So, What's the Deal with Fair Use?

In California Universal Music argued in federal court that takedown notices for immediate removal of videos infringing on copyright on sharing websites do not need to take into account fair use protection policies. Fair use allows for limited parts of copyrighted items to be used without gaining the owner’s permission. However, the Digital Millennium Copyright Act necessitates the immediate removal of any item that a rights holder says is infringing on their copy rights. On the other hand, the publisher or uploader can demand its return under fair use.

The lawsuit that brought on Universal Music’s strong position was regarding a video posted by a Pennsylvanian woman in which her child sings a short clip of a Prince song. The video was taken down when Universal claimed copyright infringement but it was put back online following Universal’s lack of challenge to fair use considerations.

Fair use. Copyright. It is all so interesting and so very important to libraries. As I am in Collection Management this summer, we have discussed copyright issues. There are many things that librarians need to be aware of regarding copyright. But mostly, librarians need a general overall understanding of what is protected by copyright and what is okay for the library to do.

Fair use is a complicated aspect of copyright, especially when paired with digital materials. Some key factors of fair use protection include the length of the original used, the purpose, and the market for the product. I do not believe that librarians need to be copyright lawyers, but each librarian should be able to help patrons discern between copyrighted and acceptable content. Also librarians need to be aware of the laws in order to not accidently infringe on copyright themselves.

The Digital Millennium Copyright Act was created to help protect the rights of those in the digital production arena. But it requires the removal of material with any claim of copyright infringement, despite fair use. Even though material can be re-posted online, I find this aspect of the law very interesting and odd.

As a librarian, I want to be extremely familiar with fair use policies because to the greatest extent possible, I want to provide access to information for my patrons. This access will almost always include copyrighted materials. However, by being familiar with fair use policies, I can help patrons get the greatest access without infringing on copyright. I think that librarians have not yet decided what they want more: to be defenders of copyright or to be providers of access. Personally, I want my primary concern to be equal access of information.

Kravets, David. “Universal Says DMCA Takedown Notices Can Ignore ‘Fair Use.’” Wired.com. (18 July 2008). 20 July 2008. <http://blog.wired.com/27bstroke6/2008/07/universal-says.html>

Google Maps is the Best

Google Maps is expanding on their direction giving searches. Now in addition to their driving directions, which need to take one way streets and other such things into account, Google is offering walking directions. These directions will be pedestrian oriented, providing the most direct path from one place to the next for the walking person. This means that Google Maps will not need to send people around the block to avoid one way streets when they are walking.

However, there are a few glitches in the system. Walking routes recommended by Google Maps may not always have sidewalks. Also if pedestrian paths are not within the Google system, these may not be considered as the most direct route. Google is seeking to add more of these pedestrian pathways into its database over time. Currently the system is in beta and Google encourages its users to be cautious because problems like this are possible.

When I consider the information specialist side of my future MLIS degree, I think of Google. Google would be a wonderful place for a librarian and/or information specialist to work. Projects such as this Google Maps expansion would be great to work on. Coordinating people to determine the best walking routes from point ‘A’ to point ‘B’ and using the information in the database is an organizational dream for librarians. Google is in need of better information regarding their walking paths, librarians are gatherers of information. I think that Google and librarians are just a great fit.

Outside of working for Google, librarians would benefit from making sure the directions to the library, both walking and driving are accurate. Public libraries can get extensive foot traffic and of course libraries want people to arrive at their destination. Google Maps may be used to the library’s advantage on the library website. Links could be created for walking and driving directions to the building. Of course, this website feature would greatly depend on the size of the city. I do not believe that my 1000 person hometown would need a Google Maps direction link on its non-existent website. But the Iowa City, and even the Coralville and North Liberty libraries could benefit from a similar feature. I can especially see Iowa City Public Library benefiting due to its location on the Pedestrian Mall. I am sure that other libraries across the country are more accessible through pedestrian or walking paths than by driving. These are the types of libraries that could benefit from Google Maps’ new beta database.

DuVander, Adam. “Google Maps Gets More Pedestrian.” Webmonkey.com. (22 July 2008). 22 July 2008. <http://www.webmonkey.com/blog/Google_Maps_Gets_More_Pedestrian>

Patron Privacy Protection Policies (say that five times fast)

Privacy legislation is creating a buzz in Washington. While no one anticipates a privacy bill being passed this close to the presidential election, momentum is building for a comprehensive privacy policy that could be pushed in Congress as early as 2009. Several companies, including the Center for Democracy and Technology (CDT), Google, and Microsoft, are advocating for comprehensive privacy legislation to establish the rules business handling personal information.

Though a privacy policy has been a long standing interest to CDT, several privacy concerns have been raised recently to increase awareness on the subject. Advertising strategies and deals that companies are employing are raising concerns, including Google’s purchase of DoubleClick the online advertising network. Also, NebuAd has been drawing attention for its tracking of broadband users and supplying of more targeted advertisements. The National Security Agency’s surveillance program is raising privacy issues as well. Another issue is maintaining privacy with electronic health information records. All of these privacy areas are disconcerting and would be considered with comprehensive privacy legislation.

A hearing regarding NebuAd’s business policies was held. Their targeted ad service for broadband users could be opted out of, but only if a user did that. Other advertising issues were debated beyond NebuAd’s techniques regarding whether or not these other methods invaded privacy. Chavez from Google stated that Google wants legislation that will create strong penalties for companies that violate users’ privacy.

Protecting patrons’ privacy is such an important aspect of librarianship. Any privacy legislation that might be passed would be extremely necessary for librarians to study and understand. Librarians can be great advocates for privacy protection: within their library, on the state level, and even on the national level. If a privacy bill is being considered, I would like to see librarians lobbying for wording that protects people the most and on the widest scale.

The National Security Agency’s surveillance program may have direct affect on libraries. If a suspected terrorist is using library computers to communicate with others, or someone is using the library computers to contact a suspected terrorist, librarians may be required to turn over computer logs and other information. However, the extension to the program passed, giving the courts a greater ability to oversee the program.

Patron privacy should be given the highest consideration in the library. As librarians, we should seek to provide equal, confidential access to our patrons. Comprehensive privacy legislation may help us to do that. It is certainly something worth keeping an eye on.

Gross, Grant. “Momentum Building for US Privacy Policy.” PCWorld.com. (22 July 2008). 22 July 2008. <http://www.pcworld.com/businesscenter/article/148771/momentum_building_for_us_privacy_policy.html >