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Recently Asked Questions

To search the RAQ database, use the search box at the top of the page. Recordings of Ask the Lawyer webinars and more information can be be found on the Resources Page.

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Opt out of CCB for libraries

The CASE Act has a provision for libraries to preemptively opt out of CCB proceedings. If we opt out at the institutional level, does that cover individual library employees?

Opting out seems like a good course of action for our institution but I wonder if there are reasons why we should not opt out.

Reference Services for Incarcerated Populations

Periodically, our library receives handwritten requests for information from individuals who are incarcerated at prisons and correctional facilities around the country.

We are an academic library at a private institution and our campus does not currently have a prison outreach program. As part of our ongoing social justice efforts within the library, we would like to be more purposeful about the way we handle these reference questions.

What are legal considerations we should keep in mind when providing reference services to incarcerated individuals? Ideally, we would want to treat these questions the same way we would questions from members of the general public. However, our team wants to be sure we understand whether there are ways we could unintentionally put ourselves or our institution at legal risk if we provide information that is somehow deemed problematic.

(Note: We are aware of the Prison Library Support Network and plan to participate in trainings they may offer.)
Thanks!

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!

Database Downloads and Confidentiality

Recently a question has come up at our academic library concerning patron privacy and the notification to a patron (usually a student) concerning excessive downloading of content from databases in our collection. Our current practice has been to receive notification from the vendor about perceived illegal downloading. We then ask a member of our library IT team to investigate the situation, based on the information from the vendor. The contact information acquired by that IT staff member is then provided to the e-resource librarian. That librarian then contacts the individual via email, explaining the situation and indicating that such behavior must cease. Once that is done, the librarian notifies the vendor that the situation has been addressed, and there is no need to withhold access to the product from the campus. No personal identification of the user or student is provided to the vendor, nor distributed to anyone else. The question now: Is this process appropriate in resolving the misuse of a database, or does it violate the user’s/student’s privacy rights?

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!