Government response to a consultation on the Public Lending Right Changes 2023
Updated 12 January 2024
1. Introduction and background
The Public Lending Right (PLR) is a right for authors and other rights holders to receive payments from a central fund in relation to public lending of their books in the UK. For the PLR Scheme year 2022/23 the PLR applied to the lending of books, audiobooks, e-books and e-audiobooks, as well as the remote lending of e-books and e-audiobooks from public library services.
The British Library Board makes an annual recommendation to the Secretary of State for a change to the rate per loan to be paid from the PLR fund to registered authors, illustrators and other contributors to compensate them for the loan of their books from public libraries. This is calculated by dividing the available funding by the estimated number of loans of PLR-registered books. The British Library reaches this estimated figure by collecting actual borrowing figures from a sample of library authorities and then grossing up using data collected by the Chartered Institute of Public Finance and Accountancy (CIPFA), together with requesting loans data directly from those library authorities not providing data to CIPFA.
The British Library recommendation for the rate per loan for the PLR Scheme year 2022/23 was determined in accordance with the PLR Scheme legislation. This meant the British Library calculated the total number of book loans qualifying for payment and then divided the available funding by the book loans figure to determine the rate per loan. The consequence of an increased number of qualifying loans in 2022/23 over the previous year 2021/22, is a reduction in the PLR rate per loan.
Following the recommendation this year from the British Library Board, DCMS undertook a public consultation to seek the views of key stakeholders and those in the sector with an interest.
2. The consultation
DCMS ran a four-week public consultation (23 October to 17 November 2023) on the British Library Board’s recommendation to set the rate per loan at 13.69 pence for the PLR Scheme year 2022/23 (a reduction from 30.53 pence per loan in the previous year). A consultation letter was sent directly to 14 organisations, including groups representing the interests of authors, public libraries and other stakeholders related to the public library sector in the UK, as well as the Devolved Administrations. A copy of the consultation letter was also made available on GOV.UK.
14 responses were received, and the vast majority (93%) of the respondents indicated they were supportive of the recommendation.
In addition, many of those who responded to the consultation took the opportunity to raise other more general points about PLR and public libraries. Although such matters fall outside the scope of this consultation, the government’s position in relation to each of these issues is as follows.
Issue - Protect and increase the PLR Central Fund including in line with inflation
2.1 Summary of responses
Ten responses asked for an increase in the central PLR fund, commenting that the size of the fund has not substantially increased in over a decade. Further related comments included suggestions that the fund could be increased in line with inflation; the Government should ‘ring-fence’ the PLR Fund; additional funds should be made available to reflect the inclusion in the Scheme of the lending of e-books and e-audiobooks; and that the level of remuneration provided to authors and other rights holders is not in line with the rest of the labour force.
2.2 Government response
The British Library administers the PLR Scheme on behalf of the Government. The central fund amount is part of the overall funding for the British Library, which is set for each Spending Review period. The Spending Review process setting budgets for 2022/23 to 2024/25 concluded in October 2021, and did not include an uplift to the PLR central fund. The central fund for the 2023/24 financial year (and so the 2022/23 PLR Scheme Year) is £6.92 million. The Government considers the size of the dedicated PLR central fund is appropriate for the purpose of the fund.
Issue - Extending the PLR Scheme beyond public libraries
2.3 Summary of responses
Four of the responses commented that book loans from other than public libraries (i.e.volunteer/community-run, school and other libraries), should be included in the PLR Scheme to better reflect more accurate book lending figures across the UK.
2.4 Government response
Under the Public Lending Right Act 1979 the PLR is applicable to loans made from public libraries falling under the statutory control of the relevant local authority. In the majority of cases, such libraries will be both controlled and managed by that authority. Where a library is managed by volunteers or community groups, the local authority may decide that the library remains within its statutory provision and ultimate control - and in such cases PLR would apply to loans from the library.
School libraries do not fall within the scope of public libraries. Library provision is not statutory in schools and it is up to schools to decide whether to provide and maintain a library service for their pupils.
The Government does not plan to extend the PLR Scheme beyond the loan of books from public libraries to include schools or other academic institutions.
Issue - PLR funding is below that of comparable EU countries
2.5 Summary of responses
Two of respondents commented that the PLR scheme does not compare favourably with schemes in other EU countries, such as France or Germany, which have larger budgets.
2.6 Government response
PLR Schemes vary greatly from one country to another - for example in France publishers and other suppliers make up a portion of the fund - and in some countries different materials are covered or funds form part of state support for culture. This means that the beneficiaries of the PLR fund in the UK and how it is distributed are not directly comparable, nor is the amount available.
Issue - The government has a duty to protect and maintain library services and ensure a “comprehensive and efficient” service.
2.7 Summary of responses
Four respondents noted that the Government should fulfil an obligation to provide a “comprehensive and efficient” library service; to protect and maintain the library services which are under serious threat; and to address the overall decline in book stock in libraries. Two respondents also urged DCMS to argue strongly for improvement to funding for public libraries.
2.8 Government response
Public libraries policy is a devolved matter in respect of Scotland, Wales and Northern Ireland. In England, under the Public Libraries and Museums Act 1964, library authorities are responsible for providing (and funding) “comprehensive and efficient” local public library services. They are expected to provide public library services (including by making decisions relating to provision of bookstock) while taking into account local needs and available resources.
DCMS is committed to supporting a sustainable long-term future for public libraries in England, and DCMS ministers take seriously the statutory duty to superintend and promote the improvement of library services in England and to ensure that library authorities in England meet their own statutory duty to provide a comprehensive and efficient library service.