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Recently Asked Questions (RAQs)

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Submit a Question to Ask the Lawyer About the Service

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Question Submission Date
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.

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!

Requirements for public access to SUNY libraries

[Submitted from a SUNY Library]

(1) What are the requirements for a SUNY library to provide access to the general non-campus community/public (those outside staff, faculty, students)?
(2) Are their specific requirements/repercussions academic libraries should be aware of in regards to public access or prohibiting public access?
(3) What are the Section 108 repercussions for not allowing public access, specifically related to the pandemic? Would libraries still be protected if they provide public 'access by appointment' only? Would "temporary" non-public access still allow for application of the 108 exceptions?
(4) Can a SUNY library deny entry to students/faculty refusing to wear a mask in the facility if it's justified in the interests of health and safety?

Re-printing instructional materials for classroom use

A teacher would like to reprint a student workbook we can no longer find in print. We tried to get permission from the company that bought the publisher out, but they said they couldn’t help. At this point, can we prove that we have made a good faith effort to receive permission?