“Wait a minute Honey, I’m gonna add it up:” Kanopies, DRM, and the Permanence of the Collection

In my new position at the University of Washington I have a long commute, as one would expect, in a large city like Seattle. On this commute I listen to music and read and on the bus last week I reached for an old Midwestern standby, The Violent Femmes only to find that their first album, Violent Femmes (1983) had been removed from streaming platforms and, despite my purchase of the album electronically, had been removed from iTunes for me to listen to. (Reader, don’t worry many of the songs are available on their greatest hits record, aptly titled, Permanent Record.)

The Violent Femmes performing in 2006 (Wikimedia Commons)

In the last few weeks librarians have been confronted in various ways with the difficulties surrounding streaming and licensed materials. Kanopy, one of the largest and most popular streaming services available for library users, was recently and publicly dropped by the New York Public Library (NYPL). How we found this news out, and how it became well known, was a result of Kanopy sending an email to NYPL users who had registered for the service prior to NYPL’s own statement on the issue. In part, their message explained “The New York, Queens, and Brooklyn Public Libraries have decided to discontinue Kanopy’s film streaming service to its patrons…Film as a public resource is a critical part of New York’s culture and communities. We have enjoyed furthering the New York City Libraries’ mission of providing open access to knowledge… [emphasis mine].” 

Kanopy's Letter to Patrons
The Kanopy Letter sent to New York Public Library Patrons

Setting aside for a moment the frankly gross overstep of a vendor directly reaching out to library patrons about library budgetary or mission changes, let’s focus in on the language that Kanopy uses to describe their service: public resource and open access. For those of us who work in academic libraries and have dealt with the ongoing difficulties with providing access to streaming media for our communities, and especially those who are aware of Kanopy’s expensive nature, these kinds of words might make us take a pause.

As a cinema librarian I can say that film is an important part of cultural legacy and should be a public resource and that access to film should be part of any library’s collection mission. Yet, for many of us the way we consume and purchase media has dramatically changed in the past decade, as streaming and licensing digital files have become the norm for the majority of consumers. Kanopy fits into this very nicely. It’s interface looks remarkably similar to any other streaming platform, and invites users to click through its offerings like they would for Netflix, Criterion Channel, and Amazon Prime. It’s hidden cost, as we know, only triggers when a user clicks on a film and watches a certain amount of it. For users it seems free; like the offerings from Netflix that despite the monthly cost allows users to peruse and sample any film in the catalog. For the most part this is how streaming platforms like Kanopy have advertised themselves to our users.


I want to be clear that it is not my intention to pile on to Kanopy, because I truly believe that Kanopy provides a great service for spreading art and indie film to the widest audience. Rather I want us to think about how we are building collections and gathering materials in this new digital age of instant gratification and expectations.

Over the last year and especially in the wake of NYPL’s decision, I have seen many articles touting and promoting the great new “free” hidden service provided by the library. This article from Entertainment Weekly https://ew.com/movies/2019/01/18/free-streaming-service-kanopy/ emphasizes the accessibility and the free cost as these pillars of why Kanopy is amazing for users. And Kanopy for their part makes a pretty compelling case for this kind of access  CEO Olivia Humphrey states “‘We have such a wide audience,’ says Humphrey. ‘We have people who can’t afford an internet connection that go down to the local public library to watch…. That’s a really important demographic for us, [as much as] cinephiles in L.A. and New York.’ Part of serving that audience is finding what Humphrey calls “content gaps” in other streaming platforms and trying to fill the void” This is something that I think is a really wonderful part of Kanopy, is that it allows access to art and indie film through public libraries but at what cost?

Well…we often don’t know what the cost is. The model is certainly different at Academic institutions but one of the cited figures for public libraries is $2 a watch for each film, and some libraries have limited how often users can watch films a month in order to keep these figures down (
https://www.indiewire.com/2019/06/new-york-public-library-drops-kanopy-netflix-alternative-too-expensive-1202153550/ ) . For Academic institutions, Kanopy, and other services like it, are fairly reminiscent of our licensing agreements with our ebooks, and costs can be astronomical. In a Film Quarterly article critiquing the “freeness” of Kanopy, Chris Cagel, a film historian at Temple University, writes “Instead, Kanopy’s platform drives “patron-driven acquisition” in which three viewings (defined as 30 seconds or more of a title) trigger a library license fee per title. (The figures I’ve seen are $150 for a year, $350 for a 3-year license, though the price might vary or change over time.) (see: https://filmquarterly.org/2019/05/03/kanopy-not-just-like-netflix-and-not-free/ )” These costs can quickly go out of control for many libraries, and the larger the population and the more articles about how this “free service” is provided by libraries, complicate this matter. It leads us to the moment where we are forced to cancel subscriptions because our patrons are using it, rather than how we often weed in our collections based on lack of use or usefulness in a general sense.


…the larger expectation for our library within the community is that we are permanent repositories for information (see the issues we generally see when library’s weed their collections) digital media is anything but permanent, and we have to reconcile this fact with our user expectations.

I want to be clear that it is not my intention to pile on to Kanopy, because I truly believe that Kanopy provides a great service for spreading art and indie film to the widest audience. Rather I want us to think about how we are building collections and gathering materials in this new digital age of instant gratification and expectations and how we tell that story to our users. Our users will start to feel the loss of licenses when materials start to leave our collections, just as they are starting to see their own digital materials lost in their personal collections. On the same day that Kanopy and NYPL parted ways it was reported that ebooks purchased through the Microsoft Store would be deleted this month from those who had purchased them. https://gizmodo.com/ebooks-purchased-from-microsoft-will-be-deleted-this-mo-1836005672

Digital items with DRM (digital rights management) are never fully owned, instead they are licensed. You can read more about DRM from the grassroots anti-DRM movement Defective By Design. They even wrote an open letter to libraries https://www.defectivebydesign.org/LetterToLibraries. These objects can be locked to prevent sharing of the material to other users and they can be taken away, like the ebooks or like my precious Violent Femmes album. My institution is well off enough to encourage our subject liaisons to purchase ebooks without DRM (which increases the costs substantially), but many public libraries or smaller academic libraries cannot afford to pay an extra $150 to make sure digital items are the community’s to keep. But the larger expectation for our library within the community is that we are permanent repositories for information (see the issues we generally see when library’s weed their collections) digital media is anything but permanent, and we have to reconcile this fact with our user expectations.

In my own life I have begun collecting materials for myself in non-digital form. This means that I have spent money buying twenty-year-old video games, hard to find DVDs, and vinyl because I am aware of the tenuous grip that we have on our digital files and media. It is essential that libraries work to make our communities aware of the restrictions and the fugitive nature of digital licensed materials and platforms and work with our users to ensure their needs are met in this changing time. NYPL for their part explained their decision to move away from Kanopy stating that “The Library made this decision after a careful and thorough examination of its streaming offerings and priorities. We believe the cost of Kanopy makes it unsustainable for the Library, and that our resources are better utilized purchasing more in-demand collections such as books and e-books (https://www.nypl.org/press/press-release/june-24-2019/statement-about-kanopy

For a city of 8 million people, Kanopy was perhaps unsustainable, but NYPL is also making a point about how they see their collections growing and that is in books and ebooks. For libraries providing for the public good means making these kinds of decisions, and we need helpful partnerships with our vendors to provide this access. While I do not know what was going on in the minds of the directors of NYPL, it sure does not seem like the library system was wanting to wage this battle in the open prior to Kanopy’s patron email. Yet, this has become a moment where librarians can have conversations with patrons about the costs and limitations of streaming and digital materials. I, for one, have received several messages from my faculty colleagues about how the NYPL decision impacts us at the University of Washington, and I tell them that while it won’t change the way we interact with Kanopy (that decision was made long before I came here) but that this is an important teaching moment in our current climate. While the vendor spurred this conversation, I believe that libraries can have an important voice to share in this new media age.

Publishing Fat Cats, Collection Curation, and Serving Today’s Patron

ACRLog welcomes a guest post from Heidi Steiner, Distance Learning Librarian at Norwich University.

The greatest reflection I find myself having following this year’s LJ/SLJ Ebook Summit is only vaguely about ebooks. Instead my mind is circling around balance. I tuned in to the “Marketing Ebooks to Students” panel ready for ideas about how I can get the online students I work with even more sold on ebooks to fill their immediate needs. I greatly enjoy Library Babel Fish and was excited to hear Barbara Fister’s perspective, which turned out to be: “I’m not quite ready to market ebooks to my students yet.” Barbara raised many questions we should all be thinking about. Her probing questions touched on patron privacy, censorship, preservation, sharing, putting money into yet more temporary licensed bundles, the long-term ramifications of providing patron driven acquisitions for last-minute needs, curating collections for the future, and talking to our patrons, both students and faculty, about what they really want. As a result, my brain is now in a seemingly inescapable conundrum.

While Barbara was speaking, I found myself focusing on her mentions of patron driven acquisitions (PDA) and trying to rectify her well-argued thoughts with my personal mental framework around PDA. Most people probably think of patron driven acquisitions in the most traditional sense: patrons initiating purchases of books for the physical collection. This may be in place via request buttons in the library catalog or some other mechanism. With ebooks in the fold, there are also plenty of libraries experimenting with patron driven ebook acquisitions. In my mind, I go directly to the model of PDA we use at my library, which is built around on-demand ebook rentals. Herein lies where my internal struggle begins. How do we balance standing up to the man, curating collections for the future, and serving the patrons we have now?

At Norwich University we serve an array of unique populations, including corps of cadets and civilian on-campus undergraduates and entirely online students in the School of Graduate and Continuing Studies. Our online students are on a tight course schedule with most in 6-credit hour, 11-week graduate courses, many with steady research requirements. At the library, we are constantly looking for ways to make necessary resources available quickly and seamlessly for all our patrons, but the online students pose the greatest challenge. This is notably important considering the impossibilities of physical interlibrary loan for books when students are around the globe. Collection and content curation can only take a small library so far, especially in serving such a diverse group of patrons. For us, patron driven acquisitions, specifically ebook rentals facilitated with Ebook Library (EBL), are a stop gap in the hole of needs and expectations. We choose what of the EBL catalog to make visible in our collection, patrons can see five minute previews of any given ebook and then request a loan. Ebook rentals default to a week and we pay a percentage of the ebook’s retail price with each rental instance. A purchase trigger goes off after the third rental to stay cost-effective. In my mind, our model of PDA at Norwich is more easily equated with interlibrary loan than collection development.

I often cannot help but ask myself why we are throwing money at publishers to buy books with roughly a 30-40% chance of circulating, when we can provide students with on-demand rentals thus guaranteeing use. What are we giving up by feeding the fat cat publishers and using collection development policies to make a best guess at what might get used one day? It’s a double-edged sword. We are feeding an industry that restricts knowledge to only those with access, while still curating a collection for the future, but may not be providing the resources our patrons need now; it is impossible to predict each possible need. On the flipside, what are we giving up with PDA in any of its possible incarnations? Depending on the scenario, it could be a lot or a little. PDA could mean sacrificing the integrity of our future collection, but it can also mean a satisfy patron today and knowing money spent was actually used for something. Fister’s short yet very powerful talk definitely provides some further clues to both answers, but it seems to me that nothing is that cut and dry.

We are maintaining balance through a combination of traditional, liaison program based collection development and patron driven ebook rentals at Norwich, but I cannot honestly say we are doing much to fight the fat cats…yet. In her talk, Fister argued we should be reinventing the academic monograph, as we are already spending money on books and just might posses the expertise to make it happen. This is an awesome thought and worthy quest, but where do small libraries fall in scholarly content creation? Certainly we can load open access ebook records into our catalogs, as Fister suggests. We can also work towards open access awareness, encourage and push publication in open access journals with our faculty and practice it ourselves, but what role can small college and university and libraries legitimately play in production?

I want to cultivate services that are right for our patrons now, but also desire building a library that is sustainable into the future. How are your libraries reacting as publishers keep an iron fist and ebooks proliferate, all while patron driven acquisitions meet immediate needs? Where do you find balance?

Building Smart Collections for Today’s Users

This month’s post in our series of guest academic librarian bloggers is from Anna Creech, Electronic Resources Librarian at the University of Richmond, Virginia. She also blogs at Eclectic Librarian.

Some days I look at my projects list and tasks and wonder how in the world I ended up here. They often appear to be more like what one might expect to be doing in an office of institutional research rather than in a library.

I am an electronic resources librarian, which I have found to be a title used for everything from online reference instruction to cataloging to acquisitions. In my case, I do little instruction or cataloging, and spend most of my time analyzing the digital resources we have acquired.

Increasingly, as libraries are forced to cut their resources even more severely, and in some cases, justify their existence, we have had to use more metrics to determine the value of our resources, whether they are personnel or materials. While this has been a tradition in libraries for as long as I’ve known them, it’s not what most of us thought we would be doing when we entered the profession. But, we can’t keep our heads in the sand any longer.

Just as we have many people who are passionate about the preservation of materials, we need to have as many if not more people in libraries who are passionate about the stewardship of the resources we purchase. We can no longer afford to purchase material that sits on a shelf and may never be touched. We need to be smarter about the things we acquire and a big part of that is looking at trends in the past to predict the future.

When I analyze usage data, I am looking for the anomalies that indicate a problem with a resource, such as sudden drops in use, declining patterns, etc. I talk to the public service librarians about resources that seem to be declining in use to make sure they are still relevant to our programs and researchers. We consider accessibility issues and course offering patterns before ultimately deciding whether or not to renew the resource or continue to collect in that area.

I hope that someday, we will be able to shift the 80/20 rule towards 100% circulation so that more of the resources in undergraduate libraries are used and not just sitting on the shelf waiting for someday to arrive. Alternative purchasing models like patron-driven acquisitions and collaborative collection development agreements indicate a trend towards making more purchasing decisions based on what users want now, and less towards purchasing things they might want later.

I know that some librarians are concerned that just-in-time collections will have significant gaps that may not be filled later on, but I don’t think we can afford to continue to maintain large just-in-case collections of materials. Academic libraries need to transition from being warehouses of books to being collaborative and individual learning spaces where research and innovation happen, and in part that means using ILL, document delivery, and online content to supplement materials that are not on the shelf.

If a publication is significant enough to be of value to a researcher someday, then it’s likely that a library somewhere has purchased a copy. Besides, we live in the future now. There’s no reason why a book needs to be out of print when it could be sold or otherwise made available in electronic formats. The argument of “we must purchase everything now or it may not be available later” is becoming less and less relevant.

I also hope that someday, libraries will have business intelligence tools to help them assess the return on investment for their collections. We do the best we can with the tools we have, but I think we could better make use of staff time if we didn’t spend so much of it getting our mish-mash of systems to spit out comparable data. This is why I believe we should be actively supporting standards initiative like COUNTER (Counting Online Usage of Networked Electronic Resource), SUSHI (Standardized Usage Statistics Harvesting Initiative), and CORE (Cost of Resource Exchange). They’re just the tip of the iceberg, but it’s a start.

We librarians are an intelligent and resourceful bunch. With the right set of tools, I believe we could come close to creating “perfect” collections to meet the needs of our users. With the right set of tools, we can be better stewards of the financial resources provided by our institutions. It’s time to work smarter, not harder.