Responding to LEO & Others' Requests for Library User Information

Question

I’d like to ask this as generally as I can so that the answers are as applicable as possible, but I’m writing from a small college library in NY, so I’d like to get a sense for myself and my staff about what our rights, obligations and protections for students and patrons are as Librarians in the event of a “visit” or raid by Immigrations and Customs Enforcement.

Answer

This is a timely and important question.

Regarding the ability of law enforcement (including ICE, FBI, ATF, etc.) to enter a college or university campus: the administration will make that determination, and it will be based on many factors.

Yearbook Copyright Status

Question

We at [redacted higher ed institution] are considering digitizing our past yearbooks and storing them in an institutional repository which has the option of materials being password protected or available publicly. We are also considering using these photos in future advertising materials.

Answer

We have had a lot of questions about yearbooks over the years of Ask the Lawyer.[1]  We'll answer this submission with the understanding that for those who want further and deeper information, there's more to read in the "ATL" vault.

Opt out of CCB for libraries

Question

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.

Answer

For this question, "Ask the Lawyer" brought in "Authorlaw.com" and copyright attorney at the Law Office of Stephanie Adams, Sallie Randolph, as a guest author.  Many thanks to Sallie for crafting this answer as the CASE Act unfolds.

Libraries Open to the Public Template for Copiers

Question

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!

Answer

MAKING A COPY ON THIS MACHINE

MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES[1]

This means 4 important things:

Copyright for Student Works in Anthologies

Question

Since the 1970s, Villa Maria College has published an annual anthology of student work called Skald (https://www.villa.edu/campus-life/skald/).

Answer

To address this question, I took a look at several issues of "Skald Art & Literary Magazine."

Each issue was interesting, but it was viewing the works collectively that brought true rewards.

Every issue was a different size, was informed by a different design sensibility, and had a different type of binding.

Database Downloads and Confidentiality

Question

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.

Answer

Questions that combine higher education, data access, and "terms of use" enforcement always give me a moment of sad reflection, as I remember Internet pioneer and activist Aaron Schwartz. It was an alleged overuse of an academic database at MIT in 2012 that lead up to his demise.[1]

Popular music in Public K-12 Schools

Question

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?

Answer

Welcome to "Back to School 2021"...a year unlike any other!

I have weathered many K-12 "back-to-schools."  For instance, second grade back-to-school, for me, was in 1980.  For my son, it was in 2010.  And for my daughter, it was just a few days before I sat down to write this.

That 1980-to-2021 time span has allowed me to realize two things: