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Tags: California Senate, identity, identity documents, legislation, library cards, radio frequency, rfid
Minow: The central question I’ve been asked to explore is whether museums, archives and libraries can charge for the use of scans they’ve made of items that are in the public domain.
Edwards: I believe that the answer is a qualified “Yes”. The qualification depends in part upon the financial situation of the institution. In our case it’s very important to us. It’s about 15% of our revenues. Our budget is only about $20,000 a year and we’re all volunteers. Also, I would suggest that there needs to be a service charge included to cover the institution’s cost to provide the copy. It’s also true that many institutions do not require additional funding enabling them to provide copies of photos at nominal prices. If the provided photos are to be used for a commercial endeavor, why shouldn’t the institution receive some additional benefit for its efforts. We price a personal use 8”x10” photo at $8 to members and as much as $50 for commercial use in a publication. Over the course of the lawsuits against us, we learned the importance of the “value added” to these photographs by the society. The collecting, researching, cataloguing, digitizing, protecting and preserving of the photographs makes it possible for people to use and enjoy them. And these benefits are not accomplished without costs. When providing these images, you need to have a contract signed by the user that specifies exactly what the authorized use will be, such as personal study, one-time use for publication, etc. Regarding the value added concept, we’ve had Archives Committee meetings during which we’ve reviewed photos and have found them useless. Without the context – who’s in the picture, who took it and when and where – historic photos can be of little value. When we find such pictures without any context, we often sell them for about 25 cents, because that’s all they’re worth.
Minow: Tell me about the lawsuit.
Edwards: Actually, there were two. In the first in 2004 a local author sued us in state court. The claims were 1) defamation of character, 2) interference with contract and 3) interference with business advantage. We attended a full day of mediation, with the mediator going back and forth between two private rooms stating positions and concessions. Then the attorney would explain the legal terms to me. I thought we had an agreement, but afterwards, our counsel gave us a 4 or 5 page letter that had us relinquishing much more than I had originally thought, so we rejected it. Plaintiff subsequently dismissed the suit. I believe that plaintiff and his counsel were aware that our insurance-funded counsel would defend us so long as the law suit was for damages. By suing us in federal court seeking declaratory relief and costs of the suit and counsel, plaintiff knew that BHS would be stranded without insurance-paid counsel.
Minow: What happened next?
Edwards: As expected, the author filed in federal court, making a copyright claim. Since the photos were in the public domain, he said that trumped our contract agreement [17 U.S.C. § 301 Preemption clause]. We received great pro bono attorney help from Howard Rice (Simon Frankel and Shannon Scott), but we (really me and the BHS) couldn’t afford the expense nor the time to litigate. We settled out of court.
Tags: berkeley, copyright, digitization, historical societies, lawsuits, museums, one-time-use, public domain
Linda Arret, mastermind of the ALA OITP's 2005 pre-conference on Digital Reference and Legal Issues, pointed me to all of the papers presented at the conference:
Michael McClennen, Ph.D.
Mary Minow and Paul Neuhaus
Kenneth D. Crews
Thanks, Linda!
Here's a link to a paper I wrote with Paul Neuhaus on privacy and virtual reference for the American Library Association. http://www.ala.org/ala/washoff/contactwo/oitp/MinowNeuhaus2005Sept15.pdf
Tags: ask-a-librarian, chat, privacy, transcript terror, virtual reference
Update: Be sure to check out Mary Beth Sancomb-Moran (Impromptu Librarian)'s take in No card for you... Mary Beth does a great read-between-the-lines (actually, just read the lines she selected from the library's Q & A, supplemented by her own reactions). (p.s. if you're reading this, hi Mary Beth!)
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Peter Hirtle sent me this AP story by David Eggert about a Michigan case that will be heard this week by the Michigan Supreme Court. Do Michiganders have a constitutional right, based on the Michigan constitution (see below), to get a library card in a neighboring community?
Facts: A contract agreement between the city and library expired. Nonresidents could no longer borrow library materials or have full access to online databases and other programs that were available to township residents.
Lower Courts: The trial court ruled that the state constitution and statutes did not require the library to allow nonresidents to get cards. The Appellate court agreed, saying that the constitution,when read with consideration of drafters' intent, did not mandate libraries to issue nonresident cards or offer all services to nonresidents.
Some more background here: Michigan Library Association
STATE CONSTITUTION
CONSTITUTION OF MICHIGAN OF 1963
Article VIII Education
§ 9 Public libraries, fines.
The legislature shall provide by law for the establishment and support of public libraries which shall be available to all residents of the state under regulations adopted by the governing bodies thereof. All fines assessed and collected in the several counties, townships and cities for any breach of the penal laws shall be exclusively applied to the support of such public libraries, and county law libraries as provided by law.
Tags: access, constitutional right to library access, library access, Michigan, nonresident cards, state law
For California Library folks:
Privacy Issues:
RFID, Patron Holds, RSS Feeds, Personalized Reading Lists, Etc. (Lori Bowen Ayre and me)
Personalized services and convenience are the gold coin of today. Can these
services be introduced without compromising user privacy? Are there legal
implications if patron preferences or personal information is not properly
safeguarded?
Tags: California libraries, libraries, patron holds, privacy, reading lists, rfid, rss, webcasts
By Raizel:
A recent editorial from Chip Ward, the former assistant director of the Salt Lake City Public Library, confronts the issue of homelessness in public libraries. He was also interviewed on Talk of the Nation.
This L.A. Times editorial confronts the multi-layered aspect of public libraries serving the homeless population -- library policies, equal access to information for all, substance abuse, lack of housing, mental illness, autonomy, and lack of appropriate social services.
If I was teaching a class on Libraries and the Law, Library Management, or Urban Librarianship, this editorial would definitely be on the syllabus!
Click below for Mary Minow's comment
Tags: access to information, homeless
At last! Stanford's database of 1923-1963 copyright renewals (books) is available. Test it out.
Hat tip to cjovalle at ALA's Copyright Advisory Network
Tags: copyright, copyright renewals, digitization projects, Stanford
Helen Adams, co-author of Privacy in the 21st Century: Issues for Public, School, and Academic Libraries, Libraries Unlimited and Privacy Matters columnist for School Library Media Activities Monthly and Peg Burington, assistant library director and teen coordinator in the Waupaca Area Public Library, Waupaca Wisconsin have some advice for librarians faced with this difficult situation.
Minow: Helen, what do you advise school librarians when they are faced with a student who they think is deeply troubled and who they notice checking out or downloading information on something like bomb-making or how to commit suicide?
Adams: While we know that school librarians should extend the maximum amount of privacy to students, there are times when one is concerned by a student’s demeanor, sudden change in personality, dramatic switch in friends, a move toward isolation, or a fixation with information on risky or criminal activity. When this occurs, my first act would be to talk to the student casually but confidentially. If, after a period of time, I was still concerned, I would advise seeking out the school’s guidance counselor. The guidance counselor is already bound by confidentiality, so it is not the same as revealing the information to a teacher or the principal. The counselor may already know the child, may have obtained from other sources similar reports, and has training and experience on how to proceed in such a situation. The principal, on the other hand, may feel compelled to call the parents right away, fearing liability for the school. That is, if it’s found that s/he knew about this and didn’t take action, someone might sue. In the case of rumors of possible violence toward teachers or other students, the principal may feel a call to the police is required to protect the safely of all students.
It’s unlikely a school library would have a book on bomb-making; however, substitute any topic for “bomb-making” [war, weaponry, homosexuality, abortion, etc.]. Minors have the right to receive ideas and information from their school’s library as part of their First Amendment rights, and they should not be subjected to undue scrutiny while using library resources. School librarians should be extending maximum privacy to patrons who are minors. Only parents have the right to limit or restrict their own children’s choice of reading – whether in a public or school library setting.
The Children’s Internet Protection Act (CIPA) requires that educators monitor students’ Internet use. Observing a student looking at a page on bomb-making or guns could elicit several possible reactions. One could consider that the student accidentally found that information, or it is research for a presentation for how easy it is to find weapons-type information on the Internet. One should not jump to the conclusion that a student is planning to use directions to actually build a bomb or use a weapon for criminal purposes. On the other hand, with the school shootings in this country in recent years, keeping one’s eyes open for information seeking and other “clues” is very important.
Minow: Let's take the hard situation. You feel in your gut that there are clues, and you decide to talk to the guidance counselor. Have you ever faced this situation? What might the guidance counselor do?
Adams: A guidance counselor may look at a student’s grades, record of absences, recent disciplinary actions involving the student, and casually talk to the teachers of the student to see if any changes have been noticed. At times, friends of the student who may be talking about suicide may confide in a teacher, and the information is reported to the counselor. With the collective background information, very importantly the counselor will likely create an opportunity to speak directly with the student.
As a former teacher and high school librarian, occasionally I would notice changes in behavior or personality of a student and just have a feeling that something is wrong. I would approach the student and begin a casual conversation to try to draw the student out a bit. If after a short time, I was still uneasy, I would call the guidance counselor for an appointment and lay out my concerns. Because of the degree of confidentiality involved in counseling, it was likely that I would never learn the reasons but always felt confident that someone with resources at hand was taking my concerns seriously.
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Peg Burington, assistant library director and teen coordinator in the Waupaca Area Public Library, Waupaca Wisconsin agreed to answer similar questions from the perspective of a public librarian. The library serves a population of 17,000 within the city of Waupaca and four rural townships set in the heart of the Chain of Lakes in central Wisconsin. The Waupaca Area Public Library has an active Student Library Advisory Group (SLAG). The library’s website has photos and information about SLAG at http://www.waupacalibrary.org/yaserv/slag.htm/. More detailed information about the library’s youth program can be found in an article written by Peg, “The New Improved Best Cellar,” Voice of Youth Advocates, v. 29, no. 4 (October 2006), p. 316-317.
Minow: What actions might a youth services librarian take in a public library if they felt a student patron was in trouble? How would they figure out what school to approach? Is there a risk?
Burington: The state privacy laws protect all library records, and legally I could not disclose what books a teen has checked out. However, if I felt that the student was in danger, I would talk to him or her; and if I was not satisfied that he or she was not at risk, I would start by asking friends if the teen was ok. If I were still unsatisfied, I would contact the school guidance counselor. Our library is located in a very small community, and I know almost all of the teens who come to the library on a regular basis. Also being from a small community where there is only one high school or middle school is an advantage, because I know who to contact at the schools.
One of our goals is to develop relationships with kids. We believe in addressing the 40 assets, and our responsibility goes beyond making library materials available. The 40 developmental assets were developed by the Search Institute. After extensive research they identified "40 building blocks of healthy development that help young people grow up healthy, caring, and responsible." (http://www.search-institute.org/assets/forty.html)
Libraries can help develop these assets by providing a nurturing environment with caring adults.
Minow: What if you feel that time is of the essence?
Burington: If I felt that the student was in immediate danger, I may try to detain the student from leaving the library. I believe that the safety of an individual would come before confidentiality. Depending on the situation, I would contact the student's parents or the authorities if I felt there was true risk.
Tags: "public libraries", "school libraries", dangerous information, dilemna, ethical, guidance counselors, librarians, libraries, privacy, schools, suicide
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...
Tags: "tags v categories", tags, technorati