INTERNATIONAL COALITION OF LIBRARY CONSORTIA (ICOLC)
Statement on the Google
Book Settlement
First issued December 13,
2009
Section 1.73 of the original
Google Books settlement defined "Institutional Consortium" as "…a group of
libraries, companies, institutions or other entities located within the United
States that is a member of the International Coalition of Library Consortia with
the exception of Online Computer Library Center (OCLC) - affiliated networks."
In an amici curiae brief filed
on September 8, 2009 in response to the original settlement, the Bibliographical
Center for Research, Lyrasis, and Nylink objected to the exclusion of
"OCLC-affiliated networks". These parties requested that the definition be
changed to: "…any legally constituted group of libraries, companies, institutions
or other entities located within the United States".
The BCR/Lyrasis/Nylink brief
gave the following rationale for removing ICOLC as a defining source for
"Institutional Consortium":
Section 1.76 of the amended
Google Books settlement now defines "Institutional Consortium" as "…a group of
libraries, companies, institutions or other entities located within the United
States that is a member of the International Coalition of Library Consortia".
The OCLC-affiliated network
exclusion was removed, but ICOLC was retained as the defining source for
"Institutional Consortium". The U.S. consortia that participate in the ICOLC
represent only a subset of legitimate U.S. library consortia. If this definition
is retained, unaffiliated U.S. library consortia will be denied eligibility for
possible consortial pricing discounts and other benefits that may accrue to an
"Institutional Consortium". Participating consortia of the ICOLC agree with the
rationale presented in the BCR/Lyrasis/Nylink brief and agree that ICOLC should
not be included in the definition of "Institutional Consortium". Given the
informal, self-organized nature of the ICOLC, "membership" is not a sufficiently
defined term for purposes of the settlement.
An equally major problem with
the Agreement is that it requires a significant percent of members of a
consortium to sign onto a deal for the consortium to qualify - which is not
realistic for many (if not most) consortia.
It would be more appropriate
to have a more broadly based definition of what constitutes an "Institutional
Consortium", one that is more inclusive of U.S. library consortia as a group, and
with realistic qualifications for participation.
About the International Coalition of
Library Consortia (ICOLC) The International Coalition of
Library Consortia (ICOLC) has been in existence since 1996. The Coalition is an international, informal
group currently comprising approximately 200 library consortia in North and
South America, Europe, More information
about ICOLC can be found at http://www.library.yale.edu/consortia
or contact Tom Sanville, Executive
Director, OhioLINK, "…the International Coalition of Library Consortia ('ICOLC') is not a
legally constituted body. It has no formal organizational bylaws, membership
criteria or structure, nor any defined or permanent membership. Technically,
there are no 'members' of ICOLC. It is simply an informal body that provides
continuing education and communication among those who voluntarily choose to
participate in its activities. These activities include hosting a listserv to
provide an informal information exchange among organizations that choose to
participate, issuing very occasional public statements, and holding twice-yearly
meetings that may be attended by anyone associated with a library
consortium."