Online lending: publishers and libraries want to test new license models

The online lending of e-books (e-lending) in public libraries has been hotly disputed for years. Libraries often have to wait up to 12 months before they can even buy an e-book license – not a fair framework, they say. For two years, representatives of publishers, authors and libraries therefore met at the "E-Lending Round Table" at the invitation of Minister of State for Culture Claudia Roth (Greens). On Wednesday, it presented its final recommendations. The focus is on negotiation-based licensing models; statutory regulation is off the table.

This means that authors and libraries negotiate the conditions for online lending individually. The results paper, which was preceded by a study and a survey, states that the "legitimate interests" of all parties involved should be taken into account. Authors should receive appropriate and proportionate remuneration and the "economic performance of publishers as an essential basis for creative work" should also be recognized. The signatories also recognize the "mission of public libraries as an educational and cultural infrastructure" to provide citizens with a broad range of media and information, even in the digital world. On the other hand, e-books "do not have the same usage modalities" as printed books.

DRM as a "suitable means" of protecting rights

If the time between the publication of an e-book and its online availability in libraries is shortened, the campaigners advise "taking this into account financially". Compared to the paper alternative, e-books are also "used more intensively for lending", which should also be compensated for. In principle, a broader digital offering from public libraries would require a "significantly improved financing system". At the same time, the round table states that its results should be reviewed in two to three years: Digital rights control management (DRM) is "a suitable means" to "ensure access to digital resources in libraries".

The German Library Association (dbv), which was involved in the talks, has been campaigning for many years for libraries to be allowed to lend e-books – like print books – from the day of publication on the basis of a legal basis. The Federal Council also spoke out in favor of this in 2021. However, the German Publishers and Booksellers Association (Börsenverein des deutschen Buchhandels) railed against such a "compulsory license" and pointed to the existing e-book system "Onleihe", which is based on voluntary license agreements.

Library association disappointed, but hopeful

Volker Heller, Chairman of the German Library Association (dbv), regretted that the goal of finding a generally binding regulation on the lending of e-books, which should be as legally anchored as possible, was "not feasible". Nevertheless, the association hopes that libraries will "receive reliable access to publications from the first day of publication" on the basis of the agreements. Keller expects "that viable models will be developed within the next two years". He recalled the commitment of the traffic light coalition to create fair framework conditions for e-lending.

"The provision of individual titles as e-book loans only after a certain period of time, so-called windowing, prevents disproportionately high losses in sales along the entire value chain," said Peter Kraus vom Cleff, Managing Director of the Börsenverein, in defense of the current approach. Library budgets should not be cut, but should "urgently be supplemented by a budget for digital media in order to make the lending of digital and printed books fit for the future". Roth was delighted: "Together, we have managed to get the debate, which has been deadlocked for years, moving." Licensing models now need to be developed and tested as part of pilot projects.

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