Library Technology Guides

Publishers join with worldwide coalition to condemn the theft of creative and intellectual authorship by tech companies for generative AI training. The Association of American Publishers joined forces with more than 10,000 creators and coalition partners, including authors, musicians, actors, artists, and photographers, to condemn the theft of creative and intellectual authorship by big tech companies for use in their Generative AI models. In fact, these consumer-facing models and tools would not exist without the books, newspapers, songs, performances, and other invaluable human expressions that were—and continue to be—copied, ingested, and regenerated in blatant disregard of the law. [Full Announcement].

Youngsuk YS Chi, Chairman of Elsevier and Director of Corporate Affairs for RELX, elected Chair, AAP Board of Directors. The Association of American Publishers announced that its Directors have elected Youngsuk ‘YS' Chi as Chair of the Board for the 2024-2025 term. Mr. Chi, who is Chairman of Elsevier and Director of Corporate Affairs for the RELX Group, has served on the AAP Board since 2007 and was Board Chair from 2016 to 2017. The Board also elected Brian Murray, President and CEO of HarperCollins Publishers, to the position of Vice Chair. [Full Announcement].

ARL statement on Texas Library Coalition for United Action agreement with Elsevier. Today more than 40 public and private academic institutions in Texas, members of the Texas Library Coalition for United Action, announced the conclusion of a successful negotiation with Elsevier. TLCUA member libraries secured cost savings on journal subscription access, along with a set of favorable license terms and a novel pilot experiment in restoration of author copyrights that stands to benefit all authors, not just those associated with TLCUA member institutions. [Full Announcement].

Publishers seek summary judgment against Internet Archive for blatant scanning and distribution of literary works on industrial scale. Member companies of the Association of American Publishers filed a motion for summary judgment in the copyright infringement lawsuit against Internet Archive, first filed on June 1, 2020 in the United States District Court for the Southern District of New York. Following two years of litigation, the motion for summary judgement establishes a clear record showing that both the law and the facts of the case are undisputedly in the publishers' favor. The filings show that IA's illegal mass scanning, public display, and distribution of literary works are in direct contravention of the Copyright Act and in direct competition with lawfully licensed markets for both library and consumer eBooks. IA offers its unauthorized copies to the public at large through a global-facing enterprise coined “Open Library” and, previously, through a service dubbed the “National Emergency Library.” The defendant's activities are part of a larger commercial enterprise that not only provides access to books but also adds to its bottom line. Between 2011 and 2020, IA made approximately $30 million from libraries for scanning books in their collections. [Full Announcement].

Statement From Maria A. Pallante, President and CEO of the Association of American Publishers, Regarding Final Copyright Decision in AAP. v Frosh. Today the United States District Court for the District of Maryland issued an unequivocal, final ruling in the case of Association of American Publishers v. Brian Frosh in AAP's favor. In so ruling, the Court reiterated that the Maryland Act is unconstitutional because it “conflicts with and is preempted by the Copyright Act” and “stands as an obstacle to the accomplishment and execution of the full purpose and objectives of Congress.” [Full Announcement].

Brian Napack, President and CEO of John Wiley & Sons, Unanimously Elected Chairman, AAP Board of Directors. The Association of American Publishers (AAP) announced that its Directors have unanimously elected Brian Napack as Chairman of the Board, effective September 25, 2020. Mr. Napack, President and CEO of John Wiley & Sons, has been AAP's Vice Chairman since the beginning of the year, and a Board member since 2017. [Full Announcement].

Publishers file suit against Internet Archive for systematic mass scanning and distribution of literary works. Member companies of the Association of American Publishers (AAP) filed a copyright infringement lawsuit against Internet Archive (“IA”) in the United States District Court for the Southern District of New York. The suit asks the Court to enjoin IA’s mass scanning, public display, and distribution of entire literary works, which it offers to the public at large through global-facing businesses coined “Open Library” and “National Emergency Library,” accessible at both openlibrary.org and archive.org. IA has brazenly reproduced some 1.3 million bootleg scans of print books, including recent works, commercial fiction and non-fiction, thrillers, and children’s books. [Full Announcement].

Statement on flawed theory of Controlled Digital Lending. The Association of American Publishers has reviewed the 2018 documents authored by David R. Hansen and Kyle K. Courtney on the subject of unauthorized library copying for the purpose of digital transmission of entire books to the public. These documents (collectively the “White Paper”) argue that libraries engaging in this activity do not infringe copyright in literary works because such copying and transmission falls within the fair use and first sale doctrines under the invented theory and White Paper definition of “controlled digital lending”. [Full Announcement].

Publishers and Google reach settlement. The Association of American Publishers (AAP) and Google today announced a settlement agreement that will provide access to publishers’ in-copyright books and journals digitized by Google for its Google Library Project. The dismissal of the lawsuit will end seven years of litigation. The agreement settles a copyright infringement lawsuit filed against Google on October 19, 2005 by five AAP member publishers. As the settlement is between the parties to the litigation, the court is not required to approve its terms. [Full Announcement].