Random House Says Libraries Own Their Ebooks, Really
from the but-what-about-users dept
We've discussed, many, many times, how copyright holders in the digital age like to play fast and loose with the definition of what is "sold" and what is "licensed." Just today, we've seen Amazon wipe out a woman's ebook collection. As we've joked, many copyright holders like to play Schrodinger's download in which they'll argue that it's a license in some cases, and a sale in other, based on what benefits them the most at that instance. So it's a welcome surprise to find out that publishing giant Random House is unequivocal in making the statement that libraries who buy Random House ebooks own those ebooks. Michael Kelley, at the Library Journal, spoke to Skip Dye, Random House's VP of library & academic marketing and sales, and Dye left no doubt about it:"We spend a lot of time discussing this with librarians, at conferences and elsewhere, and it’s clear that there is still some confusion out there around whether libraries own their ebooks," Dye said. "Random House's often repeated, and always consistent position is this: when libraries buy their RH, Inc. ebooks from authorized library wholesalers, it is our position that they own them."Of course, this raises a question: does that also apply to the public? It would seem inconsistent if it were just for libraries. If I buy a Random House ebook, do I "own" it, or have I licensed it? And... then how does that fit with various ebook retailers, such as Amazon, whose terms seem more like a license? Either way, it's good to see a company like Random House take such a clear position on this matter, when most big copyright holders prefer to avoid the question entirely.
He went on to make clear the distinction with licensing:
"This is our business model: we sell copies of our ebooks to an approved list of library wholesalers, and those wholesalers are supposed to resell them to libraries. In our view, this purchase constitutes ownership of the book by the library. It is not a license."
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Filed Under: ebooks, libraries, license, ownership
Companies: random house
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Why the middleman?
So the publisher is a middleman, then they sell to another middleman who then sells to the library? Why not eliminate the waste and sell directory to the library? Or better yet, why doesn't the author eliminate the waste and sell direct?
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Re: Why the middleman?
True conservatism is applicable: If you cannot keep the world as it is today, change must be slow!
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Re: Re: Why the middleman?
There FTFY!
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Got to appreciate Random House's stance here of you own what you buy.
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What if I don't return it?
Also, my library frequently gives away old books. Can they sell or give away eBooks when they run low on eShelf space?
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Re: What if I don't return it?
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Why are we following Alice down the rabbit hole?
Just respond "No" it's not a license. You sold it, they own it. No discussion.
It should need no clarification.
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Re: Why are we following Alice down the rabbit hole?
And it can get you 20 years to life.
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Re: Why are we following Alice down the rabbit hole?
here is my answer in the other articles thread
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The library may own the file, but they don't actually OWN the content.
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But what is "ownership"?
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Re: But what is "ownership"?
Complete and full usage with all underlying rights to this usage.
Whereas I suspect Random House is saying:
Complete legal usage of the item with us retaining all other intellectual property rights at all times.
;)
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Re: Re: But what is "ownership"?
Otherwise, the libraries would be free to print and sell the books themselves or sell digital copies at whatever price, including through sites like Amazon. That wouldn't make much sense, would it?
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They Are Lying
You can "own" something which is public domain, but the only copyright things that you own are those where you hold the copyright. This applies to physical objects as well.
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