Policy

Beginning on October 9, employers in NYS are required to make interactive training which meets state outlined minimum standards to their employees to combat sexual harassment in the workplace.

The member is right: New York State has taken the huge step of requiring ALL employers—whether  they employ one, or one thousand—to train their people to recognize and report sexual harassment and illegal retaliation.

But this training requirement does not stand alone.  Also as part of the amped-up law:

The director of the college print shop has come to me for copyright assistance. Our faculty often ask for photocopies of materials for distribution to students in class. She asks the faculty member if they have the appropriate permissions for making copies but is not always convinced by their answers.

This question seems simple, but it actually involves some high-end concepts of business law and liability.[1]

We are finding that librarians within larger institutions (like colleges and museums) are the go-to resource for copyright questions, which could also include institutional copyright concerns.  What should a librarian do if the "question" they are presented with is really an allegation of copyright infringement?

“Ask The Lawyer” has touched on this topic a bit before.  In our 9/19/17 RAQ post “Skating the Line Between Helpful Information and Legal Advice,” we discussed the risks posed when patrons and co-workers confuse the helpful attitude and boundless information provided by librarians with legal services. 

Are libraries legally required to obtain photo releases from all patrons (children's parents, teens, adults), even if we don't name those patrons before publishing photos to our social media accounts and/or press releases?

This is a huge question.  To answer it, let’s start with where the mania over image releases comes from.

New York Civil Rights Law, §50, states:

I am working with an artist on a future display at our library. He is a regionally known professional artist. He is working on an engraving that makes use of a short poem by a deceased, well-known poet.

This is a great question, since it shows how libraries not only provide access to information, but serve as patrons for the arts.  This nurtures local culture, spurs community creativity, and brings special attention to a library.

As the member points out, though, this role also comes with its own set of legal issues, including copyright concerns.

We are planning on installing a bike rack for our community members. With it begs the question, should we also loan bicycles? Many libraries already do.

From tools, to bikes, to digital printers, an increasing number of libraries are providing access to more than information. 

I imagine someone has named this phenomenon, but I got a J.D., not an MLS, so I couldn’t find its overall name.  Therefore, I call it “The Library of Things.”  [1]

Can a library be sued for defamation for adding defamatory content to its collection?

As I work on “Ask the Lawyer,” one of the core concepts I keep in mind is a library’s unbiased commitment to provide information.  As set out in the ALA Policy Manual’s “Library Bill of Rights”:

[I work at the library of a public university.] Every year we have requests from students in Media Arts program to videotape in the library. They ask me to grant permission. I do not feel comfortable granting permission for others to be filmed.

When this question landed on my desk, I had recently watched a viral video[1] on YouTube about how some people have no "inner monologue".

With the NYS Shield Act taking effect in March 2020 what changes or precautions should libraries be thinking about to comply with the law and minimize the risk of data breaches?

There are many technical aspects to this question, and this answer will explore many of them.  But first, I invite each reader to sit back, close their eyes, and envision the types of information their library takes in, maintains, or manages digitally.

My question is: do public libraries have any legal obligation to collect emergency contact information for children (age 17 and under) attending library programs without a parent or caregiver present/on the premises?

This question is rather like asking an astronautical engineer: When on a spacewalk, are there any safety procedures specifically related to securing my helmet as I exit the airlock?