On Tuesday 19 January, the Open Book Alliance of which SLA is a member, sent a letter to members of the U.S. Congress outlining key parameters of a proposed solution to the pending Google Book Search settlement. The letter asks legislators to set up a neutral system that provides greater access to books, respects the rights of authors and publishers, and doesn't grant undue power to any single company. The final fairness hearing for the case is scheduled for 18 February 2010.
Specifically, the letter from the Open Book Alliance puts forth three basic tenets that a successful digital public library must employ:
• Open Process: Only an open and deliberative conversation in Congress will appropriately weigh the concerns of all stakeholders and create bright-line laws that apply equally to all consumers, companies and stakeholders.
• Public Guardian: To ensure the widest participation by content holders and greatest public benefit, the digital book database should be entrusted to a neutral, civic, not-for-profit organization. Respected librarians, like Harvard’s Robert Darnton, have suggested that a not-for-profit or public sector library, such as the Library of Congress, be named the public guardian. The governments of France and the Netherlands have adopted this model and entrusted public institutions with the administration of digital libraries.
• Public Interest: The rights to conduct a book digitization program must not be exclusively granted to a single for-profit company as a result of legal arrangements delivering an unfair monopoly. Any book digitization efforts must also uphold the rights of authors and respect copyright laws.
SLA looks forward to the day when there is a completely electronic, searchable, and universally accessible repository of digital books. Such a repository has the potential to bring untold value and knowledge to individuals, organizations and libraries, making more information available to more people around the globe. The final ruling on the Google Book Search settlement, however, must consider the full ramifications on issues of copyright, access, affordability and privacy. This is an important legal matter that, if decided improperly, may threaten the accessibility of information to the public. SLA believes it should be grounded in sound public policy, be mindful of the long-term benefits for the greater good and take into consideration input from the public and important stakeholders.