Our recent post to the Western New York Library Resource Council’s “Ask the Lawyer” service is about respecting librarians’ role on the front lines of copyright. An excerpt is below; find the rest here.
We are finding that librarians within larger institutions (like colleges and museums) are the go-to resource for copyright questions, which could also include institutional copyright concerns. What should a librarian do if the "question" they are presented with is really an allegation of copyright infringement?
WNYLRC ATTORNEY’S RESPONSE
“Ask The Lawyer” has touched on this topic a bit before. In our a 9/19/17 RAQ post “Skating the Line Between Helpful Information and Legal Advice,” we discussed the risks posed when patrons and co-workers confuse the helpful attitude and boundless information provided by librarians with legal services.
The bottom line from that guidance was:
When [asked for legal advice], librarians must emphasize the boundary between good service and legal advice. Here is a formula for that:
I [the librarian] provide access to library materials based on the law and policy of my profession and institution; you [the user] should consult your own attorney regarding any legal concerns about your use of the materials being provided.
The current question takes this issue one step further: what if, when asked to play this front-lines role, the librarian is alerted to a potential claim of infringement against their institution?