale is completed, they have no further control over the book's physical copy. The Internet Archive's practice of lending digital copies is a reasonable extrapolation of this existing legal framework. They do not lend more copies than they own, ensuring that the rights of the author and the archive are respected.
Special Rights and Copyright Law
Legal experts argue that the special rights granted to libraries under copyright law are crucial to the functioning of both publishing and lending industries. These rights, which allow libraries to lend books, are integral to the copyright system and are not merely an add-on. Open Library is simply taking advantage of these existing rights in a way that benefits the wider public.
The unique circumstances of the current COVID-19 crisis led to some temporary changes in the library lending model. While it is not clear how the Internet Archive is lending more copies than they own, the platform has legal recourse and professionals to navigate these complexities. The general consensus is that any infringement would be minimal and carefully managed.
Conclusion
The controversy surrounding Open Library highlights the complex interplay between copyright law, digital preservation, and public access. While some argue that the platform undermines authors' rights, a thorough analysis reveals that it is largely operating within the legal framework designed to protect both authors and readers. It is important for both writers and readers to understand the nuances of copyright law and the unique role that libraries play in preserving literature for future generations.