Monthly Archives: December 2021

Happy Public Domain Day: three ways of looking at why it matters

1 January of each year is Public Domain Day, the day that a new set of historical works enter the public domain, opening up wide new possibilities for access and use.

The reason for this all happening on 1 January is because many copyright laws provide protection for a set number of years (at minimum 50, often more) after the end of the year in which the creator died.

This protection gives an exclusive right to control things like reproduction, distribution, translation, performance, or communicating to the public online. These tend to be known as ‘economic’ rights; meanwhile ‘moral’ rights (such as to be named alongside a work) do not have a limit in time.

As such, in countries with protection lasting for life plus 50 years, it means that the works of creators who died in 1971 are now far more freely available. In countries with protection lasting for life plus 70 years, it is the works of creators who died in 1951. Some other countries have more complex rules – you can find out more on the relevant Wikipedia page.

While of course it may seem odd to be celebrating the fact that a certain time has passed since a death, in reality, entry into the public domain brings many benefits, including of course to creators insofar as their original motivation for creating will have been to share their ideas with the world.

Nonetheless, there is an unfortunate trend towards trying to extend copyright terms, often as part of trade deals, limiting when new books, songs and images enter into the public domain. There are also efforts in some countries to charge fees for use of public domain works, or at least direct reproductions of them.

This blog sets out three connected angles to the argument for celebrating Public Domain Day.

 

Library collections liberated

Public Domain Day is an important moment for libraries holding works whose economic copyright protection comes to an end.

To survive until this point, relevant books, documents, recordings, images, and other materials will likely have benefitted from significant investment in preservation and conservation.

And while they may well have been open for limited access and use already, entry into the public domain is what creates many new opportunities to ensure an impact in terms of access to and use of works.

For example, new possibilities emerge to make digital copies of works which can be made freely available online, to use copies in class or even research, in person or remotely without payment, and library users have much wider options to play with or remix works.

In effect, it allows for a much deeper, richer engagement between library users and the heritage and ideas of the past, going beyond the simple ‘consumption’ of works.

Clearly, in providing access, it remains important to remember that copyright is not the only factor at play in deciding whether to provide access to works or not. Factors such as the interests and preferences of indigenous groups, privacy and beyond will also come into play!

 

Building the knowledge commons

Connected to the previous point is about what entry into the public domain means for the ability of libraries to make an impact, a second argument focuses on how this contributes to the building of the Knowledge Commons.

This is a term that has existed for a while already, building on previous ideas of ‘commons’ – things and resources that are owned by, and available, to all, contributing to individual and collective wellbeing.

It receives particular attention in the recent UNESCO Futures of Education report, which refers to it as ‘the collective knowledge resources of humanity that have been accumulated over generations and are continuously transforming’.

The UNESCO report underlines how important it is for young people, as they learn, to be able not only to access this commons, but also to contribute to it. It cites this as a step away from rote-learning, with young people simply forced to accept the status quo.

Clearly, possibilities for access, analysis, and re-use are at their strongest when works are in the public domain! In effect, each year on 1 January, we can mark the moment that the knowledge commons grows stronger, offering new possibilities for learning, sharing and creativity.

 

Maximising welfare

Of course, a key argument for copyright in the first place is that it is by keeping works out of the public domain, and so crating artificial scarcity, that it is possible to generate the income necessary to cover the costs of creation.

While of course it is unsurprising that actors depending on a business model built on the exploitation of copyright will tend to paint this as the only possible means of supporting creativity, it is also true that no other dominant single dominant model has yet emerged to replace it, at least in the creative industries. Clearly we do have an interest in ensuring that those who have a talent for developing and expressing new ideas should have a means of earning a living by doing it.

The question then is where to find the balance. One way of thinking about this is by looking at costs and benefits over time.

Graph suggesting that the cumulative net benefits of copyright peak at a certiain time, and then fall awayGraph A offers a way of reflecting on this, for a complete set of works published in a given year. The horizontal axis represents time after publication, and the vertical, benefits/costs. Figures are not included, as the graph provides a model, rather than a set calculation, and because it can be hard to put a clear figure on monetary costs or benefits to some things.

The blue line represents the benefit to rightholders from copyright – in effect what is earned from sales and other licensing revenue. This starts high, but rapidly falls, with a ‘long tail’. This reflects the fact that most copyrighted works have a very limited commercial life, and just a few will continue to make money for a long time while others are effectively forgotten or worse, lost.

The green line represents the costs to the public – the impact of people who would benefit from having access to the full set of works not having it, for example to support education, research or wellbeing. Clearly some people can buy works, but it’s assumed that they have paid what they felt the work was worth, and so there is no net cost or benefit to them.

The red line therefore represents the net benefit of copyright to society as a whole – i.e. the benefit to the rightholder minus the cost to the public.

At first, this is positive. However, after a time, the cost to the public of not being able to access works becomes greater than sales or licensing fees for rightholders. At this point, the red line drops below the axis, representing a net loss to society as a whole.

Finally, the dark grey line represents the cumulative net benefit over time. At first, this is growing. However, once the costs of copyright grow higher than the benefits, this line starts falling, representing a falling total benefit to society over time.

Graph indicating that the net cumulative benefits of copyright peak and start falling at some point. However, by having a date of entry into the public domain, it is possible to halt this fall in net benefitsEntry into the public domain provides a response to this situation of a falling cumulative net benefit over time. Graph B illustrates this. At halfway along the horizontal axis, works from a given year enter the public domain, and so benefits to rightholders from sales and licensing fees (blue line), which were already low and falling, are reduced to zero. However, the costs to the public (green line) also disappear, and in fact turn into benefits as people are able to use and enjoy works freely.

The impact of this is that there is now a net benefit to society again (red line), meaning that cumulative net benefits (grey line) also start to rise again, reversing the downward trend previously seen.

Of course, the specific shape of some of these lines can be discussed (and of course, date of entry into the public domain most often depends on when the author dies), but in effect, this provides a more economic model for understanding why the public domain matters for the societies that libraries serve.

In particular, assuming that the term of copyright protection is already longer than the point at which the costs of copyright start to outweigh the benefits, then any extension of terms would certainly lead to further net losses to society.

 

In summary, public domain day is something to be celebrated, both for libraries themselves, and for the societies we serve. It creates new possibilities for libraries to get the best out of their collections, it significantly expands the knowledge commons, and it corrects a situation of falling net benefits to society.

Happy Public Domain Day!

 

Interested in finding out more? Key organisations associated with the public domain are holding a celebration on 20 January, with a particular emphasis on the sound recordings now becoming available – find out more here!

 

The 10-Minute International Librarian #78: Share Feedback

Librarianship is a learning profession.

This is why we have associations and other groups, nationally and internationally, which provide opportunities to share and listen to others.

IFLA itself is all about helping library and information workers to discover insights and ways of doing things that they can then incorporate into their own practice.

But learning can of course also take place every day, through reflecting on what has worked and what hasn’t. A number of posts in this series have already addressed this!

However, people shouldn’t need only to rely on what they remember and perceive. It can be really helpful to receive reactions and views from colleagues.

Of course, for this to happen, you need colleagues who are ready to make the effort to do this!

So for our 78th 10-Minute International Librarian exercise, share feedback.

Can you see something in a colleague or someone else’s work which is particularly good, and that they can continue to do?

Or is there something that could be done better?

Clearly, in giving feedback, it is important to be sensitive. Don’t make assumptions, and be sure to keep things constructive.

Think also if there are other factors which could mean that your feedback is likely to be more or less effective. In the end, the goal is to help someone perform better in their job.

Let us know about the most useful feedback you ever received in the comments box below.

Good luck!

 

This idea relates to the IFLA Strategy! Key Initiative 3.4: Provide targeted learning and professional development

As we publish more ideas, you will be able to view these using the #10MinuteInternationalLibrarian tag on this blog, and of course on IFLA’s Ideas Store! Do also share your ideas in the com

From the 17th to the 21st centuries: Copyright, Creativity and Access

Who should pay for creativity and how?

And who should be able to access creative works and how?

These are questions to which the answers have varied over time, leading to different business models, and different outcomes.

Of course, at the heart of this discussion is copyright – a set of exclusive rights awarded to creators allowing them control over copying and many forms of use of the works they have created.

As this blog will set out, copyright is often portrayed as a form of progress compared to what came before. However, the shift from patronage to a free market cannot be the end of the process if we are to reflect the understanding of human rights that has emerged over the 20th and 21st centuries.

From the 17th to the 19th centuries

The traditional model of supporting creativity and the arts is often characterised as being about patronage, i.e. where wealthy individuals or organisations simply provide the money up front for a new book, painting or other work.

For a long time indeed, monarchs, aristocrats, wealthy merchants and businesspeople, and religious institutions tended to be the ones paying the bills, in highly unequal societies where most people were illiterate and struggled to survive.

Under this model, the only works that would get created were those that could find a wealthy backer.

We can see this as a 17th century model (or at least the model that dominated up until the 17th century) – i.e. before the first copyright laws came into force in the early 18th century, and were internationalised with the Berne Convention in the 19th.

In effect, by creating a property right, copyright made it possible to turn works into commodities that could be bought and sold on the market. In doing so, it ensured that it wasn’t just the richest people and institutions that determined what would be paid for, but rather the wider buying public

Of course, it is not as if the patronage model has gone away. Patronage by wealthy backers is still a big thing in the visual arts sector, and government cultural policies can often be key in helping emerging talents and minority voices break through.

Moreover, in the scholarly sector, copyright has little if anything to do with whether researchers get paid – university salaries and grants rather account for this.

Nonetheless, those arguing for stronger copyright often focus on the importance of the shift from a (17th century) patronage model to a (19th century) market model as progress.

Under this discourse, copyright is a democratising influence, allowing the decisions of millions of consumers to determine what gets produced, rather than a small number of powerful and/or wealthy individuals.

From the 19th to the 21st centuries: from charity to guarantees

The promotion of the idea of copyright as a far-reaching exclusive property right created a new issue however – how to facilitate uses of works that contribute to broader public interest goals.

With the 20th century, the notion of universal human rights came into focus with the Universal Declaration of 1948. In the 21st century, the logic of ‘no-one left behind’ and a ‘right to development’ have come into the mainstream, accentuating the idea that everyone has a right to a basic set of possibilities to fulfil their potential.

In this context, there is the question of how to meet the needs of people who might need books and other works, but cannot otherwise afford them. In other words, what would happen when the free market doesn’t deliver?

The 19th century approach was, arguably, through charity. The generous rich would provide support for the less fortunate, on a discretionary basis. In effect, they filled a gap that many governments were unwilling to fill, although doubtless in doing to encouraged the idea that there was no need for governments to act at all.

We still see the legacy of this approach, not least in the case of libraries with the construction of many institutions by people like Andrew Carnegie.

However, philanthropists and their fortunes come and go, and goodwill alone does not provide a strong foundation for guaranteeing fundamental rights.

Over the 20th century, the importance of exceptions and limitations to copyright, as a means of avoiding market failures and guaranteeing possibilities to deliver education, research, parody and beyond, emerged, not least through doctrines such as Fair Dealing and Fair Use.

However, these exceptions have increasingly been bypassed in the 21st century with the rise of digital tools for providing access to content. With the terms of contracts often priming over law, and few libraries or users in a position truly to negotiate terms, rightholders have an immense ability to determine what can and cannot be done with books, returning to a model of unlimited rights.

In the case of libraries, this means control over what our institutions can buy, whether they can lend it, copy it for education or research purposes, or even preserve it for the future.

This is not, arguably, an adequate way to enable libraries to carry out activities that make a reality of these key activities. Relying on a combination of the market and the discretionary generosity of private actors is not enough.

We have seen, during the COVID pandemic, that depending on goodwill offers of access to materials by rightholders has led to a highly uneven level of access, which often stopped well before the need for this disappeared (indeed, this need is continuing).

This is where the importance of a modern, balanced copyright system comes in, ensuring that institutions like libraries, as well as schools, research institutions and others, are able to deliver on these key rights, independently of the goodwill of private actors.

If we are to ensure that the rights of access to education, research and culture are realised in the 21st century, we need copyright laws that take a positive approach to delivering on these rights.

Clearly, of course, this needs to be done in a way that does not jeopardise the creation of works in the first place, but there is evidence enough that empowered libraries constitute an asset, not a threat, to the sustainability of the book sector.

In particular in fields where governments already play a key role in paying for creativity and publishing, the importance of ensuring that these investments deliver on public interest objectives is particularly strong.

In short, a modern copyright system requires not just a shift from patronage by the wealthy to a greater freedom to create and earn a living from creativity – i.e. from the 17th to the 19th centuries – but also a shift from fundamental rights of access to information depending purely on goodwill to being guaranteed in law – and so from the 19th to the 21st centuries.

Libraries: Vectors of Solidarity

For the last fifteen years, the United Nations has marked International Human Solidary Day on 20 December. The goal of the day is to celebrate the place of solidary as a fundamental and universal value that should underlie relations between peoples.

As this blog argues, libraries are vectors of solidarity – a way in which those who pay taxes and otherwise invest their energy today, can bring benefits to people, current and future, who would otherwise miss out.

 

Solidarity with the present

First of all, when a society decides to build and support libraries, it is demonstrating solidarity with those among its members who would otherwise struggle to access information, education, research and culture.

Clearly the most obvious form of redistribution of wealth comes in the form of benefits or other payments to those who are less fortunate. However, high-quality universal public services, supported by taxation, have a similar impact, providing things that people would otherwise need to pay for, or have to forego.

Libraries are no exception here, helping to ensure that everyone enjoys the basic set of rights to which they are entitled, even if they do not have the resources to buy them privately.

Of course, libraries may be equally used by all members of the community (both those paying more tax, and those paying less) – indeed, this universalism helps ensure that there is no stigma to using their services.

However, their relative importance is often greater for those with fewer possibilities to access books, get online, or participate in learning otherwise.

To turn things around, if those who are rich enough to pay larger amounts of taxation withdraw their support, it will be those who are less well-off who suffer most in terms of reduced opportunities to benefit from what libraries can offer.

This is of course also an argument for why it is so important to combat tax evasion and avoidance, in order to allow for the services (including library services) that benefit society as a whole.

 

Solidarity with the future

Yet libraries are not only about providing a means for the more fortunate in a society to help the less fortunate today. They also help demonstrate solidarity with future generations.

An immediate example is in the contribution libraries make to combatting child poverty.

As highlighted in our blog for World Children’s Day, libraries are strongly engaged in providing skills and services that can help break the vicious circle that can often lead poor children to become poor parents.

The existence of libraries, supported by the taxpayer, also benefits the future by building a culture of reading, bringing forward new researchers and creators, and promoting key digital skills.

There is also solidarity in what libraries do to ensure that future generations can access the knowledge and heritage of today, thanks to preservation and conservation work.

And perhaps most pressingly, there is the work of libraries in promoting action on climate change, and the activities of IFLA’s Environment, Sustainability and Libraries Section, focused on encouraging people to invest time and energy now, for the good of those to come.

 

As a well-circulated blog from the University of Warwick recently pointed out, closing libraries can be seen as classist – an attack by the better-off on the perceived ‘undeserving’ poor.

As this blog argues, and following on from the University of Warwick piece, It follows that a healthy library system is a sign of a society that cares about equity and solidarity, not only towards those who are less fortunate today, and tomorrow.

The 10-Minute International Librarian #77: Think how to develop a growth mindset

It’s normal, whenever you do something, to want it to go well.

As a result, it can be disappointing when this isn’t the case. Sometimes, the fear of failing can even prevent us from trying new things.

This is a problem though! Because when we don’t innovate – either by doing something completely new, or testing out an idea from elsewhere – we improve or update our practice.

And with the world changing around us, change is necessary if libraries are to continue to be able to fulfil their core missions. Even if it doesn’t work, there is also an opportunity to learn too!

A first step towards this is to be aware of when we hesitate to do new things because of these concerns, and to be ready to overcome this.

So for our 77th 10-Minute International Librarian exercise, think how to develop a growth mindset.

Think about where a hesitation to try something new may be holding you back.

Work to convince yourself that failures as an opportunity to learn, without losing the confidence to keep going and try again.

Of course, it’s not a question of acting without thinking, but rather of being ready to take on reasonable risks, knowing that you will either succeed, or learn something useful.

Let us know about your experiences of adopting a growth mindset and taking a risk in the comments box below!

Good luck!

 

This idea relates to the IFLA Strategy! Key Initiative 2.1: Produce, communicate and distribute key resources and materials that inspire the profession

As we publish more ideas, you will be able to view these using the #10MinuteInternationalLibrarian tag on this blog, and of course on IFLA’s Ideas Store! Do also share your ideas in the com

A Look Back at the International Year of Creative Economy for Sustainable Development

The end of a year is a time for reflection and stock-taking, but also a moment to look ahead at what can be built on the year’s achievements.

As 2021 was the International Year of Creative Economy for Sustainable Development, IFLA engaged with our global network to explore the role of libraries in supporting creativity, enabling the protection and promotion of diverse cultural expressions, and upholding cultural rights for all.

This has laid the groundwork for more engagement with culture, creativity, and sustainable development in the future. So let’s take a moment to reflect on what has been done and have a look at what is coming up.

Launching the Conversation

Libraries are a key resource for fostering equitable participation in culture on the local, national, and international scale. Exploring this topic during 2021 was an opportunity to strengthen library advocacy for cultural rights and sustainable development.

Read more on how libraries support cultural participation here: Libraries opening the door to cultural participation in the International Year of Creative Economy for Sustainable Development [February 2021].

In particular, IFLA got involved in library advocacy on this topic through engaging with the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005 Convention). To start, we created a guide to help our members learn more about this convention: Get Into the 2005 Convention.

Building on this, we shared tips for actions that our members can take to engage with UNESCO on this topic: Highlighting the Role of Libraries in Protection and Promotion of Diverse Cultural Expressions [March 2021].

Bringing a Library Voice to the Debate

IFLA participated as an observer in the 14th Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions, and provided ideas for how libraries can take steps informed by UNESCO’s priorities: Mobilising Libraries for Cultural Diversity: Next-Steps Informed by the UNESCO 2005 Convention [February 2021].

IFLA also brought libraries to the table for the Third Civil Society Forum of the 2005 Convention in May, moderating a session on culture and sustainable development.

We also worked with partners and within networks to bring a library voice to conversations focused on the importance of the cultural and creative industries in sustainable development, including through the session “Partnering through Culture, Heritage and Art for Resilient and Inclusive Recovery”, the Culture 2030 Goal Side Event at the United Nations High-Level Political Forum [July 2021], and the fourth UCLG Culture Summit, organised by United Cities and Local Government [September 2021].

Highlighting Examples from the Global Library Field

Library advocacy is not possible without input from library and information professionals sharing innovative projects, bold outreach strategies and all-around excellent ideas.

IFLA posted several calls for input over 2021 to hear how our global membership is supporting creativity and diverse cultural expressions in their libraries.

On World Day for Cultural Diversity for Dialogue and Development, we reflected on how libraries contribute to sustainable development by enabling culture to be accessed, explored and shared – including in the virtual space: Learning, Encountering, and Exploring: Libraries Making Space for Cultural Diversity [May 2021].

IFLA then engaged with several of our Professional Units and carried out desktop research to find concrete examples of how libraries foster environments where diverse cultural expressions are encouraged, valued, shared, and protected.

The result is a wide array of examples of libraries in action to support creativity, which can be found here: Learning, Making, Doing: Libraries as Incubators of Creativity and the Creative Economy [June 2021].

Creativity and Cultural Rights at WLIC 2021

Creativity came to WLIC with the dedicated session: Libraries as Incubators of Creativity. This session invited panellists to introduce projects in which their library engages with cultural actors and creators.

Examples included artist-in-residence programmes in both university and national library contexts, makerspaces for creative entrepreneurs, and support for first-time authors. This event was submitted to the UN for inclusion on the official database, as well as the final report to the UN General Assembly, on events celebrating the International Year.

For more: Libraries as Incubators of Creativity: Ideas Generator.

Another WLIC 2021 Session exploring this topic was Music in the Library World, organised by the New Professionals Special Interest Group, in cooperation with the Audiovisual and Multimedia Section (AVMS) and the International Association of Music Libraries, Archives and Documentation Centres (IAML).

Finally, for an inspirational introduction to the role of libraries are key actors in guaranteeing the right of everyone to participate in cultural life, be sure to revisit the Libraries Inspire Keynote: Transcript of the Session with Professor Karima Bennoune, immediate past UN Special Rapporteur for Cultural Rights.

Looking Ahead

Throughout 2021, IFLA has worked to raise awareness of the role of libraries in supporting creativity and participation in cultural life. We have engaged with valued partners, participated in multisectoral networks, and put the spotlight on contributions from libraries around the world.

This has built a strong foundation for continued engagement in library advocacy for culture’s role in sustainable development.

IFLA will continue working with UNESCO, especially through the 2005 Convention, to ensure that the contribution of libraries in preserving and promoting diverse cultural expressions is recognised. To start, we will participate in the Fifteenth Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions in February 2022.

Another key event coming up in September 2022 is the UNESCO World Conference on Cultural Policies and Sustainable Development – Mondiacult 2022. IFLA will be following the preparations for this Conference closely and will keep you informed of developments and opportunities to get involved in the conversation.

As the International Year of Creative Economy for Sustainable Development year comes to a close, we thank all those who have engaged with us in exploring this topic. Libraries have a critical role to play in supporting creativity, cultural rights, and sustainable development, and IFLA looks forward to continuing to work with you to bring a library voice to the global conversation.

Get in touch: claire.mcguire@ifla.org

The 10-Minute International Librarian #76: Update your references

In advocating for libraries, it is always powerful to have data or stories to hand.

As mentioned in previous posts, these can make your message stronger and more credible, both in terms of making your arguments real for others, and adding hard facts for the more statistically-minded.

Crucially, it means that you are not just sharing opinions, but that you can reinforce what you are saying with facts.

Of course, stories and data don’t last forever.

In particular, the experience of the last two years with the COVID pandemic has changed the way we perceive what is ‘normal’.

With it not sure whether we will ever return to previous ways of doing things, we cannot only refer to that world in making a relevant case for libraries.

So for our 76th 10-Minute International Librarian exercise, update your references.

Think about the stories and data you use in your advocacy. How old are they? How relevant are they still?

Can you bring them up to date, for example with evidence of the contribution of libraries, or the need for them, during the pandemic?

Can you find stories and evidence that responds to the issues that are highest on the agenda now?

Share your favourite examples of recent library impact in the comments box below.

Good luck!

 

This idea relates to the IFLA Strategy! Key Initiative 1.1: Show the power of libraries in achieving the Sustainable Development Goals

As we publish more ideas, you will be able to view these using the #10MinuteInternationalLibrarian tag on this blog, and of course on IFLA’s Ideas Store! Do also share your ideas in the com