July 27th, 2010 Brian Herzog
One problem with busy days like yesterday is that I am focused just on what's in front of me, and miss out on what's happening elsewhere. After work yesterday I was catching up on news and blogs, and found a few stories I thought were significant and wanted to share (you know, besides that whole leak thing):
An odd conflux of issues yesterday.
June 17th, 2010 Brian Herzog
We had sort of an odd situation in my library a little while ago - the story is a bit long, so please bear with me:
As circ staff were checking returned items back in, they found a DVD case with no disc in it (not unusual). They called and left a message for the patron to check their DVD player and please return the missing disc.
The patron called back after we were closed, left a message that she returned the wrong case, and asked we call her at work the next day.
What? Wrong case?
When our Head of Circulation called her the next day, the work number the patron gave was for a video reproduction company(!). When she finally spoke with the patron, the patron told her that she had the disc and the library's case, and the one she returned (accidentally) was a color photocopy she'd made of the DVD jacket (which it was, and confirmed in that the barcode and other stickers were no longer stickers).
This set off debate amongst the department heads in my library. It seems, clearly, that this patron worked at a video reproduction company that was checking out DVDs from the library and not just ripping the DVDs, but creating reproductions of the cases too - to who knows what end. Even if they're not mass reproducing them for sale, this activity is still illegal.
But, we have no actual proof of DVD copying, just speculation (maybe she just liked the DVD jacket?), and it'd be a major step to accuse a patron of this or to notify the police (or FBI?). So after some debate, we decided the library's role is to:
- make information and materials available to the public, and
- make the public aware of the copyright limitations of library materials
Our logic is that we can't police patrons and force them to follow intellectual property laws, but it is our responsibility to make sure they are informed of those laws.
To do that, we wanted to make a small handout or bookmark that informed patrons of copyright restrictions, but I wasn't sure exactly where to begin. I had bookmarked a Columbus Dispatch article entitled "Copying library CD? You just broke the law" awhile ago because of something I'd heard of going on at another library* and that article mentioned Carrie Russell, a copyright specialist for the American Library Association.
I found her ALA contact information, sent her an email explaining our situation and asking if she had concise wording we could use for a short copyright handout. Her response was hands-down the quickest (next day!) and most helpful reply I've ever gotten from someone at the ALA:
I usually suggest that the library suspend the patron's borrowing privileges when it is clear they are infringing.
You can use language from the CFR to craft a letter. This is the language that libraries should use when lending software, but you can use it for this situation too.
Notice: Warning of Copyright Restrictions The copyright law of the United States (title 17, United States Code) governs the reproduction, distribution, adaptation, public performance, and public display of copyrighted material. Under certain conditions specified in law, nonprofit libraries are authorized to lend, lease, or rent copies of computer programs to patrons on a nonprofit basis and for nonprofit purposes. Any person who makes an unauthorized copy or adaptation of the computer program, or redistributes the loan copy, or publicly performs or displays the computer program, except as permitted by title 17 of the United States Code, may be liable for copyright infringement. This institution reserves the right to refuse to fulfill a loan request if, in its judgment, fulfillment of the request would lead to violation of the copyright law. (37 C.F.R. 201.24)
Hope this helps.
Some of us liked the idea of suspending the patron's borrowing privileges (at least temporarily), but we decided against that as a first step. From the wording Carrie sent, I created the following copyright notice brochure (changing references to "computer programs" to be inclusive of all library material). These bookmarks are kept at the Circ Desk and given to those patrons we suspect need the information most.
Feel free to edit and use this for your own library, and let me know if you can recommend any improvements. I was going for "fewer words = more likely to be read" but didn't quite get there.
*Another long story, for another time. In the meantime, here's a Video Pirates clip
that's worth watching.
Tags: burn, burnning, cd, cds, copy, copying, copyright, dvd, dvds, intellectual freedom, intellectual property, law, legal, libraries, Library, notice, public, rip, ripping, scan, scanning, warning
February 23rd, 2010 Brian Herzog
I like to think I'm the kind of person open to the opinions of others, and I certainly don't expect myself to be right all the time. However, it's still rare for me to advertise when I think I am wrong, yet today is one of those days.
Last week my director received the following email from a patron and forwarded it to all the department heads to see what we thought about it:
I just heard about Red Box doing a trial with Libraries across the country. This is a fantastic idea, there currently is no Red Box in Chelmsford Center. Attached is a link for you to look at.
In case you've never heard of Red Box, they are dvd vending machines which rent new movies at $1 per night. The machines are located outdoors and are available to the consumer 24/7. Red Box pays the library and also allows the library to free up cash from having to purchase current films.
It would be great if Chelmsford could get in on this trial!!
I had heard of libraries using both Redbox and Netflix, but never really gave it too much though. So I was kind of surprised at my response to my director:
Maybe this is just a reaction based on the kind of day this has been, but I have mostly negative feelings about this. Based on http://tametheweb.com/2009/07/01/red-box-rentals-at-princeton-public-library/ is seems any money we get is minimal, and I'm always reluctant to give
businesses a green light to target library patrons.
If we did put one of these in, I sincerely hope it wouldn't mean we'd be buying fewer DVDs and rely on this as a crutch, because just like Rosetta Stone, they can pull out at any time and we'd be left
scrambling to fill the holes in our collection.
Its biggest benefit would be providing patrons access to DVDs 24 hours a day, but it also means patrons have a reason to be at the front door 24 hours a day, doing who knows what - the police department might not like that idea. Then there's also the patrons who return the RedBox
DVDs in our dropbox, those who put ours into the RedBox, patrons demanding refunds and tech support from the circ desk, blah blah blah.
More reading on this:
I know Conway makes money off our printers and the FaxVend people do too, but RedBox feels way more commercial - like letting a dealership put used cars in our parking lot to make it easier for patrons to shop for cars. Or letting a bookstore set up a table of bestsellers in the lobby and sell books so patrons don't have to wait on a long reserve list.
I don't know exactly why I don't like it, but right now I'm leaning against it - but again, it might just my mood. Blah.
So my question is this: why I am wrong?
I don't feel like I'm right, because I can see positive aspects to a Redbox being in front of the library (especially for libraries that already charge $1/DVD), and it's unusual for me to be this negative. I don't think that every new idea or technology has a place in every library, but still, my answer on this surprised me.
So I thought I'd ask the wider library world for your opinions on Redboxes and libraries. Lots of good comments were posted on Tame the Web when Michael talked about this last year, but I'm still not entirely convinced. What do you think?
Tags: business, commercial, dvd, dvds, libraries, Library, machine, public, redbox, rental, Service, vending
July 16th, 2008 Brian Herzog
One of the local television stations in Boston, WHDH 7, just aired an investigative story into libraries:
Theaters and video stores usually require an age of 17 or older to see or rent an R-Rated release, unless there is parental permission. But something altogether different is going on in some local libraries. 7News' Jonathan Hall investigates.
Read the transcript, or watch the video.
This is similar to the situation we had here a little while ago (except without the undercover investigators), which prompted us to put label ratings on VHS and DVDs when possible. And it looks like the Boston Public Library, "in line with American Library Association guidelines," is on the same page as us.
Libraries do not raise children, we provide access to information. Parents raise children, and we do what we can to support that need - while at the same time supporting the informational and educational needs of everyone else in the community.
I found this news report interesting, but a bit sensationalized. I'm sure as long as there are parents and children (and news outlets in need of ratings), issues like this will never die.
Tags: children, dvd, dvds, libraries, Library, movies, mpaa, parents, public, rating, ratings, television, vhs, video, videos, whdh
December 4th, 2007 Brian Herzog
In each of the DVD copies of "Live Free or Die Harder" purchased by my library, we found the little insert shown here.
I'd never seen this before, but it is instructions on how to download a digital copy of the movie, from the DVD itself, to your computer (or portable device through your computer).
That's novel. It looks like a one-shot deal, as in, you can download it once (using the code on the card, which is internet-verified), and that's it. No downloading to your computer then sync'ing to a device later, or to multiple devices. But still, for those people who purchase the DVD, it's a nice thing to offer an easily-accessible digital format.
But bad that it can only be transferred once.
And bad that it requires an internet-verified code.
And bad that it doesn't work on iPods, PSPs, or Zunes.
And bad that it's yet another failed attempt at trying to control how people use the products they purchase.
digital rights, digital wrongs, drm, dvd, dvds, libraries, library, live free or die harder, public libraries, public library