Recently Asked Questions (RAQs)

We got a series of questions from a public library system about New York State Retirement. Buckle up, this is a LOT.

We are a school district public library. Can the school require the library to be part of its budget vote if the library desires to be separate from it?

I wanted to host a fanfiction writing contest for my teen department, as we have a lot of teens who enjoy writing fanfiction about their favorite characters and fandom. However, I know fanfiction is always a little tricky.

The idea was to set rules and guidelines, such as:

“Respect for Source Material: If using established characters or settings, submissions should honor the original creator’s vision, themes, and tone.

Originality: Plagiarism will result in disqualification. All work must be the author’s own, with clear inspiration rather than direct copying from the source material.”

The prize would be a gift card that was sponsored, not purchased. We wanted to publish these works on a small, local scale—hosted on our blog or website. However, I am starting to think that using public-domain characters and literary works may be the safest option, especially considering they are minors. A secondary question about publishing in general: if they are minors, is parental consent required?

Our trustee petitions to run for board seats are due 30 days before our election. That date happens to fall on a Sunday. What is the best practice for dates that fall on a Sunday? What is the best practice for dates that fall on a Saturday? Our petitions are due at the school, the school is closed on Saturday and Sunday.

What if the petitions were due at the library, and we were open?

I’m assuming the age requirement for youth cards varies widely even among NYS libraries, but what are the key determining legal factors which inform how libraries settle on an age range for this policy? I can think of three factors, and libraries likely conflate all of them together. I’d like to extrapolate the real legal concerns so that I can more clearly determine our own library’s circulation policies regarding permission for youth cards.

1. Is the signature to allow for “parent permission” to access the library? Are public libraries legally obligated to obtain parent permission before a child of a certain age accesses library materials or services? I’m assuming that the library would not be liable if, for example, staff allowed an 11-year-old without a library card to read any book they liked within the walls of the library. Does this apply to a child of any age? (I realize unaccompanied minors will eventually come into play). So, by extension, is granting an 11-year-old a library card without parent consent legally permissible?

2. Is the signature an acknowledgement of responsibility for the library materials on behalf of the child? Many library card applications prompt for this specifically, but according to NYS law, is a parent/guardian responsible for library materials checked out to a minor in their care regardless? (If a 15-year-old minor lost library materials or incurred fines or fees, would their parents still be legally responsible even without giving permission for the card?)

3. COPPA and the collection of PII (for online library card signup). Though not required as a non-profit, our library chooses to comply with this policy, requiring parent/guardian consent of online card signup for children 12 and under. Does this mean that a child aged 11 could still, within legal boundaries, apply for a library card in person without collecting consent?