LibraryLaw Blog

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 LibraryLaw.com

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Kindle in libraries

A friend asked me what applications I see for Kindles in libraries.  Assuming the Kindle comes down in price (a lot), libraries could load them up with public domain classics and such, and lend them out. I'd probably recommend against purchases by libraries of DRM'd content.

12/1 - BTW, what are some libraries' experiences using ebook readers with the public? I know ebooks themselves haven't been great. I've tried "borrowing" ebooks from libraries with varying success, but don't know if libraries have been letting folks borrow ebook reading equipment loaded with content.  I've read of experiments with iPod shuffles and audio, but don't know how that's been going lately. Commenters?

Added 12/6 -  I'd think libraries would have a better shot using XO laptops with patrons. See Teleread that links to Brewster Kahle's YouTube video. It's more durable (virtually indestructible), can use a hand crank for power, and supports more formats. It doesn't have the EVDO, but does have built in wireless.  And for now through Dec 31, every library that buys one automatically sends one to a child in a developing nation. (I have that reversed, but that's the way I'm looking at it in this context.) Knowing library procurement red tape, may be best for nimble Friends groups to go out and buy a few for their libraries/children in developing nations for the holidays.

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Quick Kindle Review - a TEN STRIKE

I'm trying out an AMAZON KINDLE.  Love it. 

It's clearly designed by people who READ.  Delightful to read the newspaper, magazines, books, your own documents.  You can read for hours comfortably.  In fact, I believe that in many scenarios, I'd PREFER this, yes you read that right, I'd prefer the KINDLE to a real book or magazine.   That surprises me, even though I was looking for the convenience of an ebook reader (dozens or hundreds of titles), I always expected to say, "of course the paper book is a better reading experience."  That may be changing.  This not only rivals the paper experience, it surpasses it in many ways. It's EASIER to hold than a hardback, easier to turn pages with one hand than a paperback or newspaper, and that's all before the extra features.

Extra features that books don't have:  The New Oxford American Dictionary lookup is well integrated. One click gives you the line of text you're reading with all the key words neatly defined at once.  Seamless link to Amazon that allows you to download free samples of titles in the KINDLE STORE (90,000 including most best sellers - no Harry Potter unfortunately).  A few magazines and newspapers are available - all with two week free trial.  All delightfully easy on the eyes.  Then there's a rudimentary web browser so you can read free newspaper sites et al, but not designed for heavy web surfing. Or email. NOW I THINK THIS IS ACTUALLY A PLUS in a way - who needs all those distractions when you're lost in a book or lengthy article. 

Virtual reference - an experimental feature I like.  While reading Armageddon's Children, I wanted to know which was further south, Cleveland or Chicago. Within a few minutes I got the answer from NowNow. In fact, I got three replies, and all had the same final answer. Two cited wikipedia and one cited a better geographical source. I was delighted. I asked this late in the evening, mind you, and got the answer back right away - all without ever having to touch a computer.

I'm sure people who are gadget oriented will decry the obvious missing features - no touch screen, no backlight etc.  You know, if those are the tradeoffs to get that outstanding reading screen, it's worth it. It's a pleasure on the eyes. It doesn't get hot or need a recharge every couple of hours like a computer does.  It's just the right size, if you use the smallest font. It may be frustrating for folks who choose the largest font and need to turn the page every couple of paragraphs. Still, a nice feature to be able to make the font bigger if you need it.

Yes, I know about the DRM and privacy complaints, and I hear you. But you don't have to use Amazon as your source of content. I've emailed myself open documents that I want to read (10 cents a document). I've also gone to manybooks.net to get a bunch of mobipocket (or .txt) titles for free and transferred by cable - free. No tracking of my reading there. Couldn't get the SD card to work right yet, but that's supposed to work too.  I also tried to use the clunky Kindle web browser to download directly from manybooks.net - without success.

What I would like, though, is better picture quality. And more pictures/diagrams that somehow get lost on their way from print to KINDLE e.g. in the San Jose Mercury News. Color would be nice, if it had that same high quality resolution. I'd also like to be able to type a password before making purchases from the KINDLE store. Yes, there's no password needed right now. Anyone who gets their hands on someone else's KINDLE can wreak all kinds of havoc with the account. I requested a password option from customer service, and it's on their list of suggestions.

Bottom line: Very expensive, but a pleasure to read real books, magazines, documents on a portable device.

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Google Book Search - has our Library Law book

Cover_2 I just discovered that Google Book Search has the library law book I coauthored with Tomas Lipinski The Library's Legal Answer Book is on "limited preview" with permisison from the publisher, ALA Editions.   I like it - it give some free pages and shows people easily how they can buy it or find in a bricks and mortar library.

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Tags: google book search, library law

Hooray - I figured out how to use tags instead of categories in this blog

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...

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Tags: "tags v categories", tags, technorati

Call for authors on legal series for librarians

Call for Authors: a new legal series for librarians and other information professionals

Tomas A. Lipinski, J.D., LL.M., Ph.D., Co-Director and Associate Professor, Center for Information Policy Research, School of Information Studies, University of Wisconsin-Milwaukee, and Neal Schuman Publishers, Inc., proudly announce a new series addressing the legal issues faced by librarians, information professionals and educators-The Legal Advisor for Librarians, Educators, and Information Professionals.

Dr. Lipinski and Neal-Schuman Publishers invite quality proposals from prospective authors in the areas of First Amendment issues (access to facilities, displays, censorship, etc.), privacy and USA PATRIOT Act concerns, copyright issues, ADA compliance, donor relations, the legalities of digital libraries and archives, and any related topics of interest.

From Beyond the Job

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Copyright, Librarians, and the Grateful Dead

I had the good fortune to see a pre-release copy of The Complete Annotated Grateful Dead Lyrics (Free Press: forthcoming in October, 2005), shown to me by its editor and annotator, David Dodd. Dodd is also chair of the California Library Association’s Intellectual Freedom Committee, (see next blog post too) and director of the San Rafael Public Library.

Here follows a quick interview.

MM: How unusual to see a Deadhead who is a library director!

DD: Actually, there are a few of us around—there’s even a Deadhead Librarian listserv. I hear from people all the time!

MM (a little taken aback): Really. The Grateful Dead is well-known for allowing and even encouraging fans to make recordings of their live performances and even to distribute them to their friends. Did you have any problem getting permission to publish the lyrics in your book?

DD: I think that taper ethic goes a long way to differentiating the Dead from pretty much anything else in the business world. The marketing model of allowing free distribution of the music just flew in the face of all the common wisdom. In a way, the file-sharing programs that are the target of such vilification from the mainstream music business world today are the direct descendants of the Dead’s approach. That said, they have been (rightfully) quite cautious in allowing this project to go forward as a print-on-paper book. Over the years, I’ve had nothing but positive experiences with Ice Nine Publishing, who granted permission to me to use the full text of the lyrics on my Annotated Grateful Dead Lyrics website, but the permission to publish that site as a book came after a long period of having the project back-burnered. Problems, no; patience, yes.

MM: Do you think the Dead’s permissive stance on recording their music helped or hurt the band?

DD: Helped, certainly! It got the music out to huge numbers of people, and created a base of fans who were extremely knowledgeable about the music about the details of the music. From that came the whole statistics-obsessed interest in documenting every performance, and every song within every performance. The band never played the exact same concert twice, so the books that document the concerts, known as DeadBase, contain what might be thought of as fingerprints of each show. If you have a snippet of tape, and you don’t know what concert it’s from, you can probably figure it out using DeadBase. That, in turn, made for a sizeable, if not huge, market for the recordings that have steadily come forward - well-produced releases of live shows that sound much better than most concert tapes. And also, I think, it made the concert-going crowd bigger and bigger; arguably the cause of the band’s eventual downfall, but certainly a financial boost.

MM: I notice you have custom drawn illustrations. I recall you had some photos that you wanted to turn into drawings, but I don’t see them in the book. What happened?

DD: Simon and Schuster went over the book with a fine-tooth legal comb, and their conclusion about using drawings based upon photos was that they were derivative works, and that they would not be able to run unless I could locate the rights holders to the photos and gain permission. That proved to be pretty much an insurmountable permissions task—I had to clear about 100 other permissions for the book, and I just had to let go of those drawings. So - no picture of Bill “Bojangles” Robinson, Billie Holiday, Charlie Chan, or about 15 others. Also couldn’t use the drawing of the cartoon character Krazy Kat - still under copyright.

MM: What’s it like, really, to publish a book?

DD: I really think that the writing and publishing of books in the US today is a cottage industry. This is my third book, and each has carried with it a greater or lesser degree of do-it-yourselfness. The first book, an annotated bibliography about the Dead, published by Greenwood Press in 1997, was pretty much completely DIY: I delivered camera-ready copy, complete with index. The second book, The Grateful Dead Reader, published by Oxford Univ. Press in 2000, was laid out by Oxford, but my wife Diana and I did all of the permissions work on our own. We even held an Amish-style proofreading party, with a group of Deadhead writer friends spending the day going over the entire book! And this book has required that I do all the permissions work, hire a reference librarian to do fact-checking, coordinate the illustrations, and be very hands-on with the design of the book, and with the indexing. You don’t just sign a contract, turn over a manuscript, and sit back and wait for the book to appear.

MM: So, why do it?

DD: Each time, I’ve said “never again!” But I think it’s like going backpacking: you forget how painful it is, and you remember the good stuff. And if, like me, you love books, then there’s something extremely appealing about helping to make books happen. Fame and fortune are elusive, but at least I can walk into almost any public library in the country and find my books on their shelves. That’s very satisfying.

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Was the "hot" librarian in Primary Colors libelous?

No, according to a New York appellate court on April 21, 2005.  Daria Carter-Clark, an adult literacy librarian in Harlem, claimed that the librarian in Joe Klein's 1996 best-selling book Primary Colors was based on her and was libelous. On April 21st, a state appellate court upheld a ruling for Random House. It said that the description of the fictional character was not so closely akin to Carter-Clark that a reader of the book, knowing the real person, would have no difficulty linking the two.

According to American Libraries Online Oct 20, 2003,   Carter-Clark and the defendants had earlier agreed that she had never had intimate relations with the president, making  testimony from Clinton unnecessary.

Daria Carter-Clark, v. Random House, Inc., SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT 2005 N.Y. App. Div. LEXIS 4202 April 21, 2005, Entered

For the full opinion...

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Reference source review: Books and Periodicals Online - Law, Business and News

I have the good fortune of receiving a review copy of Books and Periodicals Online: Law Business & News 2005, edited by Nuchine Nobari.  It's apparently been around for more than a decade, but I didn't know about it, even though I've been looking for such a source.

This may not reflect well on my librarian friends, but I've been unsuccessfully asking for some time (including sending formal reference requests) for a source I could use to see where a particular journal is available online.  That is, say I know I want to read an article in a recent Library Technology Reports - how do I find it?  I've never gotten a good answer - could this source be the holy grail?

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Copyright in Cyberspace 2: Questions and Answers for Librarians

Brand new edition of Gretchen McCord Hoffmann's Copyright in Cyberspace 2 just came out.  It has a steep price, but it's very good!  Written by a librarian who is now a lawyer, and gives the most thorough treatment on writing a copyright policy I’ve ever seen.

p.s. I wrote the foreward - be sure to buy the book!

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GoogleLibrary - a really efficient index

Ernest Miller looks at the copyright problem inherent in the GoogleLibrary digitization project in a new way… the database could be seen as a really efficient index.  In response, Joe points to the Kelly v Arriba Soft case, in which a federal appellate court found an Internet index of images on the web to be FAIR USE.  Even though Arriba Soft crawled the web and made full-sized copies of the images it found (including copyright owner Kelly's photographs), it  only made low-resolution thumbnails available in its image index. The full-sized images were then deleted from the Arriba Soft server. The thumbnail images, according to the court, served a completely different purpose than the aesthetic purpose of the original photographs. A quick trip to Arriba's copyright page (now “ditto.com”)  finds this statement: “These thumbnails are not used by Ditto for any other purpose than to provide an effective visual search mechanism.”

Looking at  GoogleLibrary as an index displaying only snippets, I think a strong argument can be made for fair use. Like the thumbnail image index, the books are used in a transformative way, even though it must make copies (106(1)) to create the index.

Not only do you need the full text to create the cool index, you need it online. Deleting the full text would delete the index.

But what else happens to the full text copies? GoogleLibrary says the libraries get digital copies for their own use... Will the copies be kept in a virtual vault for safekeeping or will they be made available to students?

Aside: Arriba Soft's thumbnails linked back to the original source's site, but used Arriba's banner and ads.  This issue was remanded. When I clicked on a thumbnail at ditto.com today, I noticed that it brought me to the original source, without any Arriba/ditto banners or ads.

See also Aaron Hand's Arriba Soft analysis of Google News headline service.

Kelly v Arriba Soft, 336 F.3d 811 (9th Cir. 2003) (note: the 9th Circuit 2002 opinion was withdrawn). See excerpts below:

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