Can the library protect itself from copyright suits?

Our online column Letters of the Law explores a wide range of legal issues that arise in libraries. In this edition, librarian-turned-lawyer Mary Minow explores the process through which libraries can immunize themselves from copyright lawsuits based on user postings.

American Libraries column, Aug. 18

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Chris Lewis writes: “For my generation and generations before us, the public library was an equalizing force in every town, helping anyone move toward the American dream. A ruling in Hachette v. Internet Archive has just thrown that promise of equality into doubt by limiting libraries’ access to controlled digital lending (CDL). On September 4, the Second Circuit Court of Appeals [affirmed a lower court’s decision that CDL through the National Emergency Library was not fair use.] If the courts won’t recognize CDL-based library lending as fair use, then the next step falls to Congress.”

MIT Technology Review, Sept. 11
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“Hispanic Heritage Month honors the contributions and influence of Hispanic and Latine Americans to the history, culture, and achievements of the United States, and is celebrated from September 15 to October 15 annually. Check out these recent releases from authors of Hispanic or Latine background!”

Seattle Public Library, September
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Cara S. Bertram writes: “The year 2023 was another record-breaker for book bans. ALA’s Office for Intellectual Freedom (OIF) documented 1,247 attempts to censor library books and other materials—most of which were works by or about people of color, members of the LGBTQ community, or both. But attempts to limit access to literature in the US are as old as our nation itself. American Libraries travels through time to outline our country’s history of censorship—and the library workers, authors, and advocates who have defended the right to read.”

American Libraries feature, Sept./Oct.
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The Library of Congress’s 2024 Literacy Awards recognized four top honorees on September 8, International Literacy Day: The LaundryCares Foundation, an Illinois-based nonprofit that installs learning spaces in laundromats across the country; New Zealand’s Te Rūnanga Nui o Ngā Kura Kaupapa Māori Inc., a network of schools working to preserve and promote the Māori language; We Need Diverse Books of Bethesda, Maryland, which helps authors and illustrators with diverse backgrounds get their books published; and the Alsama Project in Beirut, Lebanon, which educates Syrian refugee youth frequently left out of Lebanese schools.

Library of Congress Timeless, Sept. 9
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Michael Rodriguez writes: “In the first half of 2024, institutions of higher education in the United States closed permanently at the rate of one per week, according to one estimate, with little sign of slowing down. Where the author lives in Pennsylvania, eight colleges have closed, consolidated, or announced plans to do so since January 2024 alone. These closures directly impact small private colleges and the communities built around them, but closures also ripple throughout the academy, disbanding libraries and archives and endangering access to and preservation of the scholarly record.”

The Scholarly Kitchen, Sept. 5
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Daniel M. Rothschild writes: “Discussions of reading habits typically break down, at least in the first instance, along the binary of fiction and nonfiction. If you ask most people what they read, they’ll give you some version of ‘mostly fiction’ or ‘mostly nonfiction.’ I write today in praise of a third genre that few self-respecting intellectuals admit to reading regularly, though many do: the reference book. Real reference books are unpretentious, which is part of their charm. You as the reader can make them comply with the demands of your knowledge, intellect, and time constraints, not vice versa.”

Discourse, Aug. 30
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Kurt Schlosser writes: “All tech-enabled systems and services are back up and running at Seattle Public Library this week, roughly three months after a ransomware attack impaired services at the institution and its 27 branches across the city. Cybersecurity experts are praising some of the steps taken to protect against future attacks. The breach over Memorial Day weekend affected access to staff and public computers, online catalog and loaning systems, ebooks and e-audiobooks, in-building WiFi, the library website, and more.” The library said it will issue a public report later this year but it has revealed some steps taken to prevent future attacks.

GeekWire, Sept. 5; Seattle Public Library, Sept. 3

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