The law of libraries and archives

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The law of libraries and archives

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The Law of Libraries and Archives The Law of Libraries and Archives Bryan M Carson SCARECROW PRESS, INC Published in the United States of America by Scarecrow Press, Inc A wholly owned subsidiary of The Rowman & Littlefield Publishing Group, Inc 4501 Forbes Boulevard, Suite 200, Lanham, Maryland 20706 www.scarecrowpress.com Estover Road Plymouth PL6 7PY United Kingdom Copyright © 2007 by Bryan M Carson All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher British Library Cataloguing in Publication Information Available Library of Congress Cataloging-in-Publication Data Carson, Bryan M., 1965– The law of libraries and archives / Bryan M Carson p cm Includes bibliographical references and index ISBN-13: 978-0-8108-5189-4 (hardcover : alk paper) ISBN-10: 0-8108-5189-X (hardcover : alk paper) Library legislation-United States Archives-Law and legislation-United States Fair use (Copyright)–United States I Title KF4315.C37 2007 344.73'092-dc22 2006020318 The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI/NISO Z39.48-1992 Manufactured in the United States of America To my parents, Ada Lou Carson and Herbert L Carson, who taught me how to write and to my wife, Gayle Novick, who has provided my inspiration for the past six years Contents Acknowledgments Libraries and the U.S Legal System Contracts: A Meeting of the Minds Copyright and Patent Law Fair Use and Intellectual Property Rights: The Basics of Using Information Legally Copyright and Education Trademark and Trade Secret Law Licensing of Intellectual Property Information Malpractice, Professionalism, and the Unauthorized Practice of Law and Medicine Search Warrants, Investigations, Library Records, and Privacy 10 Internet Use Policies and the Filtering Debate 11 Employment and Workplace Law 12 Forming a Nonprofit Organization Notes Index About the Author Expanded Table of Contents Acknowledgments Chapter 1 Libraries and the U.S Legal System Chapter 2 Contracts: A Meeting of Minds Chapter 3 Copyright and Patent Law Chapter 4 Fair Use and Intellectual Property Rights: The Basics of Using Information Legally Chapter 5 Copyright and Education Chapter 6 Trademark and Trade Secret Law Chapter 7 Licensing of Intellectual Property Chapter 8 Information Malpractice, Professionalism, and the Unauthorized Practice of Law and Medicine Chapter 9 Search Warrants, Investigations, Library Records, and Privacy Chapter 10 Internet Use Policies and the Filtering Debate Chapter 11 Employment and Workplace Law Chapter 12 Forming a Nonprofit Organization Supplemental Materials on Website How to Read a Legal Citation Table 1.1 Reporters Containing State Court Cases Table 1.2 Reporters Containing Federal Court Cases Table 1.3 Sets Containing Federal Statutes and Regulations Table 1.4 Encyclopedias, Digests, and Annotations Conclusion Chapter 2 Contracts: A Meeting of the Minds Definition of a Contract A Offers B Acceptance, Rejection, and Counter-Offers C The Concepts of Consideration and Reliance D The Statute of Frauds Governmental Contracts Legal Damages for Breach of Contract A Compensatory Damages B Punitive Damages C Consequential Damages D Liquidated Damages E Promissory Estoppel Equitable Damages A Injunctions and Specific Performance B Reformation of Contracts C Quasi-contractual Remedies Illegal Contracts and Agreements Against Public Policy Conclusion Chapter 3 Copyright and Patent Law Copyright Law A Derivative Works B International Protection for Copyright Law C Fair Use Infringement of Copyright A Remedies for Copyright Infringement B Actual Damages and Statutory Damages C The Sony Case D The File-Sharing Cases The Work for Hire Doctrine A Employees versus Independent Contractors: The Reid Case B Statutory Categories and Work for Hire Agreements Figure 3.1 Copyright Assignment Clause C Work for Hire on the College Campus Exceptions to Copyright Law for Libraries and Archives Figure 3.2 Copyright Notice for Libraries Duration of Copyright Table 3.1 Duration of Copyright The U.S Patent System Conclusion Chapter 4 Fair Use and Intellectual Property Rights: The Basics of Using Information Legally What Is Fair Use? A The Nature of the Use B The Nature of the Copyrighted Work C Amount Used, Substantiality, and Effect on Potential Market D Can an Artist Plagiarize Himself? The Case of John Fogerty Fair Use and the Constitution: A First Amendment Right? Fair Use and the Common Law of Copyrights A State Common Law, Federal Copyright, and the Question of PreEmption B Common Law Copyright and the Fair Use Doctrine C Copyright Law and Unfixed Works D Unpublished Manuscripts Conclusion Chapter 5 Copyright and Education What Can You Do in a Classroom or Library? A Copyright and E-Reserves Distance Education and Copyright Law A The 1976 Copyright Act and Distance Education B The TEACH Act and Transmission of Performances C What the TEACH Act Covers Figure 5.1 Copyright Notice for Online Class Conclusion Chapter 6 Trademark and Trade Secret Law Trademark Law A Dilution of Trademarks B Palming and Reverse Palming C The Dastar Case and the Relationship between Trademark and Copyright Trademarks, Domain Names, and Cybersquatting Internet Linking and Framing in Copyright and Trademark Law A Copying, Displaying, and Transmitting Files B Copyright and Trademark Issues with Deep Linking and Framing C Other Legal Issues with Linking and Framing Trade Secrets A The Case of the “Ancient Family Secret!” B Reasonable Efforts to Maintain Secrecy C Legal and Equitable Remedies for Trade Secrets D Librarian Confidentiality and Trade Secret Law Conclusion Chapter 7 Licensing of Intellectual Property The Uniform Computer Information Transactions Act and the Attempt to Create a Special Law of Licensing Halvorson, T R Hamilton, Ian Hand, Judge Learned harassment Harper, Georgia Harry Potter and the Half-Blood Prince Harvard Bluebook Hatch, Senator Orrin Hauptman, Robert Healey, Paul Heinlein, Robert Hemingway case hiring practices holdings questions Hoon, Peggy hostile work environment Hustler Magazine ICANN (Internet Corporation for Assigned Names and Numbers) illegal contracts and agreements against public policy implied contracts incorporating nonprofit organizations independent contractors copyright laws employment and workplace law independent economic value inevitable disclosure doctrine information malpractice American Library Association See also malpractice infringement of copyrights See copyrights injunctions contracts copyright infringements bootlegs Harry Potter and the Half-Blood Prince Napster Wind Done Gone instructional texts, works for hire intellectual freedom See freedom of speech intellectual property Article 1 Section Clause of U.S Constitution contract law copyrights See copyrights defined fair use See fair use freelance articles licensing See licenses to use products of intellectual property patents See patents permissions for policies software and databases trade secrets See trade secrets trademarks See trademarks intelligence-gathering See Foreign Intelligence Surveillance Act; search warrants interlibrary loans, copyrights intermediate scrutiny international protection of copyrights international trade agreements International Trademark Association Internet: Copyright Act of 1976 distance education See distance education and copyrights education and copyrights Internet Corporation for Assigned Names and Numbers linking and framing resources trademarks copying, displaying, transmitting files deep linking and framing defamation linking and framing use policies American Library Association Children’s Internet Protection Act (CIPA) U.S Supreme Court ruling collection development harassment of librarians heightened scrutiny library responsibilities resources for unblocking filters See also Websites Internet Corporation for Assigned Names and Numbers (ICANN) Internal Revenue Code § 501(c)(3) status See tax-exempt status John Doe privacy cases: Connecticut New York joint copyrights Jonas, David journalist’s privilege junior mark defined jurisdiction for court orders and search warrants just cause for being fired Kaner, Cem Kaufman, Paula Kennedy, Justice knowledge of copyright infringement labor: unions See also employment and workplace law Lange, David Lanham Act law, unauthorized practice by information professionals Leahy, Senator Patrick learned employees lectures, fair use legal advice as unauthorized practice of law legal annotations legal citations legal damages for breach of contract legal interviews Leidecke, John Lewinsky, Monica LexNotes Li, Yanqing liability limitations Library Hotel in New York library privilege under evidence codes of Georgia and New York library records: defined privacy See privacy of patron information and library records Library Services and Technology Act (LSTA) license to enjoy license to exclude licenses to use products of intellectual property assignment of existing rights choice-of-law issues click-through licenses compilations computer software and databases contract law contracts databases defined distinctions between licensing agreements and sales fair use freelance articles organizations for copyrighted material patents permissions for use proposed law sales and licenses shrink-wrap licenses signed licenses software special collections Tasini v New York Times Uniform Commercial Code Article 2(B) Uniform Computer Information Transactions Act Websites limited publication linking and framing liquidated damages for breach of contract Louis and Anne Abrons Foundation Love, James luke skyywalker (Campbell, Luther) MacDonald, Mary Madrid Protocol Mahnk, Karen Maimonides malpractice code of ethics definition of professional duty of care liability limitations negligence professional, described unauthorized practice of law protection from Virginia State Bar guidance unauthorized practice of medicine See also information malpractice Mandela, Nelson maps as works for hire markets, effect of fair use on potential markets marks See trademarks mediated instructional activities medical advice and unauthorized practice of medicine meeting of minds See contracts membership organizations “Minneapolis 12” Minnesota Council on Nonprofits misattribution in Websites mission statements of nonprofit organizations Moatz, Harry Modern Language Association Monaghan, Tom monetary damages for copyright infringement Montgomery, Jack Moseley case motion pictures as works for hire Napster National Conference of Commissioners on Uniform State Laws (NCCUSL) National Endowment for the Arts (NEA) National Labor Relations Board (NLRB) National Science Foundation (NSF) national security letters (NSLs) negligence actions See also malpractice Nelson, James A New York Public Library New York Times: FBI Library Awareness Program Tasini case non-exempt employees noncompetition agreements nondisclosure: agreements PATRIOT Act privacy policies nonprofit organizations accounting practices advisory groups affiliated organizations articles of incorporation audit committees boards of directors audit committees ethics of bylaws electioneering ethics for board members governing documents articles of incorporation bylaws grassroots lobbying incorporating Minnesota Council on Nonprofits mission statement Sarbanes-Oxley Act tax-exempt status affiliated organizations articles of incorporation electioneering grassroots lobbying notices: Commerce Business Daily copyrights, notices related to Washington, D.C subpoena Occupational Safety and Health Act (OSHA) OCLC (Online Computer Library Center) off-site users offer of employment letters offers for contracts Office of Federal Procurement Policy Act Online Computer Library Center (OCLC) online materials: TEACH Act See also distance education and copyrights Internet Websites open records Orbison, Roy overtime pay page numbers in legal citations palming and reverse palming paper reserves parodies: fair use First Amendment protection trademarks particularity requirement for search warrants passing off in trademark law Patent and Trademark Office patent law copyright infringement design patents first-to-file rule first-to-invent rule library searches licenses Patent and Trademark Office Patent Reform Act of 2005 provisional patent applications telephones trade secrets trademarks utility patents waterbeds Patent Reform Act of 2005 PATRIOT Act administrative orders ALA interpretation computer monitoring jurisdiction of courts law enforcement visits national security letters nondisclosure provisions pen register provisions renewal of search warrants standard of proof necessary for search warrants wiretap provisions See also Foreign Intelligence Surveillance Act patron confidentiality: records See privacy of patron information and library records trade secrets pen register provisions, PATRIOT Act performance of nondramatic works, copyright protection permanency of form and fair use permissions for use See licenses to use products of intellectual property personnel manuals Peters, MaryBeth piercing the corporate veil plagiarism: copyrights See copyrights of oneself trademark law Polelle, Michael political action committees (PACs) Pope, Alexander pornography in Website linking and framing Pregnancy Discrimination Act principle register of trademarks prior art under patent law prior restraints on speech privacy: records See privacy of patron information and library records trade secrets privacy of patron information and library records Attorney General opinions in Kentucky and Hawaii computer monitoring disclosure that search has been performed due process ethics evidence code of Georgia and New York FBI Library Awareness Program law enforcement visits national security letters nondisclosure particularity pen register privileged communications probable cause search and seizure See search warrants state privacy laws Attorney General opinions for children information not protected information protected libraries covered privileged communications table of states with details regarding their privacy laws subpoenas suicidal patrons types of information covered types of libraries covered violence, threats of wiretaps See also Foreign Intelligence Surveillance Act; PATRIOT Act private foundations See nonprofit organizations privileged communications under evidence code of Georgia and New York See also confidentiality pro se library users probable cause, search warrants professional employees promise promisees and promisors promissory estoppel “protect it or lose it,” trademarks provisional patent applications public charities public domain, works entering public policy, agreements against punitive damages for breach of contract qualifications for employment quantum meruit quantum valebant quasi-contracts quid pro quo harassment Railway Labor Act Raitt, Ronald Randall, Alice rational basis test Reagan, President Ronald reasonable accommodations reasonable effort to maintain trade secrets records See library records Redmond case Reference and User Services Association (RUSA) reference interviews reformation of contracts regular secrets and trade secrets distinguished Rehabilitation Act Rehnquist, Chief Justice Reid case rejections and counteroffers reliance on contracts remote-use policies renewal of PATRIOT Act reporters containing state court cases Requests for Information (RFIs) Requests for Proposals (RFPs) Respondeat Superior doctrine reverse palming off or passing off Rubin, Richard RUSA (Reference and User Services Association) sales and licensing agreements: distinguished Salinger, J D Salinger case Sarbanes-Oxley Act of 2002 Schembechler, Bo Schruers, Matt search and seizure Fourth Amendment protection particularity probable cause search warrants particularity probable cause search warrants computer monitoring disclosure that search has been performed due process FBI Library Awareness Program jurisdiction of courts national security letters particularity particularity requirement PATRIOT Act See PATRIOT Act; pen register and wiretap provisions probable cause standard of proof necessary for search warrants searching U.S patent system self-perpetuating organizations self-plagiarization and fair use senior marks September 11th See PATRIOT Act service marks See also trademarks sets containing federal statutes and regulations sexual harassment shoplifting investigation shrink-wrap licenses signed licenses Small Business Act software: licenses to use products of intellectual property Uniform Computer Information Transactions Act Sonny Bono Copyright Term Extension Act Sony case Souter, Justice David Hackett sovereign immunity principle special collections, licenses specific performance spiders program Springer, Randel S standard of proof necessary for search warrants Stanley case Starr, Kenneth state laws: fair use under state common law See also statutes Statute of Frauds statutes: citations to legal cases and statutes federal See federal legislation work for hire agreements, statutory categories statutory damages for copyright infringement Stevens, Justice John Paul StreamCast strict scrutiny Sturm, John F subpoenas subscriptions See licenses to use products of intellectual property substantiality, and effect on potential market suggestive marks suicidal patrons supplemental materials on supplemental register of trademarks supplementary works for hire support URL Supreme Court See U.S Supreme Court surveillance See Foreign Intelligence Surveillance Act; search warrants table of appropriate and inappropriate employment interview questions table of states with details regarding their privacy laws tarnishment of trademark Tasini case licenses to use products of intellectual property tax-exempt status affiliated organizations articles of incorporation electioneering grassroots lobbying nonprofit organizations TEACH Act teaching: academic librarians copyright issues See education and copyrights Technology, Education, and Copyright Harmonization Act (TEACH Act) telephones: patent law telephone directory fair use case tests as works for hire text of library privacy laws, how to find trade agreements trade dress See also trademarks trade secrets confidentiality for librarians defined employment law legal and equitable remedies maintaining secrets patent law patron confidentiality in library settings reasonable effort to maintain secrecy regular secrets and trade secrets distinguished two-part test See also trademarks trademarks application for copyrights cybersquatting Dastar Corporation v 20th Century Fox Film Corporation deep linking and framing defamation in Website linking and framing defined dilution of trademarks displaying online files domain names expired copyrights and patents, use of trademarks to circumvent fair use framing, defined generic Internet copying, displaying, transmitting files deep linking and framing defamation linking and framing junior mark See junior mark law of application for trademark dilution of trademark linking and framing misattribution in Websites mutual exclusivity, copyright, and trademark rights palming off or passing off parodies patents plagiarism pornography in Website linking and framing “protect it or lose it” reverse palming trade secrets laws See trade secrets laws transmitting online files types of U.S Patent and Trademark Office U.S Supreme Court “use it or lose it” Website linking and framing World Intellectual Property Organization trades and professional employees translations as works for hire transmitting online files treble damages 2 Live Crew case two-part test for trade secrets UCC See Uniform Commercial Code (UCC) unauthorized practice of law and medicine: malpractice by information professionals unblocking filters unfair use of trademarks unfixed works, fair use Uniform Commercial Code (UCC): contract law licenses to use products of intellectual property Uniform Computer Information Transactions Act (UCITA) Uniform System of Citation (Harvard Bluebook) Uniform Trade Secret Act Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) See PATRIOT Act Universal Copyright Convention University of Phoenix unpublished lectures unpublished manuscripts URL for support Website U.S Constitution See constitutional issues U.S Copyright Office U.S Court of Appeals, file sharing cases U.S Defense Department U.S Department of Education U.S Department of Labor U.S Patent and Trademark Office (USPTO) patent searches trademarks U.S Supreme Court Children’s Internet Protection Act citations copyrights due process fair use and parody file sharing cases Ford, Gerald, autobiography of Internet use policies Reid case sexual harassment Sony case Tasini case trademarks work for hire doctrine USA PATRIOT Act See PATRIOT Act “use it or lose it” trademarks utility patents Vacwell case Victoria’s Secret cast video cassette recorders (VCRs) copyright violations and violence, threats of Virginia Bar Association guidelines regarding reference questions void ab initio volume numbers in legal citations Walker, Margaret warnings related to copyrights waterbeds and patents Watkins, Sherron Websites: distance education See distance education and copyrights licenses to use products of intellectual property restriction See Internet use policies support trademarks, Website linking and framing Uniform Computer Information Transactions Act See also Internet Wengert, Robert Whyte case Wilder, Thornton Wind Done Gone wiretap provisions, PATRIOT Act Wood, Don work for hire doctrine answer materials for tests atlases audiovisual work on college campuses commissioned works compilations contributions to collective works independent contractors instructional texts maps motion pictures Reid case supplementary works TEACH Act tests translations workplace considerations See employment and workplace law World Intellectual Property Organization (WIPO) World Wide Web See Websites Wright, Richard written contracts Statute of Frauds wrongful termination of employment See employment and workplace law About the Author Bryan M Carson is an associate professor and Coordinator of Reference & Instructional Services at Western Kentucky University Libraries He received his B.A degree in economics from Adrian College, J.D degree from the University of Toledo, and M.I.L.S degree from the University of Michigan He is currently working on a doctorate in higher education leadership and policy at Vanderbilt University’s Peabody College for Teachers Bryan is a member of the Kentucky and Ohio bars He has written extensively about intellectual property, access to information, and legal issues relating to libraries, and has spoken at numerous state and regional conferences He writes a popular column, “Legally Speaking,” for the journal Against the Grain Bryan has also taught classes for the Library Media Education (school media) master’s degree program at Western Kentucky University Bryan is a member of the Kentucky Bar Association, the Louisville Bar Association, the Warren County Bar Association, the American Library Association, the Reference & User Services Association (co-chair, Access to Information Committee), the Library Administration & Management Association (former chair, Public Relations & Marketing Section Governmental Advocacy Skills Committee; member, Education & Training Committee), the Kentucky Library Association (former chair, Library Instruction Roundtable), the Kentucky SOLINET Users Group (former chair), and the American Intellectual Property Association .. .The Law of Libraries and Archives The Law of Libraries and Archives Bryan M Carson SCARECROW PRESS, INC Published in the United States of America by Scarecrow Press, Inc... The idea is that, after you have read this book, you will not only understand the rules, but you will also understand why the law is fashioned the way it is Being able to understand the reasons for the law will help libraries and archives to run in a more efficient... the law, on the other hand, it is the policy and the history behind the rule that is more important than the rule itself In the law, rules are flexible enough to apply to each particular set of facts

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  • Cover

  • Half title

  • Title

  • Copyright

  • Dedication

  • Contents

  • Expanded Table of Contents

  • Acknowledgments

  • Chapter 1 Libraries and the U.S. Legal System

    • Chapter 2. Contracts: A Meeting of Minds

    • Chapter 3. Copyright and Patent Law

    • Chapter 4. Fair Use and Intellectual Property Rights: The Basics of Using Information Legally

    • Chapter 5. Copyright and Education

    • Chapter 6. Trademark and Trade Secret Law

    • Chapter 7. Licensing of Intellectual Property

    • Chapter 8. Information Malpractice, Professionalism, and the Unauthorized Practice of Law and Medicine

    • Chapter 9. Search Warrants, Investigations, Library Records, and Privacy

    • Chapter 10. Internet Use Policies and the Filtering Debate

    • Chapter 11. Employment and Workplace Law

    • Chapter 12. Forming a Nonprofit Organization

    • Supplemental Materials on Website

    • How to Read a Legal Citation

    • Table 1.1. Reporters Containing State Court Cases

    • Table 1.2. Reporters Containing Federal Court Cases

    • Table 1.3. Sets Containing Federal Statutes and Regulations

    • Table 1.4. Encyclopedias, Digests, and Annotations

    • Conclusion

  • Chapter 2 Contracts: A Meeting of the Minds

    • Definition of a Contract

    • A Offers

    • B Acceptance, Rejection, and Counter-Offers

    • C The Concepts of Consideration and Reliance

    • D The Statute of Frauds

    • Governmental Contracts

    • Legal Damages for Breach of Contract

    • A Compensatory Damages

    • B Punitive Damages

    • C Consequential Damages

    • D Liquidated Damages

    • E Promissory Estoppel

    • Equitable Damages

    • A Injunctions and Specific Performance

    • B Reformation of Contracts

    • C Quasi-contractual Remedies

    • Illegal Contracts and Agreements Against Public Policy

    • Conclusion

  • Chapter 3 Copyright and Patent Law

    • Copyright Law

    • A Derivative Works

    • B International Protection for Copyright Law

    • C Fair Use

    • Infringement of Copyright

    • A Remedies for Copyright Infringement

    • B Actual Damages and Statutory Damages

    • C The Sony Case

    • D The File-Sharing Cases

    • The Work for Hire Doctrine

    • A Employees versus Independent Contractors: The Reid Case

    • B Statutory Categories and Work for Hire Agreements

    • Figure 3.1. Copyright Assignment Clause

    • C Work for Hire on the College Campus

    • Exceptions to Copyright Law for Libraries and Archives

    • Figure 3.2. Copyright Notice for Libraries

    • Duration of Copyright

    • Table 3.1. Duration of Copyright

    • The U.S. Patent System

    • Conclusion

  • Chapter 4 Fair Use and Intellectual Property Rights: The Basics of Using Information Legally

    • What Is Fair Use?

    • A The Nature of the Use

    • B The Nature of the Copyrighted Work

    • C Amount Used, Substantiality, and Effect on Potential Market

    • D Can an Artist Plagiarize Himself? The Case of John Fogerty

    • Fair Use and the Constitution: A First Amendment Right?

    • Fair Use and the Common Law of Copyrights

    • A State Common Law, Federal Copyright, and the Question of Pre-Emption

    • B Common Law Copyright and the Fair Use Doctrine

    • C Copyright Law and Unfixed Works

    • D Unpublished Manuscripts

    • Conclusion

  • Chapter 5 Copyright and Education

    • What Can You Do in a Classroom or Library?

    • A Copyright and E-Reserves

    • Distance Education and Copyright Law

    • A The 1976 Copyright Act and Distance Education

    • B The TEACH Act and Transmission of Performances

    • C What the TEACH Act Covers

    • Figure 5.1. Copyright Notice for Online Class

    • Conclusion

  • Chapter 6 Trademark and Trade Secret Law

    • Trademark Law

    • A Dilution of Trademarks

    • B Palming and Reverse Palming

    • C The Dastar Case and the Relationship between Trademark and Copyright

    • Trademarks, Domain Names, and Cybersquatting

    • Internet Linking and Framing in Copyright and Trademark Law

    • A Copying, Displaying, and Transmitting Files

    • B Copyright and Trademark Issues with Deep Linking and Framing

    • C Other Legal Issues with Linking and Framing

    • Trade Secrets

    • A The Case of the “Ancient Family Secret!”

    • B Reasonable Efforts to Maintain Secrecy

    • C Legal and Equitable Remedies for Trade Secrets

    • D Librarian Confidentiality and Trade Secret Law

    • Conclusion

  • Chapter 7 Licensing of Intellectual Property

    • The Uniform Computer Information Transactions Act and the Attempt to Create a Special Law of Licensing

    • A What Is UCITA?

    • B Objections to UCC2B and the Withdrawal of the American Law Institute

    • C UCITA Rises from the Ashes

    • D Objections to UCITA

    • Licensing Freelance Articles for Databases: The Case of Tasini v. New York Times

    • A Tasini in the Supreme Court

    • The Process of Getting Permission

    • Conclusion

  • Chapter 8 Information Malpractice, Professionalism, and the Unauthorized Practice of Law and Medicine

    • Avoiding the Unauthorized Practice of Law and Medicine

    • A What Kinds of Assistance May Librarians Provide?

    • B The Virginia Bar Association Weighs In

    • C How to Keep Out of Trouble

    • D The Library Profession’s Ethical Code

    • Does Information Malpractice Exist?

    • A What Is a Professional?

    • B Defining the Information Professional’s Duty of Care to Patrons

    • Conclusion

  • Chapter 9 Search Warrants, Investigations, Library Records, and Privacy

    • The Basics of Search Warrants for Libraries and Archives

    • A The FBI Library Awareness Program

    • B The Fourth Amendment and Search Warrants

    • C Probable Cause

    • D Particularity

    • E Due Process in the Library Setting

    • State Privacy Laws for Libraries and Archives

    • A What Type of Library Is Covered?

    • B What Type of Information Is Private?

    • C What Types of Information May Be Disclosed?

    • D Privileged Communication for Libraries in Georgia and New York

    • E Kentucky, Hawaii, and the Attorney General Opinions

    • The USA PATRIOT Act

    • A The FISA Court

    • B Pen Register and Wiretap Provisions of the PATRIOT Act

    • C The Standard for Search Warrants in Section 215

    • D Section 505 and National Security Letters

    • E The Nondisclosure Provisions of the PATRIOT Act

    • F How to Handle a Law Enforcement Visit

    • G Renewal of the PATRIOT Act

    • Patron Confidentiality and Duty to Society: An Ethical Quandary

    • A The Ethical Background

    • B The Suicidal Patron

    • C The Immediate Threat of Physical Violence

    • Conclusion

    • Table 9.1. Sources of State and Territorial Library Privacy Laws

    • Table 9.2. Types of Library Materials Protected by State and Territorial Privacy Laws

    • Notes for Table 9.1 and Table 9.2

  • Chapter 10 Internet Use Policies and the Filtering Debate

    • The CIPA District Court Decision

    • The CIPA Plurality Ruling by the U.S. Supreme Court

    • A Chief Justice Rehnquist’s Opinion

    • B Justice Breyer’s Concurring Opinion

    • C Justice Kennedy’s Concurring Opinion

    • D Justice Stevens’ Dissent

    • E Justice Souter’s Dissent

    • Reviewing Internet Use Policies

    • Necessary Resources Discussing Internet Use Policies

    • Conclusion

  • Chapter 11 Employment and Workplace Law

    • Agency Law

    • The Employment Relationship

    • A Employee or Independent Contractor?

    • B Employment-at-Will and Employment Contracts

    • C Terminating an Employee

    • Figure 11.1. Sample Letter of Warning for an Employee

    • D Labor Unions and Collective Bargaining

    • E The Fair Labor Standards Act (FLSA)

    • F Child Labor Laws under the FLSA

    • G Hiring New Workers

    • Figure 11.2. Sample Advertisement for Job Opening

    • H Drug Testing in the Workplace

    • I Discrimination and Harassment

    • J The Americans with Disabilities Act

    • K The Family and Medical Leave Act

    • Conclusion

    • Table 11.1. Inappropriate and Appropriate Uses of Personal Questions

  • Chapter 12 Forming a Nonprofit Organization

    • Forming a Mission Statement and Selecting a Board

    • Creating the Governing Documents

    • A Articles of Incorporation

    • B Creating Bylaws

    • C Ethics for Board Members

    • D The Sarbanes-Oxley Act and Nonprofits

    • Obtaining and Maintaining Tax-Exempt Status

    • Table 12.1. Limits for 26 U.S.C. 501(h) and 26 U.S.C. 4911(c)(2)

    • Conclusion

  • Notes

  • Index

  • About the Author

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