Academic Libraries

Question

[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.

Answer

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".


Question

I'm working on a research project with other librarians who work with nursing schools from across the United States.

Our research question involves the restrictiveness of requirements for articles used in student writing assignments, i.e. limiting to articles published in the past 5 years and one author must be a nurse.

Answer

Yes, syllabi and assignments can be protected by copyright, so long as they are of sufficient substance and originality.  


Question

In a public school...What are the possible legal consequences of showing Netflix or other digital streaming services like HULU from a personal account in a classroom setting.

Can teachers legally stream Netflix services from their personal account in the classroom?

Answer

The relationship between a person and their streaming content service is almost always[1] governed by a type of contract called a “license.”


Question

I have been reading the legal arguments undergirding the Controlled Digital Lending initiative (controlleddigitallending.org).

Answer

This is a great and important question, and it rests on an critical issue. 

With that in mind, before you delve into this answer, I encourage readers of “Ask the Lawyer!” to check out the CDL “Statement” on www.controlleddigitallending.org/statement.

[Small break.]


Question

ResearchGate is often a place individuals will go to snag PDFs which are typically provided by authors, not publishers.

Answer

I first heard about “ResearchGate” at a copyright training I was conducting for librarians. 

There I was, holding forth about Section 108 and Fair Use, when out of the blue, an academic librarian asked me: “What do you think of Researchgate?”[1]


Question

We have a question that relates to the intersection of New York state level library privacy laws (https://www.nysenate.gov/legislation/laws/CVP/4509) and FERPA.

Answer

Depression.  Burn-out. Dissatisfaction. Lack of connection.  Lack of money. Lack of parking.

These are just some of the reasons students give when they choose to leave—or are forced to leave—their college or university before graduating. 


Question

A teacher would like to reproduce an entire article from a published magazine. They state that because it is only 10% of the entire magazine, it falls under fair use. My interpretation has been that it is 10% of the article, since the article is a published work on its own.

Answer

The “Ten Percent Rule” has been kicking around the world of education for decades!  This is a good chance to bust this myth, since as we’ll review, it is not a reliable stand-alone formula for “Fair Use” (copying without needing permission). 


Question

Can a faculty member, who no longer requires students to buy a textbook, duplicate and share (with the students) the supplemental instructional resources provided by the publisher? The resources can be both digital and hard copy.

Answer

Sometimes, an instructor will try and solve both these problems by removing the book from the syllabus, while keeping a few choice materials on hand from the instructor copy supplied by the publisher. This seems like a win-win: the students have one less book to buy, while the lecture notes, visual aids, and LMS can carry forward the valuable content retained by the instructor.


Question

We have video recordings of campus speakers that we are interested in digitizing and publishing to an online platform. They are currently on VHS and/or DVD and available in the Library to be checked-out. 

Answer

Part of the mission of higher education institutions is to bring important, provocative, and enlightening speakers to their communities. Over the years, this results in an impressive roster of authors, artists, professionals, politicians, comedians, dignitaries, and civic leaders, having spoken on campus.


Question

An instructor has loaded many scanned pages from a cookbook (possibly multiple cookbooks) into her class Blackboard page so that students do not have to purchase a textbook. In the samples I've received, I don't see any acknowledgements of the original author(s). Is this permissible? Thank you!

Answer

[Note:  The syllabus, which set out the basis for compiling recipes from a variety of regions and cooking styles, was also provided as part of this analysis.]