Law Commons^™

Long Arm Of The Law - 2019: Same Old, Same Old, William M. Hannay Iii

Charleston Library Conference

A brief review of recent intellectual property cases of interest to librarians.

International Copyright In Historical Context: Who Are The Real Pirates?, Paul G. St-Pierre

Charleston Library Conference

Copyright is usually justified with arguments about defending the natural right of authors to control their creations, or claims that limited monopolies spur innovation for the greater good of society. I contrarily assert that the primary intent of copyright has generally been to protect powerful industries in advanced countries and ensure control over emerging markets that rely on the importation of intellectual property.

As global trade expanded in the 19th century, a patchwork quilt of domestic copyright laws and bilateral treaties failed to stem rampant infringement that hurt publishers’ export revenues. Re-printers and readers, however, benefited from lower prices. The …

Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), Patrick Roughen

Charleston Library Conference

This research examines a lawsuit filed by the Rosenbach Museum and Library of Philadelphia in 2016 against the Estate of Maurice Sendak (1928–2012) to determine the distribution of some of Sendak’s collection of rare books. In the lawsuit, the Rosenbach claimed the executors of the Sendak estate had withheld a portion of the rare books to which it was entitled under Sendak’s will. This paper suggests possible ways in which institutions such as libraries, archives, and museums might anticipate and address some of the ownership-related problems that arise during the acquisition and/or loss of collections of an artist or author …

Wrangling Services Contracts In Libraries, Michael Rodriguez

Charleston Library Conference

As more and more academic libraries outsource information technology services and enter into cooperative consortial schemes with other organizations, librarians push into a minefield of contractual negotiations, obligations, and liabilities more complicated and consequential than the typical e-resource licenses is. A poorly wordsmithed license may result in loss of access to journals, whereas becoming entangled in troubled consortia, watching an essential technology go offline during finals week, or getting audited by a vendor without contractual safeguards or recourse can produce much greater financial and administrative burdens. This concurrent session was a crash course in negotiating service contracts favorable to libraries, …

The Long Arm Of The Law, Bill Hannay

Charleston Library Conference

This presentation provides updates on three legal issues of pertinence to librarians: The “right to be forgotten,” the application of the Americans with Disabilities Act (ADA) to libraries and universities, and the application of copyright “fair use” doctrine to electronic reserves and electronic course packets.

Don’T Share This Item! Developing Digital Collections And Services In A Consumer‐Licensed World, William M. Cross, Darby Orcutt

Charleston Library Conference

Libraries have always faced unique challenges in providing non‐academic content for academic use, but the digital age has brought particular problems of “one size fits all” consumer purchase models and vexing methods of digital rights management (DRM), wrapped up with a large bow of legal uncertainty for many institutions. These proceedings describe some practices for sharing consumer‐licensed popular materials and confronting legal and technical barriers, as well as what some libraries are considering and encountering in applying the law, fair use, user expectations, and common sense in developing collections and services around digital content that is geared directly to end …

On The Premises And Beyond: Managing Copyright Policy Through Institutional And Technological Change, Brandy Karl

Charleston Library Conference

Copyright issues are important to every library, large and small. Libraries, librarians, and library staff are protected by a host of exceptions and copyright rules that are often not followed correctly or at all. This article discusses easy, simple compliance with the laws protecting libraries from infringements made on the traditional library premises.

Further, the library’s work is increasingly off‐site. From virtual consultations to delivering digitized materials off‐site, copyright law can affect the depth and breadth of online services that would otherwise be equivalent to in‐person patron services. The paper describes “virtual library premises” and discusses the legal ramifications of …

One Library’S Successful Venture In Providing Comprehensive Streaming Media Services, Allyson Mower, Mary Ann James, Catherine Soehner, Maria Hunt, Dave Heyborne, Joni Clayton

Charleston Library Conference

Thoroughly understanding what professors and instructors needed to accomplish their teaching goals with streaming video was the first step enabling one academic library to successfully manage a rapid increase in demand for streaming media. The second element was incorporating an expert understanding of copyright law and the nature of the video marketplace.

This paper will strive to educate librarians and other professional library staff on how they can best integrate media streaming into mainstream library services for their campus faculty, as well as how to provide a full range of streaming services. The paper also will address workflow, communication with …