Shimenawa

Get in the goddamn wagon

It’s time for younger librarians to claim the future.

I was intrigued when I saw an announcement for an ARL-CNI meeting, “Achieving Strategic Change in Research Libraries”, to be held in mid October, because Lord knows this is a good time for strategic change. Yet when I clicked through to the program, I was sorely disappointed. The program is oriented toward library directors talking amongst themselves. In the growing string of strategy meetings and whitepaper collections coming from research library organizations, I see many familiar names. While I find these individuals to be brilliant, thoughtful people, I don’t believe much will come out of their talking amongst each other for another day. Library leadership has been discussing emergent roles for libraries for over a decade.

(N.B.: In libraries, the senior executive usually has the title “University Librarian”, and their immediate junior staff, “Associate University Librarian”; these are abbreviated as UL and AUL respectively.)

The current leadership of many of the leading research libraries belongs to a cohort that has held senior management positions for several decades; they have exceeded, or are near, retirement age. The generation beneath them, the late boomers and the Gen X’ers, have often been unable to fully advance in their careers because of the overhanging cliff edge above them. In libraries, archives, and museums – all organizations with astounding levels of commitment and loyalty – theirs will be a Lost Generation. They are not likely to steer these institutions for any long length of time. Instead, Gen X has led – is leading – a Long March.

Even in conversations with the existing leadership, there is wide acknowledgment that the greatest sea change of vision and perspective among librarians, museum and archive staff, rests primarily among those (more or less) in their 20s, into their early to mid 30s. This generation has completely different expectations for information management, privacy, direct access to data and people, interaction with services, and organizational behavior.

It is perhaps in the expectations for organizational conduct that the need for change is greatest, and most immediately wanting. Libraries are supremely hierarchical organizations, not given to matrix management or effective team based project management. Many young librarians do not have any effective means to make substantive comment on change in their institutions; even when their voices are heard, no engagement is offered.

I have heard ULs say that they are all for new initiatives, but their librarian unions are preventing them from making deep structural change. Well, you know what? Unions don’t want to be the last one to turn out the lights either. Don’t blame labor.

When I tweeted my attendee concerns about the program agenda of the ARL-CNI meeting, @ARLnews responded with:

We strive to ID timely topics & speakers based on the forum theme. We have begun talking about how to recruit new ideas & faces… including the “new library generation” so your input is timely & well taken. Thanks again for taking the time to give us feedback.

That’s not what I am talking about. Revolutionary councils don’t form around the existing leadership. Existing leadership has spent its credibility. The changes they led long ago were bold in their time, but this is a new time, with new dangers, and new people must address them.

Here’s what I would like to see:

It’s time for the youngest generation of librarians to gather amongst themselves to discuss change in libraries. This definitely needs to happen in RL, but it can also happen online. This would be a gathering of people that I would denote as “< A/UL” – in other words, lower than (less than) AUL. Not <= AUL. There should be no directors present, no associate directors present. This is not about them. It is about those who will truly redefine the future of libraries. And there will be libraries in the future. And they will kick ass.

This is also not a Taiga-like recitation of calls for change or 5-year predictions for libraries, delivered by AUL level staff. It is not likely that a “community of AUL’s and AD’s challenging the traditional boundaries in libraries” is somehow going to make change happen. I applaud their manifest: “[w]e must develop cross-functional vision that makes internal organizational structures more flexible, agile, and effective. We must move beyond the borders and transcend the traditional library organization.” Yada yada yada.

That’s not enough. There is tremendous skepticism about Taiga in the rank and file. Let Taiga deal with their shifting boundaries, I want to plow under the farmland and gather with those who are madly tossing seeds for wild grasses on the prairies, provoking the native spirits into spring rains. Strategy is for young people.

As a friend observed to me, “v cool. in add’n to younger library staff, I’d also like to see non-librarian library professionals in lib strategy discussions.” Right on. Because the future is not contained within the neat walls of existing research libraries, but among all libraries, and archives and records keeping museums, attempting to redefine their role and purpose in a digital world. We live in a flattened world.

I am not suggesting that out of new conversations will emerge fully formed a blue print for a new class of library. But what I would suggest is: without energetic conversations, without more awareness of the things already being discussed in the hallways, libraries will have a future too long delayed. And that’s more than a problem for libraries. It’s a problem for everyone. By speaking together, we can break the deadlock and move the mountain. Talking about the world we want will help to build that world.

Right now, the best possible thing that ALA could do to reboot the future is to fund support for these meetings and gatherings, encouraging spontaneous leadership. If they cannot do that, then some other vehicle needs to step in and provide the platform where change can be not merely discussed, but architected. Realistically, I suspect that ARL is not the right institution to do this. William Faulkner said it best in Go Down, Moses: “Them that’s going,” he said, “get in the goddamn wagon. Them that aint, get out of the goddamn way.”

It’s too easy to proclaim the knock down – the traditional call out for the terrain-effacing transformation that is eroding the ground underneath us. Today, there is incredible optimism, energy, and enthusiasm in libraries –- at no other point in history has there been such opportunity to reach people with information using such a variety of tools, across such a range of means.

When mobile phones are held in the hands of farmers in the remotest villages across the planet –- the reach of every single library on this planet is now global. As our responsibility, let’s forge that vision.

Legislation and Litigation: Vanderbilt News and Google

In the Spring of 1971, a novel screening of recorded TV footage was held in the Senate Office Building at the request of the Republican National Committee. That congressional screening, and a few others that were conducted later, inaugurated a set of events that ultimately contributed to one of the most significant rewritings of copyright legislation in the last 50 years (the 1976 Act), and the development of important Section 108 exceptions for libraries and archives.

The screening of videotaped recordings from major TV broadcast news stations on the U.S. government supported Laos incursions by South Vietnam’s Army was compiled and produced by a then little-known initiative housed at Vanderbilt University in Tennessee called the Vanderbilt Television News Archive (VTNA).

VTNA’s story began in 1968, when its founder, Paul Simpson, began the systematic recording of the three major U.S. television networks through their local affiliates. Uninterrupted to the current day, VTNA continues to record, collect, index, and make available national news broadcasts, preserving them in a unique collection available via a lending program to anyone in the country, merely at the cost of duplication or recording onto DVDs.

Within a few years of its founding, VTNA would wind up enmeshed in a skein of litigation and legislation. Yet, VTNA’s valiant efforts to protect public access yields an accidental and instructive example for how positive legislative outcomes can emerge in a fight against attempts to leverage court rulings benefiting private parties, side-stepping Congressional engagement.

At the Internet Archive, we believe there is an opportunity for a similar and critical analogue to emerge out of the proposed class action settlement in the Authors Guild, et al v. Google case placed before the SDNY District Court concerning Google Book Search.

History Lessons

The utility of the VTNA’s recording of TV news — and in the eyes of conservative government representatives and the Nixon White House, capturing the alleged liberal biases of the New York media — was apparent even before the landmark 1971 screening. VTNA attracted several attempts to legislatively enshrine protections for its activities, ultimately inspiring two discrete bills that wound up incorporated into the later 1976 Copyright Act: a mandate for a national broadcast archive and an exemption from liability against infringement for libraries and archives recording broadcast content.

In an important new work on the history of home video, Inherent Vice: Bootleg Histories of Videotape and Copyright, Lucas Hilderbrand discusses the impact of new technology on interpretations of rights, piracy, and property. Hilderbrand includes an entire chapter on the history of VTNA’s stressful journey along the parallel tracks of litigation and legislation, observing that “Copyright became the means of both challenging and ultimately ensuring public access to television records.” (N.B.: I am working from pre-publication galleys generously provided by the author, and used here with his permission).

Contemplating VTNA’s founding in the late 1960s, Hilderbrand comments: “Thus nearly a decade before fair use (Section 107 of the copyright act) would provide the basis of the Supreme Court’s ruling that off-air recordings for private use must be permitted, off-air videotaping directly shaped legislation of the exemptions for libraries and archives. Although distinct from Section 107, Section 108 can be seen as the logical, institutional extension of fair use.”

In the 1960s and 1970s, CBS News, the most watched, revered, and influential news broadcast in the U.S., kept its own semi-public (restricted access) archive. CBS believed that VTNA was recording and collecting news broadcasts without permission or license. After several attempts to force VTNA to license its own recordings, CBS sued the archive for copyright infringement in 1973, alleging that the archive re-edited and leased its broadcasts to users, appropriating its content.

CBS maintained that a private solution was the best approach for broadcast news access; the situation did not require intrusive legislative action. As late as Congressional hearings in 1975 on the draft revisions to the copyright law, CBS vice president and general counsel Robert Evans testified, “Moreover, the problem addressed by these unusual provisions is not one that requires Congressional action because it is being resolved by private initiative.” Of course, as Hilderbrand notes, the private initiative that CBS advocated was the network’s, not the VTNA’s. Hilderbrand comments further:

Despite CBS’ efforts to establish television news collections through [its own] public archives, Vanderbilt maintained that its operations were essential to democratize user access to the tapes and to maintain the availability of the other networks’ news programs. Despite being a private university, Vanderbilt refused to cloister tapes in the ivory tower and adamantly supported the broadest feasible scenario for public access.

After a few modifications to the proposed copyright legislation before Congress, and a reconciliation in which the Senate accepted several House modifications (including in Sections 107 and 108), President Ford signed the U.S. Copyright Act of 1976 into law on October 19. In early December, CBS requested the dismissal of the lawsuit without prejudice, and the court officially dissolved the case on December 20, 1976.

Google Book Search

Today, in a case with some striking similarities, Google, the AAP, and the AG hope to rewrite copyright through a private, judicially approved agreement. As Marybeth Peters, the U.S. Registrar of Copyright, observed at the Columbia Law conference on the settlement, “The question is: When you have a private agreement, where there are private solutions, that are in the nature of legislative action … is this a good thing?” Ms. Peters also quoted Robert Clarida, then Chair, Committee on Copyright and Literary Property for the NYC Bar as stating, “The settlement in effect provides a privately legislated set of rules governing relations between an entire copyright industry and the world’s largest search engine”.

Orphan works legislation almost passed in the last session of Congress. It could pass in this session. As the Justice Department begins an inquiry into the settlement, we have an opportunity to consider anew the proper wisdom of a legislative cure for a problem that Google originally attempted to address in 2004: providing the greatest possible access to out of print books that are potentially in-copyright. Unfortunately, that initial effort has turned into a radically reshaped proposal: a court-approved monopoly for Google, and a bad deal for authors and publishers.

The complex issues of rights registries, access to orphan works, elaborating fair use in a digital age, and maintaining international compliance should be the province of public discussion. The goals of Vanderbilt’s archive — “the broadest feasible scenario for public access” — must be the primary consideration that drives a public and legislative solution, instead of a privately negotiated settlement for the benefit on a single corporation currently under investigation for antitrust.

At the Columbia conference, Google’s chief counsel for the Book Search project, Alex Macgillivray, loudly noted Google’s staunch support for orphan works legislation. Well, now is the time. Let’s halt the push for a court approved, private settlement that gives Google a monopoly on the largest digital library of books in the world. Instead, let’s launch a considered investigation of what the nation deserves, in a dialogue that is open and inclusive of all the sectors of our country that have a stake in defining the 21st Century of books, and the rights of readers.

Keeping the data open

Something that I hadn’t previously considered for the proposed Books Rights Registry (BRR) in the Google Book Search settlement was the role that it might play in imposing data manipulations and metadata enrichment, and then subsequently allocating their costs — whether real or transactional — among subscribers, consumers, and other participants (including authors and publishers).

For example, theoretically, the BRR has the ability to impose ISBNs and other identifiers on orphan works that lack them. ISBNs could be provided in a special grant by EDItEUR for this purpose, with the costs apportioned among rightsholders and consumers.

Some of these data manipulations would be considered useful enhancements, but there also exists the possibility that they could be enacted without adequately broad engagement or consideration of the data flow and management issues among publishers, libraries, and consumers, particularly as they evolve into the future. A related risk is that non-traditional, but potentially higher-return options, might not be endorsed. It makes the necessity for coordinating stakeholders in metadata issues among all of these communities increasingly critical.

There is currently no mechanism in the BRR for community coordination to be imposed. There is mention in the settlement only of an advisory board, but not only has it not been named, it currently has no power of compulsion. I believe there is a default to good-will in this area, but it would be better for conversations among parties to be coordinated openly.

Additionally, these concerns strongly agitate for the continued maintenance and availability of open data for bibliographic and rights data, such as the Internet Archive’s Open Library (OL). Although OL has been poorly accessible through APIs, the necessity of encouraging the unimpeded flow of descriptive data without use restrictions is vital for maximizing the continued evolution of books and publishing, and our understanding of how and what we read. In conjunction with the OL, ensuring the availability of all known rights attributes associated with an object, particularly as a package, will be requisite. These data should be accessible in XML for easy machine consumption, and not provided only through user driven search interfaces.

One of the worries of the settlement is that there are a great many potential new sources of leverage and engagement that could leave even current stakeholders in the agreement uncomfortable with the consequences.