Monthly Archives: December 2020

The 10-Minute International Librarian #30: Think about how you can make meetings more engaging and inclusive

Meetings should be a great opportunity to share and learn from colleagues.

The shift to digital tools has made it easier than ever to connect with a wider range of people, brining huge potential.

However, of course, potential is not always reality, and Zoom-fatigue can easily set in.

While this is understandable, it shouldn’t turn us off communicating with each other, but rather encourage us to think about how to make the most of the opportunities we have to work together!

This can offer us richer opportunities to connect, including across borders and library types.

The pandemic period, for all the difficulty it has brought, should be a chance to get closer together as a field, without anyone being excluded by distance.

So for our 30th 10-Minute International Librarian, think about how you can make meetings more engaging and inclusive.

Think about the most effective ones in which you have participated, and what made them special. Can you replicate this?

What can you learn from meetings which were less effective, and what can you do about this? In particular, how can you make sure that everyone is properly engaged?

Share your ideas in the comments below!

Good luck!

 

This idea relates to the IFLA Strategy! 3.2 Support virtual networking and connections.

You can view all of our ideas using the #10MinuteInternationalLibrarian tag on this blog, and of course on IFLA’s Ideas Store! Do also share your ideas in the comments box.

What do we talk about when we talk about access? 10 Suggestions to support library advocacy

We talk a lot about the importance of access to information in advocacy around libraries.

This access is at the heart of what libraries themselves do of course, helping users to find the information that they need to take better decisions, and participate in the life of the community.

Our institutions have been doing this for thousands of years, helping leaders, researchers, creators and other citizens to achieve their missions.

In advocating, we focus on why this matters so much, underlining how, in different policy areas – healthcare, innovation, democracy itself – access to information helps deliver goals, and in turn, how libraries deliver this access in an equitable way.

However, in doing this, it’s worth keeping in mind the different issues that access encompasses, and the different struggles this can imply, if only to be clear for ourselves.

This blogs therefore looks at just ten different aspects of access, and how this can play out in work on library advocacy.

1) Access as the possibility to find a work in the library: libraries have a key role in ensuring that ability to pay does not become a determinant of whether people can enjoy their right to information. This applies as much to those who would not be able to buy textbooks or children’s books, as to those who may only need certain parts of a book, and are not ready to pay for the whole book just to access extracts.

This is why it is so important that libraries can acquire all types of material, without barriers. Unfortunately, refusals to sell to libraries (or only to do so under very restrictive terms) make this difficult, and arguably require further investigation.

2) Access as preservation: access is an ongoing priority, and one that is threatened by the loss of materials due to decay, destruction or other reasons. It is particularly important – for researchers, for citizens – to know that todays information will be available into the future, in order to make it possible to support re-evaluation and accountability.

For example, government records need to be saved to allow for future study into decisions taken, while science itself is based heavily on the idea that research results should be reproducible – i.e. future researchers can access the same materials and reproduce the results of experiments.

3) Access as (reliable) connectivity: with so much information available online, including many materials that may previously have been produced in physical formats, internet access has become almost unavoidable as a form of wider access to information.

IFLA focuses strongly on this, underlining the need for libraries and users to benefit from high quality connections that are reliable – it is unlikely that people and businesses will be ready to invest in internet-enabled activities and approaches if they cannot be sure that it will stay on.

4) Access as a lack of barriers: access is not just about whether the library itself can add – and maintain – works in their collections, or whether they can connect meaningfully to the internet. Access is about whether library users can take advantage of this possibility. To do this, we need to work towards the absence of practical barriers to use, such as those felt by people who live far from a library, or who face challenges linked to physical mobility or other disabilities.

A number of tools can help in this regard – the internet is an important one of course – as can the sort of reforms promoted by the Marrakesh Treaty, that helps ensure that copyright does not pose an unreasonable barrier to creating and sharing accessible format works. With over 100 countries now signed up to the Treaty, we can aim for universal coverage in the coming years.

5) Access as literacies: access is also, crucially, about the skills of the person receiving information to understand and make sense of it. The skills involved can go from basic literacy to much more advanced forms, including critical thinking. Especially for those trying to work through the wealth of information online, being able to find the right knowledge is vital.

Basic literacy has long been an area of library expertise and experience, with increasing efforts to take information literacy training out of academic libraries and into public ones, to the benefit of the whole population. A priority here is to ensure that such support continues to be available to all, throughout life .

6) Access as use: access can imply a relatively narrow way of using information – for example being able to take, open and read a book. However, while for some library users this may be enough – simply taking pleasure or interest from the words on the page – for others it is not. They need to be able to quote, analyse or otherwise use works. For them, access without the possibility to use is pointless.

This is a core point around much work on copyright, with libraries arguing that once they have legally acquired a work, a core set of uses should be possible without restrictions or additional payment needed. These uses should be seen as part of the original price paid. Clearly this would not count uses that could cause unreasonable harm to rightholders, but trying to licence every single type of use is a recipe for market failure.

7) Access as the counterpart of expression: as set out in the previous point, a key ingredient of access is the possibility to use the information found in future work. As well as copyright issues, this can also implicate wider ones about freedom of speech. This is because the possibility to access and use information is less powerful if there are then limits on what can be done with it due to censorship or other controls.

It goes without saying, as well, that the fact that there is a variety of information to access in the first place depends heavily on the possibility for creators to express themselves and produce works in the first place. This is why libraries are encouraged to do what they can to champion intellectual freedom.

8) Access as relevant content: closely linked to the first point is the importance that people can find information that is relevant to them. This can be a question of finding books and other materials in the right language, and that tackle the issues that matter for the reader.

Clearly, the internet has created exciting possibilities for people without access to publishing houses, distribution networks or radio stations to share their ideas. However, it can also encourage a narrowing of horizons onto a single global set of materials. A key challenge then for libraries is to understand what materials users need, and to identify and provide access to this, including by promoting further creativity,

9) Access as feeling welcome: closely linked to the previous point, as well as those on skills and disability, the possibility to engage meaningfully with information can depend in large part on the possibility to relax and focus. This raises the question of how to ensure that people feel welcome and comfortable in libraries – and other places where information is accessed.

This can make a big difference for people who may feel otherwise excluded, For example, those with low literacy may feel intimidated by libraries, or those looking for information about very personal issues may feel awkward otherwise. It is therefore important, as part of all policies focused on access, to help people feel at ease, and avoid steps that could discourage information seekers.

10) Access as privacy: while linked to the previous point about feeling comfortable, the value of privacy in information access cannot be underestimated. Feeling that you have someone looking over your shoulder (literally or virtually, thanks to cookies or other digital tools) can have a chilling effect, limiting what a user is ready to look for.

This is why protecting privacy in the library environment, and doing what is possible to help users of third-party services to keep themselves safe, is such an important part of ensuring that access is meaningful for all.

 

We hope that these ideas are useful for you in thinking about the ways in which we talk about access, and welcome further ideas in the comments below!

 

Libraries as Consumers: Potential for Protection?

Earlier this year, we published a blog looking at the degree to which competition law and policy could provide a useful lens for analysing the current state of markets for electronic content for libraries.

As highlighted in the blog, the prices and terms that libraries face for electronic content raise serious concerns about the sustainability of current levels of service to library users.

The blog suggested that further analysis from a competition perspective could be helpful, not so much at the level of individual companies, but rather to address wider practices that can see libraries limited in their ability to provide services.

This is the task of broader market investigations or studies, such as those carried out by the UK’s Competition and Markets Authority. Indeed, the American Library Association has made a submission to an ongoing review on digital content markets, highlighting concerns about the behaviour of platforms and publishers alike

A parallel approach can be to look at libraries as consumers, and what consumer law can offer us in terms of arguments or angles to explore.

 

Normally, we think about consumer law as referring to the protections in place to ensure that individuals are not mistreated by companies that sell products or services to them, benefitting from a situation of grater market power or information.

It covers issues such as rights when such products are defective, or when a consumer has been misled about what they are buying. We benefit from consumer law when we have the possibility to change our minds, or when we receive compensation when something goes wrong. This is particularly powerful when contacts for services are effectively non-negotiable.

Yet, to the extent that consumer law tries to respond to situations where the seller has the upper hand in terms of information or power, there are ideas in consumer law which can certainly seem applicable to the situation of libraries.

This imbalance, combined with the extensive copyright protections offered to rightholders, mean that libraries often face a hard choice between unfavourable terms and no access at all.

For example, a number of common law countries introduce the concept of ‘unconscionable’ contract terms (for example, Australia), referring to provisions which are not just unfair, but against the norms of society.

It could be argued, here, that if norms of society are set out in limitations and exceptions to copyright (for example, the importance of educational uses, of preservation and of criticism or quotation), then contract terms that override these, building on an imbalance in negotiating power between rightholders and consumers, are indeed questionable.

Outside of the common law world, in the European Union, there have also been efforts to address the question of unfair terms, with a 1993 Directive already setting out that a contract cannot be considered fair when the supplier is allowed unilaterally to change the content of the product or service offered.

In this case, we can perhaps point to the evidence of eBooks and other materials disappearing from bundles to which libraries subscribe. This was studied in depth in 2015, but stories continue to circulate underlining that it may continue to be a problem.

 

Clearly, as mentioned above, consumer law is primarily focused on individuals. As such, it can appear to be a bit of a jump to consider a library – as an institution – as a consumer.

Libraries themselves are in an odd position – they are not reselling anything, although clearly are giving users access, placing them somewhere between the situation of a business and that of an individual consumer.

The law in some countries does make clear that only individual people can count as consumers, given that anyone operating in a professional capacity can be seen as better able to defend their rights.

However, not all countries operate such an approach, with some extending consumer protections to cover small businesses, for example the Netherlands and Belgium. The same has also happened in Australia and New Zealand (for businesses with a turnover of up to $250 000).

These countries have recognised that an imbalance in negotiating power or information can affect an organisation just as much as individuals. The specific nature of libraries as neither businesses nor individuals makes this approach particularly interesting.

For example, the Belgian law makes it clear that small businesses can also raise doubts about contracts which allow sellers to change the characteristics of what they are selling unilaterally (recalling the situation of missing eBooks and journals).

The Australian law, also, allows for such unilateral changes to be counted as unfair, at least when the buyer is locked into the contract (a situation which may, de facto, be the case for a library acquiring content in order to serve students and faculty).

 

This blog, in looking at themes that emerge in consumer law, complements previous posts exploring the insights that competition law offers into the way markets for libraires do – or do not – function.

The previous post highlighted the issue that refusals to sell or licence (in particular where these seem designed to encourage the buying of big deal packages) create. It also noted concerns that libraries’ limited margin for manoeuvre faced with expectations from users and faculty put them in a weaker position, and left them susceptible to needing to pay more.

This post adds to this the risks around contract terms which prevent the fulfilment of recognised public interest goals (especially in the case of non-negotiable contracts), and around unilateral changes in packages offered.

There is certainly scope for looking further, from both the competition and consumer policy angles, in order to understand better the challenge facing libraries in a digital marketplace. Comments and links to further materials on the subject are welcome in the comments box below.

The 10-Minute International Librarian: #29: Think how you can work with local representatives of international organisations

A key focus of our 10-Minute International Librarian series is the idea that you do not need to leave home to be active internationally.

This is true for work with IFLA, but can also be for cooperation with other international organisations, including intergovernmental ones.

This can be a really exciting way to strengthen the work of your national library field through accessing new resources and expertise, as well as increasing the status of libraries.

International organisations can also benefit a lot from working with our institutions.

Alongside the positive reputation of libraries, we can offer great opportunities to display information to the public, as well as reach into communities.

There’s a lot to gain from cooperation!

So for our 29th 10-Minute International Librarian exercise, think about how you can work with local representatives of international organisations.

Use the list prepared in last week’s post as a starting point. Do you have projects or activities around heritage where you could work with local UNESCO commission?

Could you invite the local UN Information Centre or representation to a meeting to talk about the SDGs?

Are there local projects of UN HABITAT or others which could benefit from engaging with libraries?

Have a think about what you could do, and then use this list when setting out your future plans.

Share your ideas in the chat below.

Good luck!

 

This idea relates to the IFLA Strategy! 1.2 Build a strong presence in international organizations and meetings as a valued partner.

You can view all of our ideas using the #10MinuteInternationalLibrarian tag on this blog, and of course on IFLA’s Ideas Store! Do also share your ideas in the comments box.

Library Stat of the Week #47: Countries Implementing the Marrakesh Treaty Overwhelmingly Choose Not to Introduce or Maintain Restrictions on Access Possibilities

This week, the world celebrated the International Day of Persons with Disabilities. Held on 3 December this has been marked for almost 30 years, and provides an opportunity, as highlighted by the United Nations to ‘promote the rights and well-being of persons with disabilities in all spheres of society and development, and to increase awareness of the situation of persons with disabilities in every aspect of political, social, economic and cultural life’.

Crucial to achieving this is providing access to information. As the 2006 Convention on the Rights of Persons with Disabilities states in its Article 21, governments should look to provide access to information at no extra cost.

The Marrakesh Treaty, agreed in 2013, makes achievement of this easier by removing unnecessary copyright-related barriers to the making and sharing of accessible format works for people with print disabilities. With over 100 countries now having ratified or acceded to the Treaty (or being members of the European Union, which has ratified as a bloc), there are exciting possibilities for libraries to provide more extensive services.

IFLA has been working to maintain the momentum towards not only ratification and accession, but also effective implementation of the Treaty on the ground. This is because for institutions such as libraries to be able to serve potential beneficiaries, they need the certainty that clear national laws can apply.

In this context, IFLA has called strongly on countries not to make use of the possibilities in the Treaty which can oblige libraries having already acquired copies of works to pay more for making accessible format copies, or to carry out a search of the markets before doing so. Both bring additional costs in terms of money and time which necessarily reduce resources available for service provision.

Therefore, in this week’s Library Stat of the Week, we take a look at some of the key statistics around Marrakesh implementation, based on IFLA’s Marrakesh Monitoring Report, which brings together known information from the 107 countries covered by the Treaty.

Graph 1: Have Countries Acted to Implement the Treaty in National Law?

Graph 1 looks at available data on whether countries which have officially ratified or acceded have taken action to implement the Treaty in national law. To our knowledge, over 42% have done so, with a further nearly 3% not needing to, given that international laws apply directly in national law.

However, this leaves a majority which have either yet to act, or where further information is needed. Where no action has been taken – including when there are already laws in place, but these do not cover all of the issues covered under the Treaty – there is a pressing need for reform.

Graph 2: Can Libraries Use Marrakesh Provisions Without Extra Payments?

Graph 2 looks at one of the possibilities in the Treaty to restrict the scope of the new powers, notably the option to oblige libraries and others to make additional payments for making and sharing accessible format works. IFLA has argued against using this, given that it has been the failure of rightholders to make works available in accessible formats that has caused a lack of access for people with print disabilities.

This finds that, fortunately of those countries which have legal provisions in place, over 90% have not made use of the possibility to oblige such payments. This provides a powerful example for those who are still to act.

Graph 3: Can Libraries Use Marrakesh Without Needing to Search the Market?

Graph 3 looks at the other possibility included under the Treaty to limit the application of its provisions by obliging libraries and others to limit their work under the Treaty to works which are not commercially available in accessible formats.

IFLA has argued that such provisions do more harm than good. If an accessible format copy is readily available on the market, libraries will seek to use this because it will be cheaper than making their own. However, obliging a check on commercial availability adds an extra bureaucratic step, and of course creates new liability – how can a library be sure, especially when sharing books across borders, or whether a book really is available or not, in the necessary format?

The graph shows that over three times as many countries which have clear provisions on the subject do not introduce restrictions here as do. Again, this provides a positive example.

It is worth noting, in both of the cases set out above, the Marrakesh Treaty makes clear that if countries wish to apply the restrictions, they need to notify WIPO. In reality, only three countries have done this (Australia, Canada and Japan). Nonetheless, Canada has not yet make use of this possibility. As such, those countries which have applied restrictions without notifying WIPO have arguably done so illegally.

Graph 4: Can People With Other Disabilities Benefit from Marrakesh Provisions?

Graph 4, finally, looks at the extent to which countries have extended the possibilities to support people with print disabilities created under the Marrakesh Treaty to people with other disabilities. Despite claims by some stakeholders, this is a clear possibility for Members States.

The data indicates that, where there is clear information, more countries have indeed used this possibility than have not. This is certainly a positive step, given that the Treaty as it stands does leave out groups such as those experiencing deafness.

 

Overall, while there is certainly room for frustration at the slow speed of implementation of the Marrakesh Treaty into national law, among those countries that have acted, the majority have done so without introducing restrictions, and using possibilities to benefit wider groups. In doing so, they have stayed faithful to the spirit of the Treaty, as well as of the Convention on the Rights of Persons with Disabilities, and the International Day of Persons with Disabilities in general.

 

Find out more about library data on on the Library Map of the World, where you can download key library data in order to carry out your own analysis! See our other Library Stats of the Week! The data supporting this analysis comes from IFLA’s Marrakesh Monitoring Report. See also IFLA’s Getting Started Guide, focused on implementing the Marrakesh Treaty.

Building Capacity in Copyright: Gathering existing resources

In 2019, IFLA’s Advisory Committee on Copyright and other Legal Matters (CLM) and the Information Literacy Section represented by its former chair Lisa Hinchliffe, are exploring the theme of copyright literacy education in library associations. The presentation of the research carried out by Lisa Hinchliffe, Kaylen Dwyer and Jayde Rose is available here.

Building on this work, and in line with its mission to support its Members, IFLA continues to engage in the subject of copyright literacy and is putting together a collection of educational resources on this topic. We welcome submissions and suggestions.

Copyright, a legal area that remains crucial in libraries.

Whether this is about reproductions of collections in heritage libraries, scholarly communication in university libraries, controlled digital lending, or eBook licenses, many major issues in the field of libraries are linked to copyright.

Therefore, there is a necessity to continue supporting libraries in building copyright capacities on a regional, national and international scale, and to ensure that libraries are well-represented in these discussions.

The topic of copyright for library associations generally requires a national approach, given that the legal framework for copyright is primarily defined by national regulations.

Nonetheless, it is possible to look to the international level for materials to help understand copyright trends. Furthermore, IFLA and others’ work to advance exceptions and limitations to copyright internationally aims to provide leverage in discussions, but in turn, relies on the implication of libraries nationally.

The development of educational resources: key learning materials

There is an uneven distribution of expertise around the library field concerning copyright laws and ways of initiating changes with policy-makers.

To address this, many institutions and professionals continue to engage in learning activities on these issues. It seems helpful to encourage these initiatives and to continue to connect these professionals in order to build an active network.

IFLA is therefore looking at how best to support the development of educational resources on copyright in the field of libraries, and to facilitate training and strengthen the advocacy capacities of libraries.

Gathering educational resources on copyright

IFLA, therefore, encourages members to share existing educational resources on copyright, such as:

– Manuals and textbooks
– Documents and resources
– Courses
– Games
– Practical tools
– Videos and podcasts

We will gather them per country and languages to facilitate to identify resources in your country!

If you know of any copyright education resources in your country and would like to share them, contact camille.francoise[at]ifla.org