Skip to main content

Recently Asked Questions (RAQs)

To search the database of RAQs, use the site-wide search. To browse, select a subject tag on the right side of this page.

Submit a Question to Ask the Lawyer About the Service

Displaying 1 - 5 of 19
Question Submission Date
Student Newspaper Archives, Fair Use, Licensing, and the DMCA

We are uncertain how to proceed with further digitization of our college’s student newspapers. Currently, the newspapers published between 1948 and 2016 are digitized. They were made available online through a page hosted on the college’s website as well as the NYS Historic Newspapers database.

Since the mid-2010s, articles from the newspaper have been published simultaneously online and in the print edition distributed across campus.

The college’s administration received a complaint from a company called Copytrack regarding two images used in past issues of the paper. The college’s response was to scrub the images from the online archive of past issues and restrict access to the archives, effectively removing the entire digitized collection of its archives from the newspaper’s website.

However, since the issues in question were from 2017 and 2018, the digitized collection still remains intact on NYS Historic Newspapers, where the library has it hosted. We’re uncertain what weight this complaint from Copytrack holds and hope to digitize the remainder of the publication soon, within the bounds of copyright restrictions.

After this copyright complaint, is it advisable to leave the collection in NYS Historic Newspapers and continue adding to it, or should we plan to take it down and only digitize future copies for in-house preservation purposes?

Academic Libraries Remediating “Born PDFs”

We currently offer a service that collects older static PDFs of library/research content and provide faculty with a URL (or permalink) to that resource in our library’s digital collections. This service provides the following enhancements:

  • Increases accessibility as links will always test as accessible in Brightspace (DLE/LMS)
  • Enhance student discovery of library resources.
  • Provide more accurate usage metrics that influence library subscription decisions.

Occasionally, we come across an old scanned PDF of a book chapter or scholarly article that we do not subscribe to.

Our question is: If we publicly offer to remediate (as best we can) published content that we do not subscribe to or own so that faculty can place an accessible version of them in their course shells, are we violating copyright? Keep in mind these materials would only be shared with students of specific courses and would be available only through the learning management system that requires a login.

Using Copyrighted Audio in Online Course

[We got a question from an academic library...]

I have a question about using copyrighted materials in my classes.

A few years ago, I purchased and listened to the audio version of a Great Course called "[NAME REDACTED TO AVOID COMPLICATIONS]." Each lecture is about 30 minutes and I thought they would make a great weekly assignment in my "[NAME OF CLASS ALSO REDACTED]" class. I would have students listen to a lecture and then focus their discussion around it.

My question is, what legal ways can I share these lectures with students? I have purchased the video series at thegreatcourses.com (for $29.95). I know I can't take a screen recording of them and post on YouTube public, but could I take a screen recording and post in Brightspace? That way, they would not be able to disseminate it or access it beyond the end of the course."

PS "Brightspace" is course software (Like "BlackBoard")

Libraries Open to the Public Template for Copiers

We were asked about signage to post over the public copier at a libraries open to the public. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!

Popular music in Public K-12 Schools

I am struggling to find information on using popular music in public K-12 schools. I have the following areas I am trying to find information about:
1. Can a teacher use a Spotify account in their classroom?
2. Can a teacher use music with face-to-face instruction?
3. Can a service provider (counselor, therapist, social worker...) use music with students?
4. Can music be played during sporting events
5. Can music be used as part of the morning announcements

Thank you!