LibraryLaw Blog

Open for public comment until Sept 7: Library of Congress proposes regulation to allow LC to record unpublished radio, Internet, cable, and satellite programs

The Aug 5 Federal Register published a Notice of Proposed Rulemaking on the Acquisition and Deposit of Unpublished Audio and Audiovisual Transmission Programs by the Copyright Office, Library of Congress. Comments are due Sept 7. The proposal sounds like a good idea to me.

The Library of Congress wants to expand 37 C.F.R. Section 202.22 (see also 17 USC 407(e)) that allows it to record unpublished television programs. It wants to add radio, Internet, cable, satellite and other audiovisual transmissions to the public.

This would allow the Library of Congress to collect and preserve broad-based contemporary cultural materials from all kinds of unpublished transmission programs that represent the nation's rich heritage.

Programs are considered "unpublished" if there is no offer of physical distribution of copies to the public by sale, rental, lease or lending, with the purpose of further distribution. A public performance of a work does not of itself constitute publication.

Let's support this one.

D.C. Circuit: Lawsuit against Libya for kidnap and murder of U.S. librarian goes forward

On July 30, 2004, the D.C. appellate court ruled that Blake Kilburn's lawsuit against Libya may proceed, despite complicated jurisdictional issues. Blake Kilburn is suing on behalf of his brother Peter Kilburn, who was kidnapped and murdered in Lebanon in 1986. Peter Kilburn was an instructor and librarian at the American University in Beirut.

For details from the court's opinion click below.

Kilburn v. Socialist People's Libyan Arab Jamahiriya, No. 03-7117 (D.C. Cir. July 30, 2004) 2004 U.S. App. LEXIS 15746

I know this is boring but it could save you a lawsuit

I just read that Harlan Ellison and AOL settled a copyright lawsuit in June ... that could be a lesson to libraries. An AOL user made illegal copies of Ellison's works, leaving AOL quite possibly on the hook unless it complied with Sect. 512 of the Copyright law. The Ninth Circuit court said it wasn't clear whether or not AOL had complied. AOL had to either go to trial or settle.

Sect. 512 shields online service providers including libraries from copyright contributory liability lawsuits, if you take certain steps. Okay, snooze away, but if library patrons use your equipment to make illegal copies, the library could be on the hook for contributory liability. Take a moment to read the DMCA requirements and make sure you have a designated agent to receive copyright complaints. Notify the Copyright Office.

If you have the sneaky suspicion that your library has not done so, take a look at the list of institutions that have (look up your parent institution too). Here's an example of a library that filed: Alabama Public Library Service

If you're not listed, read an article I wrote Library Copyright Liability and Pirating Patrons in California Libraries May 2001 or The Library's Legal Answer Book

Ellison v Robertson, 357 F.3d 1072; 2004 U.S. App. LEXIS 2074 (9th Cir. 2004).

DOJ rescinds order to libraries to destroy documents

As usual, Sabrina Pacifici's beSpacific (Aug. 3) gives a rich trove of links - this time on the Dept. of Justice rescinding its order to government document deposit libraries to destroy documents:

As a follow-up to my July 25 posting, Depository Libraries Directed to Destroy DOJ Pamphlets, from the American Library Association, Department of Justice Rescinds Order for Libraries to Destroy Documents and ALA welcomes Department of Justice decision to rescind destruction request.

For reference, here is a link to the GPO's initial directive: SuDocs Letter - Destroy DOJ Documents

Webcast: USA PATRIOT Act and Beyond: How Higher Education Institutions and Libraries Are Cooperating and Coping

USA PATRIOT Act and Beyond: How Higher Education Institutions and Libraries Are Cooperating and Coping August 3, 2004 1:00 p.m. EDT (12:00 p.m. CDT, 11:00 a.m. MDT, 10:00 a.m. PDT); runs one hour. FLASH! Registration to watch the live webcast is full. But, will be archived. Check out the already archived webcasts. Educause is using the same webcaster that Infopeople uses. Our archived webcasts are at infopeople.org/training/webcasts/archived.html.

from Carole Leita, Infojones

Information Commons Public Policy Report

The Information Commons: A Public Policy Report by Nancy Kranich is available online in html or pdf. Nancy is a past President of the American Library Association and currently is Senior Research Fellow at the Free Expression Policy Project.
Contents:

I. OPPORTUNITIES AND CHALLENGES OF THE INFORMATION AGE
Evolution of the Information Society
The Promise of the Internet and the Challenge of Information Access
II. THE EMERGING INFORMATION COMMONS
History and Theories of the Commons
Applying the Idea of the Commons to Information
Examples of Open Democratic Information Resources
Software Commons
Licensing Commons
Scholarly Communication - Open Access
Scholarly Communication - Digital Repositories
Institutional Commons
Subject Matter Information Commons
Principles and Characteristics of Information Commons
III. THE FUTURE OF THE INFORMATION COMMONS
Policy Recommendations and Strategies
APPENDIX: Policies and Principles Related to Information and Communications Technologies

RFIDs and libraries

There is an interesting article in the Chronicle of Higher Education on the privacy implications of the use of RFIDS in libraries. There are a couple of points made that are not immediately obvious. For example, the article notes that standardization of RFIDs may lead to a greater privacy threat (normally we think of standardization as being good). And librarians at the University of Conn. are quoted as noting that the use of RFIDs in self-service machines can actually lead to greater privacy because a staff member does not look at what you are reading.

This seems to be in the "free" portion of the Chronicle, so non-Chronicle subscribers may be able to access it.

Calif. Judge orders disabled patron to pay nearly $30,000 to city in library cat case

Judge orders man to cover city's legal fees in library cat case

Last modified Saturday, July 31, 2004 10:29 PM PDT By: BEN FRUMIN - Staff Writer, North County Times

ESCONDIDO ---- A disabled man has been ordered to pay nearly $30,000 in attorneys' fees incurred by the city of Escondido defending a lawsuit stemming from the attack nearly four years ago on his assistance dog by a cat living in the city library, officials said Saturday.

"The case was frustrating for our office from the beginning," Senior Deputy City Attorney Steve Nelson said Saturday. "We put a lot of time and energy into it."

Nelson said Superior Court Judge Yuri Hofmann on Friday ordered Richard Ramon "Rik" Espinosa to pay the city $29,362.50 ---- 25 percent less than the city's request for $225 per hour for 174 billable hours.