or, The Hitchhiker’s Guide to Fear and Loathing at a Public Library Reference Desk


Copyright Warning Bookmark

   June 17th, 2010 Brian Herzog

Copying a DVDWe 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:

Brian:

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.
-Carrie

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.



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Reference Question of the Week – 3/23/08

   March 29th, 2008 Brian Herzog

Seal of the Commonwealth of MassachusettsWorking with the public has good and bad aspects. Some of the best times I've had with patrons is when they take time out of their information seeking to just be a normal person. This is one of those times.

An obviously distressed woman approaches me at the desk. She says her son is a special-needs student at a school in a nearby community (she didn't feel comfortable going to her hometown library with this), but she doesn't feel like he's getting the attention he requires. She has been going around and around with various school administrators, but they haven't been cooperating with her efforts to find out just what is being provided for her son on a daily basis.

Someone told her that Chapter 766 of the State Laws addressed the public school system paying to send a special-needs kid to a private school, and she wanted me to help her find the actual text of this law.

Alright, that's pretty straight-forward.

The General Laws of Massachusetts are online, so I went to this on the desk computer. We tried searching for "chapter 766," but nothing came up. Then we tried a keyword search for "special education," and that lead us to Chapter 71b - Children with Special Needs.

After a quick skim of the table of contents, the patron felt that what she needed must be here. She jotted down the URL and went to one of the public computers to continue her search for the chapter section that addresses private special education.

About a half an hour later, I stopped by her computer to see how she was doing. She was smiling as she read, but when I asked her if she was finding what she needed, she looked at me as if I had just caught her with her hand in the cookie jar.

Apparently, she sat down at the computer and typed in the address for the laws search, but instead of searching for "special education," started searching for other things - like "blasphemy," "exhibition" and others - just to see what funny laws Massachusetts had on the books.

And it has many. She and I clicked through and read quite a few, and a had a good time speculating what the origins of the laws were, the seemingly arbitrary penalties, and what kind of news it would make if they were enforced today. Our favorites were all under Chapter 272 - Crimes against Chastity, Morality, Decency and Good Order, and here are some highlights:

It was fun to just spontaneously enjoy something with a patron, rather than seeing her as someone to help and move on. And she seemed to really enjoy the diversion, too, as what she came in to research was fairly serious. So, yay for a good library experience.



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