Legal Issues

Library Suffers in 'Overdue' Scam

The first call for Solano County (CA) residents who receive calls about overdue library books should be to the police, law enforcement officials said this week. Lt. Gary Faulkner of the Solano County Sheriff's Department warned Thursday that a scam operation could be underway in the county after a resident received a call demanding payment from someone who claimed to be from a collection agency.

The male caller told the resident she owed money to her local library and demanded payment over the phone by credit card, claiming the collection agency had a special arrangement with the library to collect the outstanding funds, Faulkner said.

But Cary Duffy Swarz, the county's assistant director of library services, said that while the library may call people who owe more than $50, county libraries do not accept payments over the phone or by any kind of electronic transfer, the sheriff's department said.

Why the Supremes Will Consider Costco v. Omega

At first blush, Costco Wholesale Corp v. Omega, S.A., which the U.S. Supreme Court last week agreed to hear, doesn't involve the kind of cutting-edge issues that copyright lawyers usually grapple with in the digital age. So why is the Court willing to consider a dispute between a company that makes fancy watches and a company that imports and resells them? It sounds like the kind of lawsuit that should have been resolved 200 years ago.

What's at stake in these disputes is the ability of resellers large (Costco) and small (Liu) to offer legitimate, non-pirated versions of copyrighted goods to U.S. consumers at prices that undercut those charged by the copyright holders—something that's possible thanks to the robust secondary markets provided by major Internet retailers such as eBay and Amazon.

Full story

When can educators make recordings of kids' books?

One of our teachers received a grant to buy iPods to record her reading children’s books. She plans to share the recordings with her students so they can follow along with the stories. Although audio versions of the books can be purchased from iTunes, is this a fair use?

Question and answer here

Amazon Sues North Carolina

Amazon has filed a lawsuit in federal court in Seattle against the North Carolina Department of Revenue charging that its demand that Amazon turnover the names and addresses of all residents who bought anything from the e-tailer since 2003 is an invasion of privacy and a violation of the First Amendment. The request by North Carolina is part of that state's efforts to collect sales tax on items purchased by North Carolina residents from Amazon. In the complaint, Amazon also said North Carolina is demanding it turnover records of what each customer purchased and how much they paid.

When North Carolina first announced its plans to collect sales tax from online retailers, Amazon closed down the affiliates program in the state, arguing that without that program the state had no nexus to collect sales tax.

Publishers Weekly reports.

Copyright information is busting out all over

Copyright information is busting out all over... John Mark Ockerbloom: Like the crocuses and daffodils now coming up all over our front garden, new copyright registration information has been popping up all over the net lately. As I’ve described in various previous posts, this information can be extremely useful for folks who want to revive, disseminate, or reuse works from the past.

Visual Artists to Sue Google Over Vast Library Project

Visual Artists to Sue Google Over Vast Library Project As Google awaits approval of a controversial settlement with authors and book publishers, the company’s plan to create an immense digital library and bookstore may face yet another hurdle.
THanks to Bruce for the link!

Littleton fires judge who issued warrant for overdue DVD

Littleton fires judge who issued warrant for overdue DVD
The City Council fired longtime Municipal Judge James Kimmel on Tuesday night after he issued an arrest warrant for a teenager who had an overdue $30 DVD from a local library.

Council members had offered Kimmel a chance to resign and receive a severance package. But when he refused, they said they had little choice but to let him go.

"I'm disappointed and saddened the situation has reached this stage," Councilman Bruce Stahlman said.

Read more:

Former law librarian sues W.Va. Supreme Court

Former law librarian sues W.Va. Supreme Court
A former Cabell County Circuit Court law librarian has filed a federal racial discrimination lawsuit against the state Supreme Court. Elsibeth McCoy's suit also names the Cabell County Courthouse's administration. McCoy says in her civil complaint that she was harassed because of her race and in retaliation for complaining about nepotism in the court system.

Secret Meetings Over Trade Agreement Cause Stir

There's a reason you don't hear much about international trade agreements. They are kind of dull, and they're usually not very controversial. But the Anti-Counterfeiting Trade Agreement (ACTA) is different.

"One feels that you're almost in a bit of a twilight zone," says Michael Geist, a law professor at the University of Ottawa. "I mean, we're talking about a copyright treaty. And it's being treated as akin to nuclear secrets."

Full story at NPR - audio available 7pm et

Call to Action: Save State Funding for Florida's Public Libraries

On March 10, 2010 appropriations committees in the Florida House and Senate adopted positions eliminating all funding for Florida’s State Aid to Public Libraries program.

We are now looking for Volunteers to protest at the Florida State Capitol Building, 400 South Monroe Street in Tallahassee on Tuesday March 16, 2010. If you are interested in holding a sign in protest of the State Aid to Libraries being reduced to zero dollars please contact me at systemslibrarian@gmail.com.

On Tuesday the Committee (see below) that is in charge of determining library funding will meet. Meet them prepared with your picket signs!

Transportation & Economic Development Appropriations Committee
March 16, 2010 at the Morris Hall (17 HOB) 2:15 PM - 6:00 PM

Here's a Sample Picket Sign (Word 2007 Format)to download - Feel free to modify. Free Word 2007 Viewer

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