COVID-19

I have an instructor who asked if it would be violating copyright infringement if she shares articles from her personal Continuing Education Units (CEU) account subscription with her students as class reading assignments.

NOTE: This question arose during the scramble for online resources during the nation’s response to COVID-19.  Click here for a full array of COVID-19-related questions about library operations and copyright matters impacted by pandemic response.

See Cole's thoughts below on the top 10 actions a NY library board can take to foster a library's mission and ensure its viability during the COVID-19 pandemic crisis.

A note from the author:

I am wondering if sending unsealed overdue notices to students in their classrooms is a FERPA violation. The notices might appear face up on their desks or in their hands for other students to see. The prices of overdue materials are listed on our notices.

What a difference a month makes.  When this question came in, my kids were in school, my staff was at the office…and I am willing to bet at least one person in that group had an overdue library book.

See below for Cole's statement on the Public Statement of Library Copyright Specialists.

Friends, lawyers, librarians: as my former law school faculty will tell you, my fair use cup is always half full.  I err on the side of information wanting “to be free.”  And if I wrote copyright law, it would be a very different-looking regime.[1]

Our library is arranging more online programming in response to COVID-19 closures and reductions.  What should we be thinking about in making these arrangements?

Can a library sponsor an online class open to the public?  YES.

There are just a few details to attend to:

1.  The financial details

Can we sponsor an online chair yoga class open to the public? We hosted this program on Mondays in person and would like to make it available during our COVID 19 closure. The instructor can live stream herself with payment and we'd like to open it up to anyone. Do we need waivers or disclaimer language on our website?

Can a library sponsor an online chair yoga class open to the public?  YES.

There are just a few details to attend to:

1.  The financial details

With the recent closing of schools I and my membership have been asked a great deal about Teachers Pay Teachers. Is it responsible for teachers and districts to provide students with materials purchased through this service?

[NOTE: This answer is part of our ongoing response to institutions moving to online instruction as part of the world’s response to COVID-19.  For additional Q&A on that, search “COVID-19” in the Ask the Lawyer search utility.]

A teacher from our school needs audiobook access to four different books for about 10 students per book, particularly if our absence from school is extended. She would like to provide the links to students where such audiobooks have been uploaded and posted by others on YouTube. The audiobooks are still under copyright.

For the record, as I write this response, the following message runs across the top of the U.S. Copyright Office’s web site:

Operations Updates During the COVID-19 Pandemic

We are seeking guidance as a result of the following:

We have been informed (by the Health Department and via news media) an individual who now has been confirmed to have COVID-19 attended a program at one of our libraries. I have been asked the following questions:

To address this very serious array of questions, we’ll take them one at a time.

To what extent is it the responsibility of the library to notify participants who attended the library program the person now diagnosed with COVID-19 attended?

Can you please explain the clause below found in Governor Cuomo's Executive Order dated 3/13/2020. It reads:

“Suspension of law allowing the attendance of meetings telephonically or other similar service:

I have a phrase I use in my office to remind my team (and me) to be diligent, but always play it cool: “Quick work is [not such very good[1]] work.”