update on the GPO snafu

This was a happy announcement/email to come back to. The following was quoted from ALACOUN, the ALA Council listserv.

As you know, on July 22, 2004, a notice was posted to FDLP-L advising depository libraries that the Department of Justice had requested the withdrawal of five publications that were intended for internal use only.

In response to the Government Printing Office’s further inquiry into this matter, the Department of Justice has requested that I advise depository libraries to disregard the previous instructions to withdraw these publications. In making this request, the Department of Justice said, although these materials were “intended only for the internal training use of Department of Justice personnel and, as such, were inappropriately distributed to depository libraries through an administrative oversight,” the Department has determined that these materials are “not sufficiently sensitive to require removal from the depository library system.”

Since 1995, GPO has issued recall letters for 20 publications at the request of the publishing agencies. Seven of these publications were recalled because they were for official use or internal use only, as occurred in this instance.

Both GPO and the Department of Justice regret any inconvenience resulting from the initial request for withdrawal.

Judy Russell

Judith C. Russell (jrussell@gpo.gov)
Managing Director, Information Dissemination (Superintendent of Documents)
U.S. Government Printing Office
Phone: 202-512-0571
Fax: 202-512-1434

libraries accentuating the digital divide?

The People’s Library Army

[D]ue to recent legislation and court decisions, libraries have been forced to take steps which restrict, and sometimes monitor, the information available to library patrons via the Internet. As a result, fewer and fewer public libraries in the United States are allowed to offer free and equal access to information to their patrons. State and federal legislation as well as bureaucratic procedural decisions have firmly entrenched the perpetuation of the Digital Divide as the great un-sung reality of public library services in the United States today. Instead of hanging their heads in shame at these developments in librarianship, some librarians continue to deceive their patrons and to applaud these reprehensible decisions. The purpose of this web site is to provide everyone interested in these developments with information about such things as the Patriot Act and CIPA and the implications they have for services to library patrons.

the chilling effect of librarians

One of the interesting side effects of bad policy like the USA PATRIOT Act and counterintuitive copyright laws, just to name a few, is that people have a tendency to be self-policing in the absence of any real hard facts on how the laws are implemented, “fair use” laws in particular. Oftentimes people, in the absence of solid legal counsel, will be over-cautionary just to avoid being on the receiving end of a lawsuit. Librarians need to make sure that they are not being cowed by nebulous copyright boogeymen and instead advocating for fair use rights for their collections and for their patrons. That’s what access is all about. So says the MLA, the other MLA, AALL and many more.

Section 504(c)(2) of the Copyright Act provides special protection to nonprofit libraries, educational institutions and their employees. When we act in good faith, reasonably believing that our actions are fair use, in the unlikely event we are actually sued over a use, we will not have to pay statutory damages even if a court finds that we were wrong. This demonstrates Congressional acknowledgement of the importance of fair use and the importance of our using it!