The Library's Legal Answer BookEvery librarian who wants to make wise policy decisions and protect the organization from legal challenges can now consult the library legal team of Minow and Lipinskil Libraries are in the thick of legal issues as new technologies add layers of complexity to everyday work in the library. How do you know what's legal? What can you do to identify and address issues before they turn into bona fide legal matters? Where do you turn for help? In this comprehensive and authoritative, yet easy-to-understand Q & A customized for librarians, you'll find expert guidance on complex issues. With coverage of all the issues of the day - filters, fair use, copyright, Web publishing and Internet use, software sharing, ADA compliance, free speech, privacy, access, and employment and liability issues - you will have a librarian's J.D. in short order! This timely and practical desktop tool: Focuses on quick and reader-friendly answers to common legal questions; Provides examples of legal challenges faced in libraries; Includes precedents and case citations to conduct additional research; Supports libraries in their commitment to access without liability; With detailed and ready-to-apply answers to |
From inside the book
Results 1-5 of 54
Page 21
The status of the work would turn on whether it is considered to be a " work made for hire , " that is , a work prepared by the employee within the scope of his or her employment . 7 If the work was created outside of employment ...
The status of the work would turn on whether it is considered to be a " work made for hire , " that is , a work prepared by the employee within the scope of his or her employment . 7 If the work was created outside of employment ...
Page 24
23 However , recent case law suggests an expanding view of distribution . This would mean that a library can not add illegally made copies to its collection , as the items ' availability to patrons might be considered a distribution .
23 However , recent case law suggests an expanding view of distribution . This would mean that a library can not add illegally made copies to its collection , as the items ' availability to patrons might be considered a distribution .
Page 27
There are four fair use factors that need to be considered in any fair use assessment . These will be discussed in detail below . Q11 What are the four " fair use " factors ? By statute , the four factors are ( 1 ) the purpose and ...
There are four fair use factors that need to be considered in any fair use assessment . These will be discussed in detail below . Q11 What are the four " fair use " factors ? By statute , the four factors are ( 1 ) the purpose and ...
Page 32
This issue is the final fair use factor , and the effect on the potential market for the copyrighted work is generally considered the most important element of fair use , despite a Supreme Court decision to the contrary.55 The courts ...
This issue is the final fair use factor , and the effect on the potential market for the copyrighted work is generally considered the most important element of fair use , despite a Supreme Court decision to the contrary.55 The courts ...
Page 33
However , it is unclear whether the secondary market must be well established or at least developing or have only the potential to develop before it will be considered . The Supreme Court has stated : " A challenge to a noncommercial ...
However , it is unclear whether the secondary market must be well established or at least developing or have only the potential to develop before it will be considered . The Supreme Court has stated : " A challenge to a noncommercial ...
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Contents
| 13 | |
| 85 | |
FILTERS AND OTHER RESTRICTIONS ON INTERNET ACCESS | 124 |
DIGITAL LIBRARY RESOURCES AND PATRONS WITH DISABILITIES | 140 |
LIBRARY RECORDS AND PRIVACY | 163 |
MEETING ROOMS AND DISPLAYS The Public Soapbox inside the Library | 222 |
PROFESSIONAL LIABILITY Reference Collection Book Reviews Latchkey Children | 240 |
ISSUES IN LIBRARY EMPLOYMENT | 277 |
FRIENDS THE INTERNET AND LOBBYING | 321 |
Index | 339 |
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Common terms and phrases
action activities allow Amendment American apply child circulation claim CODE ANN collection concern considered Constitution contain copy court court order created determine direct disabilities discussed display distribution duty educational electronic employees employment example exception fact factors fair federal give harm identify immunity individual infringement Internet issue JOURNAL legislation liability librarian library's limited lobbying material matter means meeting Michigan nonprofit Note notice Office operation organization parent party patron performance person political practice prohibit protected public library published question reading reasonable records reference release request responsible restrictions REVIEW rules specific speech staff standards STAT statute substantial Supp tion Title TORTS trademark types visited written
Popular passages
Page 126 - The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Page 326 - ... organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or...
Page 27 - ... (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
Page 231 - It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
Page 40 - January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright...
Page 133 - In determining what is obscene material, the basic guidelines for the trier of fact must be: (a) whether the "average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work as a whole, lacks serious literary, artistic, political, or scientific value.
Page 98 - ... (4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the party's individual name in his own business, or of the individual name of anyone in privity with such party, or of a term or device which is descriptive of and used fairly and in good faith only to describe to users the goods or services of such party...
Page 231 - against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
Bibliographic information
| Title | The Library's Legal Answer Book |
| Authors | Mary Minow, Tomas A. Lipinski |
| Contributors | American Library Association, ProQuest (Firm) |
| Publisher | American Library Association, 2003 |
| ISBN | 0838908284, 9780838908280 |
| Length | 361 pages |
| Export Citation | BiBTeX EndNote RefMan |