The Library's Legal Answer BookAmerican Library Association, 2003 M01 23 - 361 pages Every 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 6-10 of 65
Page 26
Mary Minow, Tomas A. Lipinski. If a library allows patrons to view videos on its premises , it would trigger the location clause but not the action clause.28 However , if the library placed an elevated monitor in each corner of the main ...
Mary Minow, Tomas A. Lipinski. If a library allows patrons to view videos on its premises , it would trigger the location clause but not the action clause.28 However , if the library placed an elevated monitor in each corner of the main ...
Page 34
... allowed a library to make a single copy of any printed material , even a complete copy of a book , if the purpose was for research and the copy was delivered to the scholar without any profit to the library . This may have given ...
... allowed a library to make a single copy of any printed material , even a complete copy of a book , if the purpose was for research and the copy was delivered to the scholar without any profit to the library . This may have given ...
Page 38
... allows libraries to copy articles for patrons , even if fair use analysis fails . Purpose : If the reason for the copy is personal or educational , this will help fair use . If it is commercial , this will hurt fair use . Nature of work ...
... allows libraries to copy articles for patrons , even if fair use analysis fails . Purpose : If the reason for the copy is personal or educational , this will help fair use . If it is commercial , this will hurt fair use . Nature of work ...
Page 41
... allows parents to access the collection would be " open to the public . " A corporate library that allows outside researchers some access may also qualify . Specifically , the law states that a library may enjoy section 108 pro ...
... allows parents to access the collection would be " open to the public . " A corporate library that allows outside researchers some access may also qualify . Specifically , the law states that a library may enjoy section 108 pro ...
Page 42
... allow library staff to make personal copies ? No. Section 108 liability limitation is for libraries and their employees only when performing actions within the scope of their employment . Personal copying is not covered by section 108 ...
... allow library staff to make personal copies ? No. Section 108 liability limitation is for libraries and their employees only when performing actions within the scope of their employment . Personal copying is not covered by section 108 ...
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
A&M Records activities Amendment America Online American Library Association apply child pornography circulation records claim CODE ANN commercial copy copyright infringement copyright law copyright owner court order DeCSS deep-linking defamation defamatory disabilities display DMCA duty eBay educational electronic example expenditures factors fair federal guidelines harassment identify immunity Internet issue LAW JOURNAL LAW REVIEW legislation liability librarian library computers library materials library or archives library patron library records library's license lobbying Loudoun County meeting room Napster nonprofit obscenity Office Romance organization parent person political prohibit protected public employees public forum public library published purpose Quad/Graphics reference registration reproduction request restrictions sale doctrine section 108 sexual sexual harassment speech standards STAT statute strict scrutiny subpoena Supp Supreme Court Ticketmaster tion TORTS trademark visited July
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.