Courtney and Ziskina on The Publisher Playbook: A Brief History of the Publishing Industry's Obstruction of the Library Mission

Kyle K. Courtney, Harvard University Law Library, and Juliya Ziskina have published The Publisher Playbook: A Brief History of the Publishing Industry's Obstruction of the Library Mission *. Here is the abstract.

This article traces a long history of conflict between libraries and the publishing industry, documenting how publishers have consistently sought to restrict library access to materials in pursuit of profit and control. Through nine key episodes—from 19th-century legal battles over the first sale doctrine to 21st-century litigation against controlled digital lending (CDL)—the authors reveal a persistent playbook of obstruction: publishers challenge new technologies, resist expanded access, and litigate or lobby against library innovation. Yet, in case after case, courts and Congress have upheld the public interest role of libraries, affirming rights such as lending, fair use, interlibrary loan, and accessibility for patrons with print disabilities. The article concludes that CDL, currently under legal challenge, is the next chapter in this historical arc—an essential library practice that should be defended and affirmed, as past access innovations have been. The pattern is clear: when libraries push to democratize knowledge, publishers push back—and public policy must continue to support libraries’ mission over private restriction.

Download the article from SSRN at the link.