Fair Use poster image by Timothy Vollmer
The Library of Congress just released its 181 page report “The State of Recorded Sound Preservation in the United States: A National Legacy at Risk in the Digital Age” talking about the challenges of digitally archiving sound recording. BoingBoing gives a nice summary “[T]he copyright laws that the recording industry demanded are so onerous that libraries inevitably have to choose whether to be law-breakers or whether to abandon their duty to preserve and archive audio.” More analysis from OSNews.
And if anyone’s wondering where I’ve been this week, the answer is “Mired in getting copyright permissions for the intellectual property in my book. Thanks for asking.” I have a pretty firm grasp of Fair Use and have been trying to follow the guidelines for Fair Use in Media Literacy Education. I signed a book contract that specifically says that I am responsible for assuring that my materials are being used with permission. Despite this, my publisher (who I am quite fond of otherwise) is risk-averse and wants to make sure I have permission anyhow. Permission that I assert that I don’t need for small screenshots of, say, Google search results or an ALA nested menu.
This gets even more confusing when some of the organizations involved claim that I need permission when I don’t. Since Fair Use, like the Americans with Disabilities Act, is mostly something that gets hammered out through litigation there is no strict set of guidelines as to what Fair Use is. So, big companies with a lot to lose err on the side of compliance with other big companies’ requests, requests that may be extralegal. So Google can’t legally tell you to only use the public domain offerings from Google Books (which they admit) but they make a polite request, a polite request that sounds a lot like a terms of service.
So right now I’m waiting to hear back from Facebook after filling out a form on their website asking for permission to use a screenshot. They say it will take 1-2 weeks. I am confident that my screenshot is fair use. My editor also thinks it is fair use. However they’re not willing to risk it. And so we wait.
Library student Joshua Kitlas interviewed LoC reference librarian Thomas Mann for one of his classes at Syracuse. I am a Mann Fan, so it was fun to get to read this.
“The profession is radically getting dumbed down. There is so much more to search than Google or OCLC. You need to see relationships between subjects and their headings. Tags by users are simply no substitute. Theyâ€™re okay as supplements to controlled vocabularies–but not substitutes. Thereâ€™s a need to go beyond the internet and look at the systems librarians and publishers have developed that are not accessible by Google or the other engines.”
The ACLU filed a lawsuit agains the Library of Congress for terminating a CRS Assistant Director for writing a letter to the editor for the Washington post and an opinion piece for the Wall Street Journal. Colonel Morris D. Davis was, prior to his CRS position, responsible for the prosecution of suspected terrorists held at GuantaÌnamo Bay.
62. Because of his former position as the Chief Prosecutor for the military commissions, Col. Davis is regularly asked to comment on GuantaÌnamo and the military commissions system. Col. Davis believes he has a unique perspective to add to this debate, and he would like to convey his insights and opinions to the public. Since he was informed that he was being terminated by CRS, however, Col. Davis has declined numerous opportunities to speak publicly about military commissions issues out of fear that he could be subject to further retaliation by the Library and [CRS Director Daniel] Mulhollan.
63. The decision to terminate Col. Davis for his speech has intimidated and chilled other CRS employees from speaking and writing in public. CRS employees are confused, uncertain, and fearful about what outside speaking and writing is permissible.
64. As a result of the Libraryâ€™s and Mr. Mulhollanâ€™s actions, Col. Davis has suffered, and/or will suffer, both economic and non-economic losses, emotional distress, and other compensable damages.
Shorpy is a great source for old photographs. They often get them from sources like the Library of Congress which is where this photo of the New Cannan public library in 1953 came from. You can also see the original set of photos over at the Library of Congress [did not see this one over at their Flickr photostream]. The big add that Shorpy’s has, however, is the community. It’s not just a photo of a library, it’s also people commenting about their memories of the library including where else they’ve seen that certain floor tile [fun fact: it’s also the tile that’s in my bathroom as near as I can tell] [thanks mike]
I just became a fan of the Library of Congress on Facebook. They seem to be using facebook in a prety normal way, highlighting events, adding a few photos. If you want to find other ways to be social with LoC, check out this post on Resource Shelf. I’ve always felt their YouTube channel was pretty nice.