LibraryLaw Blog

Preservation versus Access: a very surprising analysis of library copyright law

I was quite surprised and enlightened when I read Peter Hirtle's latest article, just published at the Stanford Fair Use site: Digital Access to Archival Works: Could 108(b) Be the Solution?

Like many others, I had always viewed Section 108(b) as the "preservation" clause that allows libraries and archives to make copies for preservation of unpublished materials.  Hirtle takes a very close look at the legislative history, however, which shows that "Congress was primarily concerned with increasing scholarly access to unpublished materials."

How does that, how should that affect discussions today to revise the Section 108?  Congratulations to Peter for provoking us with a thoughtful, well-researched article.

How will California's new RFID law affect libraries?

California's new RFID law (if signed by Governor Schwarzennegger) would probably not affect many if any libraries in California. It affects libraries that use RFID chips in library cards. Are there any?  Moreoever, it grandfathers in systems that are already in place.

The Identity Information Protection Act of 2006 (SB 768-Simitian) would require government issued identification documents (with specified exceptions) that use radio waves to transmit data (or enable data to be read remotely, as in passive chips), to meet certain security requirements.  Essentially, you could be punished with fines and imprisonment up to a year if you knowingl disclose operational system keys that allow someone to remotely read a patron's identity document using radio waves without the patron's consent.

The bill grandfathers in systems that began implementation before January 1, 2007, or for which a state, county, or municipal government request for proposal has been publicly issued before September 30, 2006, or executed a contract before September 30, 2006.

For California library folks - free webcast update on internet policy issues in the post-CIPA environment.

Hope to see you there!

Internet, CIPA, and Sexual Harassment, an Infopeople webcast Thurs Sept. 7 at Noon

It's been three years since the Supreme Court upheld the Children's Internet Protection Act (CIPA), which requires libraries with certain federal aid to "protect against access" to visual depictions of child pornography, obscenity, and material "harmful to minors". Should the library block MySpace? This webcast will fill you in on important post-CIPA developments that may affect your library's Internet use policies - including what the courts have said about the clash between the public's rights of free speech and employee rights to be free from sexual harassment.