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Recently Asked Questions (RAQs)

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Copyright protocols for restaurant menus

(Question has been slightly modified to maintain anonymity)

We have been digitizing restaurant, hotel and other menus from our historical menu collection and have been following standard copyright protocols – but also making many case-by-case decisions based on things like whether of the establishment still exists, etc. (With only a couple exceptions I made for a faculty member who had permission of the restaurant owners, I haven’t scanned any menus from after 2000.) Our public collection site is used by students and researchers around the world.

My question is: can we scan and put online menus dated after 1977 (and especially more recent – up until 2021) if it is for educational purposes? If we do scan them, would we need permissions from every single chef/owner? The copyright status of menus in general has always seemed murky to me, but I don’t even know where to go to find clear answers for this situation.

Music Performance and Broadcasting on Webpage

A high school band has purchased music with permission to perform. The music teacher has requested that the performance be shared on the school's website. From my understanding, the performance may be shared live / streamed (permission to broadcast) via the school's web page but may not be recorded and then posted to the website. The public performance relates to the site/building and not to the World Wide Web.

Please confirm whether my understanding is correct.

Update on retention of health screening records

I am writing to update the excellent advice on the RAQ page from November 2020 in regards to the retention of health screening records in a school district, local government, or state agency (under a separate retention schedule.)

I just called the state archives to confirm the retention period of library employee daily health screenings using LGS-1. They referred me to item 792c (positive health screening) with a 6 year retention and 792d (negative health screening) with a 1 year retention. (pg: 210-211 in the schedule.)

They have also updated their guidance on records related questions for COVID-19 http://www.archives.nysed.gov/records/documenting-government-response-to-covid-19

Thank you for answering the original question in November. I hope this update to the response is helpful.

Collaborating with volunteer organizations to provide services

If a nonprofit organization is unionized, may they have volunteers as part of a collaborative effort with another organization for a service that is not currently provided? For example, could they collaborate with a volunteer organization for an outreach service that is not currently provided?

Background checks and fingerprinting for new employees

My questions involve background checks for potential new employees, fingerprinting, developing policies, procedures, and best practices.

Do background checks, fingerprinting, etc., need to be done for all positions? Does it need to be posted in the job advertisement that there will be a background check for the successful candidate or all finalist applicants? Can the background check need to include a financial check and a legal check?

And tangentially, am I correct in my assumption library staff are not considered mandated reporters? Are there guidelines for this as well.