Legal Research : Law of Libraries and Archives

Knowing the laws affecting the librarians work is important, spacially with some issues, such as intellectual property, have been plagued by conflicting and confusing advice.

Bryan M. Carson, a working librarian with a law degree, published “The Law of Libraries and Archives”. This work of nearly 400 pages will look good on one’s basic reference shelf. Striving to make the law understandable for non-lawyers, Carson reviews contracts, copyright and patent and trademark law, Fair Use and intellectual property, copyright issues in the classroom, search warrants and library records, Internet use policies, and how to read a Legal Citation .

Every legal matter is given a nice review, with ample legal references to case law and legal scholarship. For example, when Carson considers Fair Use and intellectual property for unpublished manuscripts (pp. 100-105), he provides a useful description of the Copyright Act, reviews the appropriate definitions, and then describes landmark cases (such as the J.D. Salinger case where Salinger manuscripts donated to libraries could not be quoted from because Salinger did not give up his intellectual property and the Richard Wright case where the manuscripts had been sold and, as a result, copyright assigned over to the archival repository). In such discussions, Carson is clear and concise in his analysis.

From time to time, Carson branches out and proposes some new directions or solutions to legal issues confronting archivists and librarians. Drawing on trade secret laws, Carson believes that these laws can be used by librarians and archivists “to help protect the confidentiality of our patron interactions” (p. 123). Carson writes, “I believe that trade secret law gives library [and archives] patrons an additional protection beyond that of professional ethics and state nondisclosure laws. My theory is that, under trade secret law, courts could enjoin libraries [and archives] from revealing patron information” (p. 156). I am not a lawyer, and I certainly don’t know how this will play out, but it is an intriguing proposal and reveals something of the value of the book.

Another interesting topic explored by Carson is the matter of “information malpractice,” tethering issues of professional ethics with that of legal concerns and considering the consequence of librarians offering legal and medical advice while still answering “directional and holdings questions” (p. 183). Carson explains that “we should not interpret information; rather, we should help patrons find appropriate tools, we should explain the use of these tools, and then we should get out of the way” (p. 187). While this is clearly different than the circumstances of most archivists, I wish Carson, here and elsewhere in the book, might have been more explicit in the differences archivists and librarians may find themselves in. Shortly after, for example, Carson does a nice job of explaining how archivists and librarians meet the legal definitions of professionals.

Throughout the book Carson discusses a topic by reviewing the relevant law, professional standards and ethics statements, and then tries to find practical stances for librarians (mostly) and archivists often where is conflict or confusion. When he weaves his way through the maze of laws, standards, and advice about access to library patron records, for example, Carson writes, “My solution is not something that comes from our professional associations, but rather from my background in law. What I would recommend is that librarians adopt the standard that psychologists, psychiatrists, clergy, and other professionals use. What a patient says to a counselor is confidential, but if the person is a danger to himself or others, the counselor has a duty to report this situation to the potential victim and to the appropriate authorities” (p. 238).

More resources from the companion website of the book:

• Citations to Materials on the Americans With Disabilities Act
• Required Format of Notice to Libraries and Archives of Normal Commercial Exploitation or Availability at Reasonable PricePolicies, Procedures, Resources, and Tutorials for Libraries
• State and Territorial Library Privacy Laws (Full Text)
• Sources of State and Territorial Library Privacy Laws
• List of types of Library Materials Protected by State and Territorial Privacy Laws
• Hawaii Attorney General Opinion on Library Privacy
• Kentucky Attorney General Opinions on Library Privacy
• Guidelines and Opinions on the Unauthorized Practice of Law
  • Virginia UPL Opinion 127, Provision of Legal Research Services
  • Virginia UPL Opinion 152, Public Law library Employees’ Provision of Information to the Public
  • Virginia UPL Opinion 161, Assistance Provided by Non-Lawyer Library Staff to Library Patrons
  • Reference and User Services Association Guidelines for Medical, Legal, and Business Response

Author: international

Mentioned in these Entries

Attorney General, Cataloging for legal materials, Fair Use, Law library, Legal Citation, Legal Research.