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Following three years of litigation in the critical copyright case Hachette Book Group, et al, v. Internet Archive, we now have a strong and favorable result.  In granting summary judgement for the publisher plaintiffs, Judge Koeltl resolved all four fair use factors in the Copyright Act against the Internet Archive (IA). The opinion, issued a week ago on March 24, 2023, can be found here. 

Everyone who values our global, creative economy should read the Court’s opinion in Hachette.  The holdings are a forceful validation of well-established law and an unequivocal rejection of the defendant’s upside-down assertions that its activities support “research, scholarship, and cultural participation by making books more widely available on the Internet.” That description is meant to sound lofty, but it ignores the economic incentives and protections that make creative professions possible in the first place.  As the Court observed, “Any copyright infringer may claim to benefit the public by increasing public access to the copyrighted work” (P. 44, quoting Harper & Row Publishers v. Nation Enterprises).

The AAP helped to guide this suit because we know that copyright is both the lifeblood of authors and the foundation of a sustainable publishing industry. Four companies—Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House—stood as plaintiffs to defend the principles at stake, but our membership includes a broad mix of commercial and nonprofit publishers of nearly every size and specialty, who in turn account to hundreds of thousands of authors. 

The suit was prompted by IA’s mass digitization and distribution of millions of books, without the permission of authors or publishers, in violation of fundamental principles of copyright law.  Internet Archive sought to justify its “Open Library” under a legal theory called “controlled digital lending” (CDL), but the Court firmly rejected that assertion, holding instead that it offers up a competing market substitute for authorized versions of the works in violation of authors’ and publishers’ rights.  

For the full analysis click here.

Working with colleges and universities across the country, American publishers are helping to ensure that students have access to affordable course materials on the first day of class through an innovation in course material delivery called Inclusive Access.

Inclusive Access really began to gain momentum in 2015 when the U.S. Department of Education issued federal guidance allowing institutions of higher learning to charge for course materials as part of tuition and fees, which meant that students could use financial aid to pay for the course materials they needed.

Since then, these course materials – known collectively as Inclusive Access – have rapidly gained traction on college campuses across the country. In fact, according to 2022 research from Student Watch, 39 percent of students acquired materials through Inclusive Access models, up from 15 percent in 2019.

Learn more about Inclusive Access and its benefits in this video:

The benefits of Inclusive Access range from first-day access, to affordability, to improving student outcomes for success.

Benefits of Inclusive Access

[icon name="check" prefix="fas"] First Day Access for ALL Students

Students enrolled in an Inclusive Access course gain access on the first day of class to their instructor required course materials - promoting equity in education.

[icon name="check" prefix="fas"] Lowest Market Rate

Required by DOE regulation, institutions can charge students the lowest market rate at scale for their instructor required course materials, within tuition and fees, so students can use financial aid money without delay.

[icon name="check" prefix="fas"] Convenience

Students don’t have to spend valuable time shopping around for the lowest price and/or waiting for their materials to arrive. Course materials are delivered seamlessly within their learning management system, no access codes needed.

[icon name="check" prefix="fas"] Flexibility - Faculty and Student Choice

Faculty decide if Inclusive Access is right for their particular course and students have the ability to opt out if they wish to obtain their course materials a different way.

[icon name="check" prefix="fas"] Improvements in Student Outcomes

ALL students receive access to high quality course materials by the first day of class ensuring they have the necessary resources to begin learning day-one. Research shows an increase in student success and completion for students - with the highest increases for under-represented populations such as Black students and students over 25 years old.*

Of course, education publishers continue to offer high-quality content through other models, including purchased or rented digital materials, individual learning apps, and digital subscription models.

But because Inclusive Access offers so many benefits it has quickly become the first choice for many educators and students. In fact, it is now being used at institutions in nearly all 50 states.

*Source:
Moore, M., & Piazza, B. (2022). Inclusive Access Course Materials: An Analysis of Waukesha County Technical College’s Inclusive Access Program. https://doi.org/10.35542/osf.io/nfu4g
Moore, M. (2022). Equitable Access: A Participant v. Non-Participant Course Completion Rate Analysis from 2-Year Institutions. https://doi.org/10.35542/osf.io/drqz9

Interviews With 2023 PROSE Judges

As we approach the end of the 2023 PROSE Awards entry period, we have our final piece in our PROSE Judges Spotlight series, in which we ask veteran judge Daniel Mack for his thoughts on what makes for a winning PROSE entry.

Judge Daniel Mack is an Associate Dean of Libraries for Collection Strategies and Services at the University of Maryland in College Park, where he provides leadership in policy creation and implementation, strategic planning, program development, and assessment for library collections. He has advanced degrees in library science and ancient history and has taught college courses in ancient history, Roman archaeology, classical literature, and Latin grammar, all of which lend themselves to judging PROSE entries.

Association of American Publishers: What do you look for in a submission?

Daniel Mack: A successful PROSE submission is a work that sheds new light on a scholarly or professional topic while also exhibiting outstanding production values.  Whether the target audience consists of general readers or specialized researchers, a winning submission will employ clear writing, effective arguments, and appropriate ancillary matter to make its case.

 A successful submission will combine original scholarship with exceptional readability and excellence in production.

AAP: How can libraries and scholarly publishers work together to highlight best in classical research?

Daniel Mack: Libraries and scholarly publishers are natural partners to promote excellent research in the classics. Librarians work at the hub of interdisciplinarity, and classical research is a highly interdisciplinary field, combining the study of history, literature, philology, and material culture. 

Because they support faculty, students, researchers, and general readers, libraries understand the varying needs of these audiences.  Librarians can work with publishers to promote excellent classical research that supports the multiple intersections of these disciplines and readers. 

AAP: Do you have a favorite classical text?

Daniel Mack: My personal favorite classical text is the Aeneid of Virgil (Publius Vergilius Maro, 70-19 BCE).  Published at the dawn of the Roman Empire in the late first century BCE, the Aeneid immediately became the national epic of Rome. Virgil’s great work is both sophisticated and elusive, and open to a variety of contradictory interpretations, and has been a major influence on Western culture for two millennia, inspiring writers, artists, and composers like Dante, Shakespeare, Purcell, and Voltaire. 

Submissions for the 2023 PROSE Awards close next week, Friday, November 18^th. Learn more about the PROSE Awards here.

Interviews with 2023 PROSE Judges

In the second installment of the 2023 PROSE Spotlight series, judge Deborah Logan provides insight into not only the judging process, but also the importance of gender-balance in awards committees and scholarly editorial teams. 

Judge Deborah Logan is Publishing Director for Elsevier’s Energy & Earth journals’ program which is the largest global publishing programs in the energy and earth sciences, and which includes many flagship titles publishing world-class content. Deborah’s passions lie in raising standards, championing excellence, and promoting greater diversity in science.

Association of American Publishers: What do you look for in a PROSE submission?

Deborah Logan: I want to see the author and publisher in perfect step with each other! A strong submission letter and endorsements can really help with this.

From the author, I want to see a compelling reason for the work to have been created. Will you tell the reader something new? Will you tell it to them in a new way?

From the publisher, I want to see the work presented well. Does the work look good? Does it read well? Is there a logical flow?

AAP: Can you talk a little bit about the importance of gender-balance in awards committees?

Deborah Logan: I think balance in general is important in all areas of life. We know that a diverse team leads to innovation and better-quality decision making, both of which are critical for awards assessment, but let’s balance this where we can so that everyone feels they belong. I’ve been the only woman on a committee before, and it can be tough to feel you can introduce new ways of looking at things or influence the outcome in any way.

It’s particularly important to get different perspectives when you’re evaluating who gets an award. If you don’t have that diversity of profile, then will your candidates respect your decision? Will they even apply in the first place? Would the awards then have the value they have? I can tell you that all of the judges bring something different to the discussion and speak freely, and I know I’ve made better decisions as a result.

I feel strongly that a gender-balanced committee means we take a holistic view when we on the PROSE panel assess the awards. I also hope we can open the doors to works that might not have been submitted previously. I joined the committee to make sure I provided a fresh angle. It’s still the case that in the field I evaluate there are more men than women as authors. Yet those women authors are out there. Please encourage your publisher to submit your work!

AAP: Can you talk about the importance of gender-balanced editorial teams for scholarly works?

Deborah Logan: As with awards, so with scholarly works. This is not just about doing the right thing or having teams that reflect the diversity of the scholarly world. Nor is it even that diverse, balanced teams can stimulate excellence and innovation. These things are true, but editorial teams have another role to play. This is where you find your role models. This is where you inspire the current and future generations of scholars to create their own scholarly works in whatever field of study they choose. Scholars care about the editorial teams on journals, and they make decisions based on what they see. For me, at least, I try to make sure there are no closed doors. There are only open ones and everyone belongs.

Interviews with 2023 PROSE Judges

As submissions start to roll in for the 2023 PROSE Awards, our own Syreeta Swann, Chief Operating Officer here at the Association of American Publishers, asked veteran judge Peter Berkery for some insights into what makes a PROSE entry stand out. Peter is the Executive Director of the Association of University Presses (AUPresses). AUPresses is a partner for the PROSE Awards.

Judge Peter Berkery brings a publisher’s point of view to the 2023 PROSE judges panel, having served as Executive Director of the Association of University Presses (AUPresses) since 2013. Berkery also has extensive experience in government affairs and association management, and has a BA in Classical Studies from Boston College, both an MA and a JD from The American University, and a Master of Laws in Taxation from George Washington University.

Syreeta Swann: What do you look for in a submission?

Peter Berkery: Two things, I think: (1) the work itself advances scholarship in its discipline - or even pioneers a whole new field of inquiry; and, (2) the submission materials reflect the publisher’s belief in the work.

There’s nothing more disappointing to me as a judge than reading an entry form that’s simply a cut-and-paste of the jacket copy.

Syreeta Swann: What makes University, Professional and Scholarly Publishers unique in the publishing world?

Peter Berkery: AUPresses members share a commitment to editorial rigor, particularly as evidenced by thorough, thoughtfully-administered peer review. (The recently published 2nd edition of our Best Practices for Peer Review of Scholarly Books https://peerreview.up.hcommons.org/  is only the latest demonstration of our community's high standards.)

This commitment bears ample fruit in the eyes of PROSE Awards judges as well: last year alone, university press publications won 30 of the 39 categories and received 4 of the top 5 prizes, including the ultimate PROSE Award honor, the R.R. Hawkins Award. 

Syreeta Swann: Can a book can be judged by its cover?

Peter Berkery: Always!!! Regardless of format or medium, production values matter, and are an important part of the overall value added by scholarly publishers. They definitely get mentioned when judges deliberate.

We thank Peter for taking the time to shed some light on the PROSE judging process and look forward to seeing the entries submitted for 2023! Over the next few weeks, look to our website to see insight from other 2023 PROSE Awards judges.

And don’t forget: submissions for the 2023 PROSE Awards will be accepted till Friday, November 19^th. Learn more about the PROSE Awards here.