Issues concerning libraries and the law - with latitude to discuss any other interesting issues Note: Not legal advice - just a dangerous mix of thoughts and information. Brought to you by Mary Minow, J.D., A.M.L.S. [California, U.S.] and Peter Hirtle, M.A., M.L.S. Follow us on twitter @librarylaw
As I suspected, it's much easier and more flexible. So if any of you are looking for new posts based on categories, you may not find them. Use the technorati tags at the bottom of a post instead. If it works like I think it will, I'll probably stop using categories altogether.
Update: It looks as if users who click on a technorati tag below will get everyone in the world's posts with those tags. That's useful, but it would be nice to have an option to limit it to this blog, the way flickr does. Well, there's always the search button in the blog...
The Handbook on Copyright and Related Issues for Libraries (new - international perspective) is now available for download under a Creative Commons Attribution-NonCommercial-ShareAlike 2.0 License. It's written by Electronic Information For Libraries (eIFL.net), an independent foundation that focuses on libraries and electronic resources in developing countries. eIFL is an initiative of the Open Society Institute, part of the Soros Foundation network. The handbook is sponsored by the UNESCO Information for All Programme.
Minow take: The absolute best sections of the handbook, in my opinion, are the last three: trade agreements, international policymaking, and national policymaking. All focus directly on library impact. I always watch my students go weak in the knees when I discuss copyright and international trade agreements. This source hits the mark. It cuts right through to why and how these treaties work, and how they impact libraries and library users. It features international library statements and links to the most relevant source documents (without being overwhelming).
From the handbook: "We hope that you find the Handbook useful. If you do, please share, distribute, translate and build upon it! Teresa Hackett December 2006"
It's such a good start, someone should turn it into a wiki. That way library folks around the world can build on it (while keeping the frozen version intact, of course).
Hat tip to Jill Hurst-Wahl's Digitization 101 blog, and her student D. Harrison.
The table of contents also includes:
The Relationship between Copyright and Contract Law: Electronic Resources and Library Consortia Technological Protection Measures - the "triple lock" Copyright, the Duration of Protection and the Public Domain Orphaned works Collective Rights Management Public lending right The Database Right - Europe's Experiment Creative Commons: an "open content" licence Open Access to Scholarly Communications
Received by email. Permission to reprint from Prof. Dr. Herbert Burkert:
I would be very happy if you could give me some information (or point me to a source) where I might find more information about the following issue:
Switzerland's (federal) Freedom of Information Act will come into force on July 1st this year. I am in the process of writing something about the act and its possible relevance to the library community in Switzerland (beyond that - under some conditions - they might become the object of an information request themselves).
Since my earliest visits to the United States (and to Canada) in the late 1970s I have been impressed by the quality and standing of public libraries in the US as a resource point for local communities. I vaguely remember that in these pre-Internet days libraries also provided information on how to use the (federal) Freedom of Information Act (and similar regulations on the local and state level)and even kept selected records from various agencies at display. This was all in the pre-Internet years.
Are you aware of any explicit policies in place in the US today (no matter on which level) which make ("ordinary") public libraries (not the depository libraries) "entry points" for freedom of information requests (including help for browsing on government websites for information)?
Or all these observations but memories tinted by social romanticism?
Thank you very much for your kind help Herbert Burkert
Analysis of the proposed legislation on RFID in California says:
"A Barcelona nightclub allegedly uses them to admit customers to a V.I.P. room where drinks are automatically put on their bill."
I checked with a friend in Barcelona, and it goes even further than that. He tells me that an RFID tag is placed under your skin, the barman adds your drinks to your tab, and you pay automatically. To see pictures of a bar-goer getting implanted, go to the Baja Beach Club, click on VIP, then click on Verichip:Entrevista/Interview and scroll down.
German libraries can circumvent DRM The German library system has recieved a copyright exemption that allows it to crack the DRM on the media in its collection, "after it became obvious that copy protections would not only annoy teenage school boys, but also prohibit the library from fulling its legal mandate to collect, process and bibliographic index important German and German-language based works." This is fantastic news -- and it should be a lesson to libraries, schools, institutions that serve the disabled, archivists, and others that they needt o fight for their own exemptions. We need to riddle the ban on circumventing DRM with so many little holes that it simply deflates upon itself. Link
Update:Martin sez, "Unfortunately, this doesn't apply to the German libraries as a whole, but only to the Deutsche Bibliothek, the German analog to the US Library of Congress."
Timothy Padfield's 2004 edition of Copyright for Archivists and Users of Archives [in the UK] has a sample chapter online about copying in libraries and archives. The publisher, Facet Publishing, says that this second edition is fully revised and updated to include changes to the UK law as a result of recent EU legislation.
Padfield observes that the law encourages archivists and others to avoid finding out the purpose of users' research. Click below for more detail on unpublished works and libraries/archives excerpted from Padfield's book.
On July 19, 2004, the Commission of the European Communities released its Commission Staff Working Paper on copyright. Many provisions affect libraries - only those that specifically mention libraries are summarized here:
*The report recommends further consideration for library exceptions to the reproduction right under the copyright chapter of the Database Directive. [220.127.116.11.]
*In 2002, the Commission reported that Member States vary widely on the Public Lending Right. This report in 2004 says that infringement proceedings have been launched to remedy the most striking imbalances and the Commission will follow up to improve the level of harmonization. [18.104.22.168.] Note: Unlike U.S. law, European law provides royalty payments to authors when their books are borrowed from public libraries, called the Public Lending Right.
*The report observes that the role of libraries is undergoing profound changes due to technology. "Lending institutions should be continuously observed," but there is no need for immediate action. [22.214.171.124.]
Click below to read the actual text of these provisions.