Many libraries/archives hold unpublished materials whose creators are deceased, but are still protected by copyright since copyright lasts 70 years after death.
Many libraries do indeed have materials[1] that are unpublished, one-of-a kind, original works, such as photographs, letters, drawings, and recordings.
Some of these works may have significant financial value, while some may be more valuable in terms of local history and culture.
We have a large facility. Sometimes patrons have to walk far to get to various programs and spaces. We have had a few patrons in the recent couple of months ask if we have a wheelchair or walker they could use to help them get around. We consulted with our insurance provider about this and he basically said to ask a lawyer.
This is such a beautiful idea! In my experience, there are three things that often impede beautiful ideas:
This question shows how to protect an idea from these impediments:
[NOTE: This submission is based on real-life questions about the new requirement imposed by New York State Labor Law Section 590(2).]
Great questions!
Let's tackle[1] them:
Is this true?
Yes. If you would like to look up the text of the law, which went into effect on November 13th, 2023, you can find it here: https://www.nysenate.gov/legislation/laws/LAB/590.
Politics are impacting libraries more than ever, and our library organization is considering hiring a lobbyist to represent our interests in Albany. We know that as a non-profit we can't engage in "political activity", but can we hire a lobbyist? And if we can, what do we need to be thinking about, legally?
This answer applies to an association library, a cooperative library system, or regional library council (e.g. the Western New York Library Resources Council or the Northern New York Library Network).
It can also apply to a chartered museum or historical society.
A school district public library is considering installing closed-circuit cameras and thinking of enabling sound recordings, too. Is it legal to record sound, thinking it is a violation of patron privacy? Can board members review the tapes?
The answer to these highly specific questions will assume readers have reviewed the ALA's excellent general guidance at https://www.ala.org/advocacy/privacy/guidelines/videosurveillance and the "Ask the Lawyer" guidance here: https://wnylrc.org/raq/patron-pr
We are revising our Meeting Room Policy. Currently we have a group of seniors who meet at our library for [really healthy] exercise in the morning before the library is open. They have been doing this for about [many] years.
There are three things that are potential obstacles to this request:
1. Safety (and its flip side: Liability)
2. Security (and its flip side: Loss)
3. Charitable Status (and its obscure tax-concept flip side: "Inurements")
We are an association library that would like to appoint our interim director to the permanent position, but we are concerned: Do we have to have a search? Are there any legal concerns with simply moving ahead and voting to give them the position?
Here are the questions I would explore with an association library facing this situation:
I am interested in developing a policy to outline who/how the library may collect donations on behalf of other organizations. We have always had a Lion's Club eyeglass donation box in the library. I inherited this procedure but I cannot find any policy that specifies the parameters of such an agreement. Does the organization we would collect for have to be a 501C3?
[NOTE: For exciting recent commentary and a model policy about fund-raising along with or on behalf of third parties (like Friends), check out this RAQ, addressing libraries assisting Friends groups with fund-raising activities. The following response is limited to the very narrow issue of collecting donations on behalf of
I have several questions related to the legality and ethics of individuals serving as municipal library trustees. Who can serve, and who can or should not? Does an individual have to reside within the municipality in order to serve as a municipal library trustee? Can members of the municipal council or legislature simultaneously serve as municipal library trustees?
At "Ask the Lawyer" we aim to create resources that are accurate, clear, and above all... useful.
So, for accuracy and clarity, I will answer the questions briefly in the paragraphs below.
Does a contractor have to comply with FOIL request if they are contracted to a county government?
New York's Freedom of Information Law, or “FOIL”, applies to government agencies (including public libraries) but cannot be used to compel private companies (or individuals) to allow inspection or copying or records.
