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Legal Issues LEGAL ISSUES Section Editors: Bruce Strauch (The Citadel) <[email protected]> Jack Montgomery (Western Kentucky University) <[email protected]> Legally Speaking — Librarians, Publishers, and Educators Help out During the Coronavirus Pandemic by Anthony Paganelli (Western Kentucky University) <[email protected]> s a light spring rain falls, I am Samaritans are contributing to aiding those es online or as they distributed printed currently writing this column in need and others are helping the best way copies to students without computers or Ain my home while my wife is that they possibly can. Internet access. Some librarians have conducting a Zoom meeting with her provided information via email, telephone, It was a very difficult situation. Natu- colleagues, and the children are doing video conferencing, websites, and through rally, humans want to be helpful, but when school work on their devices. I joked blogs. The University of Florida has you are told that you could do more harm with them that their new at home school is even created a Coronavirus Library Guide by reaching out and helping, it becomes called the “School of Constant Sorrow.” that has provided information for faculty frustrating and depressing when you can’t. Of course, I thought it was funny, but they regarding copyright as they transitioned However, we are all doing the best we can just rolled their eyes. Now it is called, the their course assignments online. This is a through the knowledge and experiences “Paganelli Learning Academy.” major way librarians are assisting teachers that each of us possess. For instance, and students. While we are practicing “social dis- businesses are adapting to continue to pro- tancing” during this global pandemic, I vide goods and services, manufactures are Librarians’ Statement realized that we are witnessing an histor- changing their production lines to produce A statement was released on March 13, ical moment. I can honestly say, I have medical equipment and supplies, and more 2020 by a group of academic librarians, never witnessed such mass closures and people are thinking of other ways to con- public librarians, and library administra- uncertainty in our communities, nor have tribute, such as people using their sewing tors that provided information regarding I ever heard of “social distancing” until machines to produce masks. fair use and emergency remote teaching March 2020. We have even encouraged and research. The authors noted that copy- our children to periodically write in a It has been good to see people coming right restrictions do not go away because journal about their experiences, so they together and helping in the best way that of “a public health crisis.” The statement can share them with others in the future. they can. While librarians may not be able contends that the copyright law was creat- This time has truly been frightening to to physically reach out to our communities ed to help in this type of emergency based encounter and endure. due to the restrictions, we have sprung into on the constitution’s goal “to promote the The coronavirus or COVID-19 pan- action with our experience and wisdom. As librarians, we have many roles that Progress of Science and the useful Arts,” demic is causing thousands of the deaths which is through Fair Use. across the world, healthcare systems are have been helpful to others during the stretched far beyond their capacities, it pandemic. The most notable way librar- Librarians were able to provide infor- is crippling national economies, causing ians are helping are providing resources mation for teachers about the relief from chaos amongst the masses, the sports and to teachers and students. Millions of copyright resources, which are provided entertainment industry students across the world through the U.S. Code 17 § 108 Limita- is taking a hiatus, are studying at home. tions on Exclusive Rights: Reproduction and social interac- In the United States, by Libraries and Museums and U.S. Code tions are changing teachers worked dili- 17 § 107 Limitations on Exclusive Rights: rapidly. And during gently and swiftly to Fair Use. Section 107 is the most import- this time, the world adjust their learning ant section for educators based on “the is watching and outcomes and means purpose and character of use,” which is praising health care of instruction to meet for non-profit educational purposes. workers who are battling the new “Non-Tradi- As the authors of the statement noted, the virus on the frontlines. tional Instructional” “It is evident that making materials avail- They are risking their lives and initiative. In order able and accessible to students in this time sacrificing time away from their loved to help provide these resources to their of crisis will almost always be fair use. ones, as well as witnessing the devastation students, librarians stepped up to assist. As long as we are being thoughtful in our that the virus leaves. Thousands of first Numerous librarians have reached out analysis and limiting our activities to the responders are also placing themselves in to teachers and faculty to best assist them specific needs of our patrons during this harm’s way to help others. Several good as they transitioned their learning resourc- continued on page 46 Against the Grain / April 2020 <http://www.against-the-grain.com> 45 In an effort to provide research in- and advocated for the heritage of the Legally Speaking formation for Coronavirus researchers region’s culture. from page 45 and other similar research interests, Taylor & Francis Group has created the Future of Copyright in time of crisis, copyright law supports our “COVID-19: Novel Coronavirus Content a Public Crisis uses.” The statement also included a link Free to Access” site.” According to the The pandemic continues to cause to resources for fair use and emergency site, “Taylor & Francis is committed thousands of deaths and is devastating remote teaching and research materials. to helping public health authorities, national economies. People are changing The statement concluded with infor- researchers, clinicians and the general the way we are interacting with each other, mation for copyright holders. The authors public contain and manage the spread of especially as we communicate through noted that the statement was in support the COVID-19.” The site “provides links Zoom and other devices. While most of copyright laws, but the statement also and references to all relevant COVID-19 people can’t physically help, librarians, mentioned the extreme situation and research articles, book chapters and infor- educators, publishers, researchers, and pressure educators endured transitioning mation that can be freely accessed.” The even museum security guards are work- materials and resources to their students company is also working with editors, ing diligently to provide resources and due to the pandemic. Further information peer-reviewers, and researchers to ensure materials to students and our community highlighted other resources for educators the information is prioritized. during this pandemic. to seek, such as resources that were in Museums Adapting The librarians’ statement regarding fair public domain and already licensed online use during a public health crisis brings content. The American Alliance of Museums an issue to the foreground. While the Publishers Offer Relief has also provided information for the pub- statement and the code itself is reassuring lic and those in the museums profession that people receive sufficient resources As librarians offered assistance, pub- with resources and information regarding for educational purpose during times lishers began to offer some relief for edu- the coronavirus that included educating of hardship, the situation does raise the cators and book sellers. The Association the public on COVID-19 and preparing question of how to best handle copyright of American Publishers released a list of for closures. The museums quickly issues during a public health crisis. In education publishers that were providing realized the need to provide and engage other words, should there be an addition or support for students and educators during their audiences through digital means as revision to the U.S. Code § 107 to provide this pandemic. Many of the publishers the museums were being closed across exemptions on copyrighted materials for issued statements and guidelines for fair the nation. educational purposes during a crisis. use and offered benefits for librarians, educators, and students for the remainder Same as libraries and publishers, the Fair use is an important part of U.S. museums have begun to provide resources of the spring term. copyright law and it does provide some for the public via online platforms, such as relief for educational purposes. Yet, For example, Cambridge University websites and social media. The American fair use is a difficult law to assess. El- Press has offered free online access to Alliance of Museums provided muse- kin-Koren and Fischman-Afori (2017) their higher educational textbooks. K-12 ums four best options to engage patrons stated, “Applying the four factors of fair institutions are also receiving some relief remotely, which were social media cam- use involves complex analysis, which from Cengage’s National Geographic paigns, virtual streaming, virtual tours, may lead to unpredictable outcomes, thus learning platforms and eBooks. and through artificial reality. For instance, failing to offer sufficient guidance to users MacMillan Learning are offering people can take a virtual tour of the USS on whether a particular use is permissible. college professors that had adapted their Constitution through the USS Constitu- Some users, especially risk-averse users print books to receive free access to their tion Museum’s Facebook page, as well such as libraries or schools, may choose online learning platforms for the remain- as a virtual tour of the Metropolitan Art to avoid certain uses which are otherwise der of the term.
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