Here’s a surprising fact: you don’t own any of the ebooks that you have purchased.  You may think you own them, but what you really have is a licensed ebook that is restricted and can be taken away from you at any time.  Our public libraries are facing the same licensing constraints, but at skyrocketing prices and restrictive terms that our public institutions can no longer afford.

The Rhode Island Library Association (RILA) has worked with local lawmakers this legislative session to introduce bills in the House and Senate regarding library ebook contracts in the state of Rhode Island. For years now, the publishing industry has been decimating public library budgets in Rhode Island and across the nation with high ebook prices and licenses that disappear over time. 

Most major publishers are currently charging libraries up to ten times or more the cost of ebooks and audiobooks than they are charging regular consumers on the open marketplace. A recent Stephen King audiobook is priced over $130. The licensing terms of these library ebooks mean they often expire after 12 or 24 months, or a certain arbitrary number of checkouts, which then forces our libraries to repurchase ebooks and audiobooks over and over again to meet demand, at the same high prices each time. It is simply unsustainable.

House bill 7606 and Senate bill 2525 attempt to use state contract law and consumer protection law to put us on a fair playing field in the marketplace. These bills also include a trigger clause, meaning we won’t go it alone. The RI bills will not go into effect unless other states with a combined population of at least 10 million people pass similar laws. This trigger clause is an economically strategic way of taking a stand against discriminatory pricing.  

Libraries are beholden to the publishers and distributors who set pricing and terms unilaterally with no opportunity for negotiation. These “take it or leave it” licensing schemes are beneficial in propping up the profits of publishers but harmful to Rhode Island libraries. We have tried on a state and national level to work with the publishers for fair pricing and licensing models to no avail, which is why we are seeking redress in the legislature.

Rhode Islanders use and love their public libraries. Reading in this state remains as popular as ever. But we have limited, taxpayer-funded budgets, and we cannot purchase enough licenses to meet the demand of our library users. People rely on the library to provide reading material that they do not have the disposable income to obtain themselves.  

Repurchasing library ebooks requires constant monitoring and analysis by library staff, where we need to decide weekly which short-term licenses we need to purchase again, and which readers will be disappointed because we cannot afford that second license.  

Limiting access to library ebooks disproportionately affects those with disabilities. Ebooks and digital audiobooks help Rhode Island citizens with visual, motor, or learning impairments to enjoy books they could not otherwise. According to the CDC, up to 1 in 4 Americans have a physical or cognitive disability. We strive to provide access to library ebooks for all Rhode Islanders and our mission is being hindered by prices that we can no longer afford.   

RILA thanks Representative Lauren Carson (D-District 75) and Senator Mark McKenney (D-District 30) for being strong advocates and for their efforts in bringing attention to this long-standing issue. 

The Rhode Island Library Association urges the General Assembly to pass the ebook bills this session.

Benjamin Hanley is President of the Rhode Island Library Association (RILA). Julie Holden is the Assistant Library Director of the Cranston Public Library. 

This op-ed was published in the Cranston Herald and Warwick Beacon, and will be published in the Providence Journal and Barrington Times.