Many large publishers restrict the ability of libraries to purchase any access to an ebook but especially access to ebooks with unlimited simultaneous use and DRM free ebooks. Libraries must rely on aggregator platforms that provide limited access to the ebook and/or must pay a price that is several times higher than the consumer price. Aggregator platforms are how libraries acquire access to materials that are not provided directly from the publisher.
The first sale doctrine (17 U.S.C. § 109(a)) in which libraries can sell or dispose of copies without copyright owners’ permission, which includes lending, only applies to print materials. What this means for patrons using ebooks is that:
- Content isn’t always stable (a book you accessed last semester might not be there the next semester);
- Content cannot be shared in the same way a physical textbook content can be shared due to Digital Rights Management (DRM);
- Content is not always accessible for persons with disabilities;
- Accessing content may impinge on privacy.
