The mission of the Digital Public Library of America is to maximize access to knowledge in the digital age. One of the most important ways we do that is by helping libraries acquire digital content on the best possible terms. That is why DPLA is now offering libraries the ability to purchase and own, not license, digital books.

For over a decade pioneering librarians have been experimenting with models that allow libraries to own, rather than license, their digital content (brief history here). In recent years we have heard increasing concern from leaders that their inability to own digital books limits their ability to fulfill their mission. For example, see this white paper from the New York University Engelberg Center for Innovation Law & Policy and this set of principles for library ownership published by Library Futures.

DPLA, in partnership with Lyrasis, is part of the Palace Project, a library driven platform that enables innovation. In response to the need we have heard from our community we have used the Palace platform that enables libraries to purchase and own digital content.

Through Palace, we enable libraries to own the titles they acquire, just as they do with physical books. This model provides the legal framework (detailed terms) that:

• Ensures that rights holders retain copyright to their works and all subsidiary rights, but the library owns the specific digital copy it has acquired.
• Allows libraries to lend the book to one reader at a time, update books as needed for preservation by migrating them to new digital formats, loan the book to patrons of partner libraries through interlibrary loan, and transfer owned books to other libraries.
• Libraries may host owned books in Palace Marketplace, transfer them to another appropriate platform, or even take possession of the files themselves (as long as the library can ensure industry-standard security measures are in place to prevent unauthorized access).

Here are answers to some frequently asked questions about the DPLA model for library ownership:

What are the legal terms of the ownership model?

The relevant terms are summarized in detail here

Why does this matter?

A growing number of libraries and industry thought leaders have expressed that digital ownership is important for libraries in order to fulfill their missions of collecting and preserving content for the long term. Libraries want to own their digital books the way they do physical books and believe that ownership will better ensure the library’s ability to preserve content, update the formats when needed, share the content with other libraries, and transfer the content between hosting environments when they change systems.

What protections will be in place for rights holders?

DPLA employs industry-standard Readium Digital Rights Management (DRM) technology within the Palace Project to control access to copyrighted material. DRM protection encrypts files to prevent unauthorized access and allows libraries to limit access to authorized users. Only one user will have access at a time. The Palace Marketplace will host the files on secure servers with robust industry-standard cybersecurity measures in place. The Palace Marketplace and apps have undergone multiple third-party tech audits to ensure proper implementation of DRM and server security. These measures significantly reduce the risk of unauthorized access to unencrypted content. Any successor host of owned content will be required to provide similar industry-standard security.

What rights will libraries have with this model?

The DPLA ownership model allows libraries the legal right to:

• Buy and own digital books: Ownership allows libraries to maintain long-term possession of digital books as part of their permanent collections, regardless of maintaining an ongoing relationship with the publisher or distributor. Responsibility for maintaining preservation and access rests solely with libraries, not publishers.
• Preserve digital books: Libraries can store and maintain digital copies in a manner that allows them to be accessed by patrons, including having the right to update file formats if necessary.
• Lend the digital books: Libraries can grant temporary access to one copy of a purchased digital book to one patron at a time, consistent with the library’s policies regarding the length and terms of the loan. Libraries may make incidental copies as necessary to perform the lending function.
• Cooperate and share with one another: Libraries have the right to lend to the patrons of another library through interlibrary loan or give the book to another library.

Can all of these things currently be supported by the Palace platform today?

No. The list above outlines the legal rights the library has. Some of these items are new and will require further exploration and development before they can be supported operationally. DPLA and Palace are committed to working with our partner libraries to explore and develop the best ways to exercise these rights over time.

What obligations do libraries have under this model?

Under this model, libraries must:

• Keep the books safe by employing reasonable, industry-standard security measures, including DRM unless waived by the publishers, to prevent unauthorized access.
• Not alter the substance of the underlying copyrighted works.
• Follow applicable law and their own policies with respect to the collection and sharing of patron data.
• Maintain a record of their purchase of such a licensed work so they may utilize their rights in the future.
• If a library chooses to exercise its rights under this model, it will be responsible for the associated costs. For example, if a library decides to migrate files to a new platform, it will be up to the library to ensure the new platform agrees to take and host the files. Similarly, if a library wants to migrate files to a new format, the library will be responsible for the transformation costs.

Where can libraries purchase these books?

Libraries can purchase these titles in the Palace Marketplace. Palace Marketplace, founded by Digital Public Library of America, a strategic partner of The Palace Project, is a non-profit ebook and audiobook marketplace developed in consultation with libraries, for libraries. The Palace app allows libraries to serve content from all of the major e-content vendors, including Palace Marketplace. Currently, the ownership model will be available to a subset of titles available within the Palace Marketplace.

What exactly is available today?

Libraries can purchase owned titles from the Palace Marketplace. Currently, there are approximately X publishers and Y titles that offer this model in the Palace Marketplace.

How can libraries update the format of digital books they own?

If a new format is released that provides better access, the library may choose to migrate the file to the new format and replace the existing one. The library will be responsible for performing this work or contracting it out. DPLA or Lyrasis may offer services to support this migration.

What are future “yet-to-be-invented” formats?

Future “yet-to-be-invented” formats are exclusive to digital only. Updated formats are intended only to preserve and serve the purchased copy. For example, if a new version of EPUB is released, e.g., EPUB3 or “Future Pub.”

How can libraries transfer titles?

At any time a library may request that owned titles be transferred to a new host. As long as DPLA has a reasonable good faith belief that the new host will be able and willing to comply with the obligations set forth in the sales agreement, namely keep the file in a secure environment protected by industry standard DRM, we will transfer the files. Unlike the transfer of licensed content, where information about the license is transmitted but no book files actually change hands, DPLA will actually transfer the unencrypted books file to the new qualified host. Once the transfer has happened the library is exclusively responsible for the files thereafter and there are no further support obligations from DPLA or Palace.

How can libraries take possession of titles?

At any time a library may take possession of the digital books so long as they can demonstrate to DPLA that they have the capacity to host the file in a secure environment protected by industry standard DRM. So long as that is the case DPLA will transfer the unencrypted books file to the library and thereafter the library will be responsible for keeping them safe. Once the transfer has happened the library is exclusively responsible for the files and DPLA and Palace will have no further support obligations.

What is DPLA?

DPLA stands for Digital Public Library of America. DPLA is a national non-profit organization with a mission to empower people to learn, grow, and contribute to a diverse and better-functioning society by maximizing access to our shared history, culture, and knowledge.

What is Lyrasis?

Lyrasis is a community-focused, mission-driven nonprofit that partners with archives, libraries, museums and research communities to ensure enduring access to our shared academic, scientific and cultural heritage. Home to The Palace Project, BiblioBoard, the Indie Author Project, DSpace, ArchivesSpace and other community-supported programs, Lyrasis offers technologies and services to help knowledge professionals and collections-holding organizations worldwide foster collaboration, solve problems and build solutions to benefit the wider community.

What is the Palace Project?

The Palace Project, initially funded by a multi-year, multi-million-dollar investment from the Knight Foundation, is supported by Lyrasis in strategic partnership with the Digital Public Library of America (DPLA). The Palace Project’s vision is to strengthen the public library’s vital role as the digital center of the community with unique programs and software solutions.

As a library, how do I sign up for Palace?

If you are a library interested in signing up for The Palace Project, simply email info@thepalaceproject.org or visit thepalaceproject.org for more information.

How do I access the Palace App?

The Palace App can be downloaded for free on iOS or Android. Search “Palace Project” in either the Apple App Store or Google Play Store to download the app to your device. After downloading the app, search for your library or, if your library is not currently available in Palace, select the “Palace Bookshelf” from the list to access thousands of free titles.

How is this similar or different is this model from content acquired through BiblioBoard?

Like this model, the BiblioBoard offering allows libraries to keep the books they acquire forever and potentially take possession of the files themselves. The BiblioBoard model generally does not require DRM and allows for unlimited simultaneous users. You can browse books available from BiblioBoard here. To learn more, please contact Roy Serrao at roy.serrao@lyrasis.org.

Is this model new? Has it ever been done before?

The desire for libraries to own their ebooks and audiobooks is not new. Pioneering library leaders experimented with library ownership shortly after library ebook services began in the early 2000s. The most prominent of these experiments was at the Douglas County Library in Colorado, where Jamie LaRue developed the “Douglas County Model,” in which the library worked directly with publishers, ingested files from them, and hosted the files on their own Adobe Content Servers. Similar projects were undertaken by Queens Public Library and CALIFA, which took possession of files as part of its Enki collection. While compelling, these projects proved onerous from a technical and operational perspective and, thus, difficult for libraries to scale and sustain. CALIFA’s Enki project is still serving content to patrons from self-hosted servers. The other projects in this vein were wound down long ago. So, while there have been other efforts to enable library digital ownership, this is the first and only time that all libraries have had the ability to own digital titles at scale.

Has anyone else given input on this model?

This legal framework was developed in consultation with a number of legal experts and librarians focused on digital collection building. The principles underpinning this model are consistent with those that these library thought leaders focused on working toward digital ownership have expressed through the Library Futures Principles on Library Ownership of Digital Books.

How can I learn more?

If you would like to get involved in The Palace Project or learn more, please reach out to info@thepalaceproject.org. You can also join The Palace Project mailing list and learn more on The Palace Project website. For questions specifically about the terms of the ownership model, please contact ebooks@dp.la.