Publisher Wiley Lets Libraries Offer eTextbooks Again… But Only For Nine Months

Last week, we wrote about how publisher Wiley had removed 1,379 textbook titles from the list of books that academic libraries could lend out, thereby forcing students to have to buy the textbooks, rather than take them out of the library. As we noted, this was an example of how damaging copyright has been on the free flow of information. In the non-digital world, the libraries could just buy copies of the book to lend out, but thanks to publishers insisting that there is not a first sale right for ebooks, it allows them to block any sale they don't want.

Of course, after lots of people got mad about this removal, Wiley relented... but only for a little while. The statement is... kinda weak:

In June 2020, Wiley requested our library aggregator partner ProQuest transition approximately 1,380 ebooks out of its Academic Complete online digital library as part of a regular review of collections. In working with ProQuest, this change was delayed to August 2022 for contractual reasons and to provide time for customers to make any necessary adjustments. Nevertheless, many customers were caught off guard.

After reviewing the decision against the current environment and listening to our customers, we are returning these ebooks to the ProQuest Academic Complete collection so libraries that subscribe to the service can access them again.

We are working to restore access to the ebooks as soon as possible. The materials will remain in the collection through June 2023 to ensure access through the remainder of the academic year.

Basically: okay, okay, we'll let you have the books for this academic year, but after that we're really done."

Wiley is almost certainly hoping that by next year everyone has forgotten. The folks campaigning against this are already trying to make sure that no one forgets.

Come June 2023 we will still lose access to these Wiley titles, with no way to obtain them except via even more expensive e-textbook subscription models. This is an unsustainable model for libraries to pursue, underming the core purpose of libraries in making access to our collections available to all who need them, not ringfencing resources for those we can afford to pay for.

It is noteable that Wiley's press release includes the statement - Wiley is committed to providing students with affordable e-books through initiatives such as our inclusive access and course materials affordability programs". Committed to providing students, not libraries. In the midst of a cost of living crisis, with students already paying high tuition fees, it is unacceptable that publishers like Wiley are increasingly shunning sales to libraries in favour of the more profitable student market.

We need to maintain pressure on all publishers, including Wiley, to commit to making all digital texts available to libraries on reasonable terms. The fight does not end here!

Of course, the longer term fix is to return first sale rights to digital goods, and to support things like the Internet Archive as it is fighting back against publishers trying to kill off the right to lend ebooks from libraries. Congress could step in and make it clear that first sale applies to digital files, and that things like controlled digital lending are clearly legal, but when has Congress done anything good for the rights of the public around copyright?