Submission Date:
Question:
My Director has asked me to ask you the following question. In normal circumstances the library would host the meetings of local organizations that do not have a building of their own. The library hosts the meetings of organizations like "Concerned Citizens", "Race Unity Circle", the "Bahá'í society", etc. All nonprofits that do not have large budgets and utilize the library for their meetings. Is the library legally allowed to use the library's Zoom subscription to host meetings for these groups as an Outreach Program? In the same way the librarian would be there to book the meeting, set up tables/chairs, and greet the group, the Zoom meeting would be booked, the link distributed to members, and the librarian there to open the meeting up at the specified time. I would be interested if your answer is different depending on whether the library is in an emergency closure situation or not.
Answer:
Life is full of surprises. When I was in third grade, I was surprised to learn that this strange country called “Canada” occupied the upper half of North America. When I was in fifteen, I was surprised to learn that “brooch” rhymes with “roach.”[1] And upon researching the answer to this question, I was surprised to learn that Zoom doesn’t have an “exclusive use” clause in their service agreement.[2]
Now, let me be clear, the Zoom “Terms of Use,” most certainly bar simply enabling a “third” party to use a library’s account. Here is the clause that does that:
You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
In other words, Zoom doesn’t want you to “offer” your account out to another party (even if that party is a legit not-for-profit).
But the member has asked if they can serve as the “host” of the meeting, mirroring the way their library opens its doors for certain groups and gatherings. Both functionally and grammatically—and thus legally—this means the library is the one using the service. It’s like my law firm using our Zoom to host a board meeting for a client, since I need to be there anyway. Or, perhaps more closely, an educational institution letting a student group use its Zoom, so the student newspaper can soldier on.
So the stark, simple answer to the member’s question (“Is the library legally allowed to use the library's Zoom subscription to host meetings for these groups as an Outreach Program?”) is “YES.”
That said, being a detail-oriented, pro-risk-management, and liability-averse kind of attorney, I can’t just leave it there.
Physical meetings at your library all must follow some rules. Some libraries set these rules by policy, others confirm them with both a written policy and a facility use contract.
These documents ensure that the particular rules at that library will be followed.[3] The same should apply when the library is hosting a Zoom meeting for your community.
In addition, since the Zoom “Terms of Use”[4] and related agreements impose certain rules, and hold the licensee (your library) responsible for any violations, the conditions for library-hosted meetings should not only require adherence to your rules, but also to Zoom’s.
Zoom’s “Acceptable Use” Policy expressly bars numerous types of activity, including but not limited to:
- Promoting violence.
- Harming children.
- Displays of nudity, violence, pornography, sexually explicit material, or criminal activity.
- Human trafficking.
- Supporting or facilitating terrorism or terrorist organizations
- Any activity that is defamatory, harassing, threatening or abusive.[5]
- Copyright infringement.
I imagine most libraries can endorse these conditions, but some may be (rightly) wary to impose content restrictions on meetings. While the limits your library has agreed to with Zoom is a contract the library has voluntarily accepted, I can see a (very) few instances where perhaps a first amendment concern could loom. So any library considering hosting Zoom meetings for users should think that aspect through thoroughly, and be ready to address it just as you address such concerns for physical meetings.
To help a library navigate these straightforward but choppy legal waters—especially the Zoom Terms’ bar on letting a third party use your account—here is a template “Virtual Meeting” Agreement.
NOTE: As always, template agreements should be reviewed by your library’s legal counsel to ensure they conform with your library’s charter, bylaws, unique identity, and other policies.
Videoconference Meeting Agreement—TEMPLATE ONLY
|
Person filling out this form [must be cardholder] |
|
|
Group |
|
|
Meeting date, time, duration |
|
|
Target date to send out the invitation
Please note: for the orderly operation of the meeting, pre-registration should be required, OR attendees should be given only limited participation ability.
|
|
|
Purpose of meeting (must be a purpose consistent with library operations) |
|
|
Estimated number of attendees |
|
|
Record meeting? |
|
|
Live stream meeting? Please list where the livestream will be accessible |
|
|
Please list your group’s Meeting Facilitator [see Meeting Facilitator Responsibilities below] |
Name: Title: E-mail: Phone number: Address: |
|
[To be filled in by library] Library Staff serving as “host” on the videoconference. |
Name: Title: E-mail: Phone Number: |
|
Facility Use Policy |
[attach] |
|
Additional terms of use |
https://zoom.us/reasonableusepolicy
|
On the above date and time, the [NAME] library will host a meeting of the above-listed group for the above listed purpose.
It is understood that every attendee of the meaning will be expected to abide by both all the applicable rules of the library for meetings at our facility, and to observe any and all above-listed additional conditions.
The above-listed “Meeting Facilitator” should be logged in to the meeting at least 10 minutes before so they can discuss the orderly conduct of the meeting with Library Staff.
The Meeting Facilitator must discuss the functional aspects of the meeting with library staff before the start of the meeting; they should be prepared to discuss how attendees will be able to interact and how the relevant functions of the meeting will be used to meet the meeting's stated purpose.
The Meeting Facilitator should also be comfortable with using Zoom's capabilities to assist the Library Staff in hosting the meeting (monitoring the chat, moderating the discussion, muting or removing participants if needed).
When it is time for the meeting to begin, the library staff hosting the meeting will state:
“Welcome to [MEETING NAME]. Hosting an online meeting with your group is a service the library provides to our community groups without charge. Just as with hosting meetings in our physical space, the library must enforce rules regarding respect, non-discrimination, and accessibility. If you have concerns in that regard, please let me know by sending me a private message during the meeting. And now I’ll turn it over to [NAME] to start the meeting.”
It is expressly understood on behalf of the group that:
- The library is hosting the meeting;
- An employee of the library will initiate the videocall;
- An employee of the library will co-facilitate the technical aspects of the meeting;
- An employee of the library will participate in the meeting as set forth above to ensure the applicable rules and the conditions of this Agreement are fulfilled;
- Participants who do not abide by the library’s rules will be muted or removed from the meeting, in the library’s sole discretion;
- The library can cancel or terminate the meeting, in its sole discretion, at any time.
Please alert the library to any ADA considerations for hosting this meeting. For meetings with more than 50 participants, the Meeting Facilitator should be ready to discuss accessibility objectives with the Library Staff member.
We welcome your ideas for making our co-hosted meetings better. Constructive feedback may be sent to [e-mail].
Signed: ___________________________________
[library representative]
Acknowledged: __________________________________ on DATE: ______________.
[cardholder]
Unless there is a bylaw, policy, or contract barring staff serving as the meeting host, this is most definitely a service that can be offered even when your library cannot be physically open to the public. However, at all times, it must be clear that this is the library’s meeting. Account ID’s, passwords, and hosting capabilities should not be given away. Co-hosting should never be converted into changing the host. The meeting “intro-text” should be read every time; it is there to make sure that the library’s primary role is documented in every single meeting you host. Just like a meeting room should never be used when the library is not staffed, the virtual meeting room must remain in the control of your institution—otherwise, there could be concerns with the license.
And with that, I wish whoever at your library becomes the “virtual meeting staffer,” a stout heart, a quick finger on the mute button, and lots of community-oriented fun.
[1] I have since been informed that either pronunciation is acceptable. Fortunately, with my spare fashion sense, it is not a word I use often.
[2] As found May 23, 2020 at https://zoom.us/reasonableusepolicy.
[3] The conditions in these documents will change from library to library. Some libraries have to enforce the rules of a landlord. Others will decide to charge a nominal fee (DO NOT do that for a Zoom meeting), or restrict use to a charitable use.
[4] As found on May 23, 2020 at https://zoom.us/terms.
[5] By the time I got to this part of the list, I was thinking “Jeez, it’s an ugly world out there, and Zoom has a front-row seat to it.”
Tag:
COVID-19, Emergency Response, Library Programming and Events, Local Organizations, Meeting Room Policy, Online Programming, Policy, Templates, Zoom
