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).
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