Libraries Ask Publishers for Increased Flexibility in Ebook Licensing

Since the pandemic hit, libraries have seen dramatically increased use of their digital collections due to an influx of new patrons as well as established patrons switching from print to digital lending. In recent years, Big Five publishers have made digital licensing more restrictive and expensive, but in 2020 and 2021, they’ve relaxed those terms due to the unusual circumstances wrought by the pandemic. As restrictions across the country ease and libraries open up to in-person visits again, publishers intend to go back to normal, too, with their pricing and licensing limitations.

Earlier this month, the Book Industry Study Group hosted a panel with two librarians and three marketers from the Big Five publishers to discuss the library-publisher relationship today and its outlook. Moderating the discussion was Kelvin Watson, executive director of the Las Vegas–Clark County Library District and former director of Broward County Libraries Division (Florida). All in all, the conversation was exceedingly cordial and full of mutual admiration and praise for the efforts of all parties to make things work during the pandemic. Still, tension has always surrounded this relationship, as libraries support public access to literacy and education, while most publishers are profit-driven. The two end goals are not mutually exclusive, but with ebooks, the tension has become sharper.

Librarians reiterated the same request they’ve made of Big Five publishers for years: to offer more flexible and varied ebook licensing models. The most common licensing terms involve not just a limitation on the number of circulations but a time limitation as well—e.g., 26 circulations or two years, whichever comes first. Michael Blackwell, director of the St. Mary’s County Library (Maryland), a small library system, said that HarperCollins has offered “what is probably the best model” for libraries in terms of metered access because it’s not limited by time, only by number of circulations. Without that flexibility, he said, “It’s a gamble for us. Is it going to be a good gamble on an author we don’t really know?”

Blackwell suggested that publishers offer multiple licensing options for every ebook from the time of release: a metered-access model like what exists today; a more expensive perpetual (non-expiring) access model, which used to be the standard; and a pay-per-checkout model. That would allow libraries to use their budgets more wisely. “We could more effectively meet demand for bestsellers. We could have a smaller number of titles in perpetuity. … We [would not] have series with missing titles,” Blackwell said. Later, he reiterated his point and added, “While the publisher-library relationship can be fractious, as a way of discovering authors, we’re very important for you.” To their credit, the publishers readily acknowledged this fact (more on this in a bit).

Libraries also like having always-available ebooks—no waitlists—at least in certain situations. Lisa Rosenblum, executive director of the King County Library System in Washington state, has been able to negotiate with publishers to obtain such agreements. Having concurrently available ebooks has supported discussion groups with teens after school as well as ongoing book clubs. Instead of having to order a large number of print copies, the library buys into a pop-up model where everyone interested can get the ebook at the same time. Then when the program is finished, the ebook is no longer available and concurrent use ends.

The publishers responded by saying they would listen and do what they could to be responsive to librarians’ needs. What was left unsaid: publishing executives aren’t exactly in the dark about what libraries would like to see, and the marketers who work closely with libraries—like those on the panel—might not have the decision-making power to give libraries what they want. Jennifer Childs, the vice president of library marketing at Penguin Random House, said, “We’re always trying to do better … and move to the next level.” Adam Silverman, senior director of digital business development at HarperCollins, said, “Our approach has been to provide access at a reasonable cost to libraries while looking to protect the author. Those have been the guideposts, and making sure that the lines of communication stay open so we’re always aware of what libraries are going through.”

So what do publishers want from libraries? Mainly, more support of debut and unknown authors. Penguin Random House struggled to get their debut authors in front of librarians during the pandemic, according to Childs. Partly this is because of the lack of in-person trade shows to talk up new titles and put authors in the room with librarians. Childs said the marketing team has had to be more creative, hold their own virtual festivals, and really push digital galleys. Virginia Stanley, the library marketing director at HarperCollins, said since the pandemic started, they’ve been holding regular Facebook Live events with librarians, frequently bringing authors on to talk about their work. “[Librarians] don’t want us to stop, and we don’t want to stop,” she said. The publisher plans to continue the events for the long term because, Stanley said, everybody wins.

More generally—pandemic concerns aside—the publishers expressed some frustration with libraries that decline to promote or buy certain authors or titles because “they don’t circulate well.” This seemed to be shorthand for various types of authors, including authors of color, non-bestsellers, and those with less-than-stellar debuts. This is frustrating because, Stanley said, “Librarians are the savior of the midlist and the reason so many authors have broken out after so many books. They keep them in the game. … What’s the library? It’s discovery of new authors.” Similarly, Childs discouraged a tired focus on bestsellers. “Don’t ask for John Grisham again,” she said, in reference to library events.

Childs later added that while Penguin Random House appreciates knowing that a certain library promotion or event might be connected specifically to book sales through retail channels, more and more it’s simply about discovery. “There are less ways for authors to get out there, and you guys have the audience,” she said. “We do see the value, not just in the dollars, but in the exposure.”

Bottom line: Figuring out the “reasonable cost” for ebook licensing will be critical, as librarians said the pandemic has accelerated the adoption of digital lending and that it’s here to stay. Rosenblum, who oversees one of the highest-circulation libraries in the world, saw digital circulations increase from 4 million to 7.4 million year over year. That’s not to say print is dead, as patrons like having choice, but “Online is here to stay,” she said. “We’re going to be offering hybrid models of service post-COVID. We’ll find more and more participation and discovery.”

On a final note: We’ve reported in the past about the invisible nature of library sales to authors. Not only are authors typically unaware of publishers’ licensing terms and models for ebooks, but they don’t see those licensing sales on their royalty statements (they’re typically mixed in with other retail sales). This lack of insight means authors may be unaware of libraries’ role in discoverability and income. Authors: We suggest asking your publisher for information on how they sell your ebook to libraries and under what pricing and licensing model it is available.