Category Archives: Legal

The guardians of precedent: A look into the history of law libraries

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If the law is a conversation stretching back centuries, then the law library is the collective memory holding every speaker’s words. It’s more than just a quiet room filled with books, it’s the physical, organized, embodiment of the rule of law. Without these dedicated repositories and the librarians who manage them, legal systems would collapse into chaos, losing the essential thread of precedent that provides stability and fairness. From ancient scrolls to digital databases, the story of the law library is the story of how society has endeavored to organize, preserve and apply justice.

Picture of books on shelf, courtesy of courtesy of Unsplash.com.

The need to organize legal thought is as old as the law itself. While we don’t think of early monasteries or royal archives as “law libraries,” they did serve as that crucial function. During the medieval period, the centers of learning were often religious institutions and it was here that texts like the Justinian Code (a collection of ancient Roman law) were preserved and studied.

Demand for organized legal collections grew with the rise of the “Common Law” system in England, beginning in the 12th Century. Common law is not based on legislative code but rather judicial decisions, the rulings of judges in previous cases. Common law judicial decisions create precedent that other judges and attorneys can look at to understand what a court ruling could and maybe should look like for particular situations, a practice called “stare decisis.” This system of relying on common law court precedent requires an organized and searchable repository of judicial decisions, a need met by law libraries.

As the legal profession matured, so did the libraries that supported it. When lawyers and judges came to early America, they brought with them the common law tradition and therefore, the immediate need for law libraries. Early American lawyers often had small private libraries that may have been the most complete collection for their areas. However, over time, as many new laws were enacted and more court decisions piled up, private collections were soon not enough. The law needed to be publicly accessible, not just for the lawyers but also for the legislators and judges creating it.

A pivotal moment came with the establishment of the Law Library of Congress in 1832. The Law Library of Congress was tasked with maintaining a collection of both American law and also the laws of foreign countries. This library was created in recognition that law was a serious, specialized field requiring dedicated, professional management. Today, it is considered the largest law library in the world with over 2.9 million items, a testament to the nation’s commitment to documentation and precedent.

A common mistake people make about law libraries is thinking of them as just storage facilities. In reality, they are complex organizational systems and the law librarian is the expert navigator. A single legal topic might involve one or more federal statutes, state statutes, government agency regulations and dozens of court cases from various jurisdictions. This material must all be linked, cross-referenced and continuously updated. The law librarian’s traditional role has been one of guidance, teaching students, lawyers and the public how to use complex indexes, digests and citators (tools that track whether a court case has been overturned or is still good law). The expertise of law librarians transforms a mountain of confusing material into an accessible, navigable resource.

The late 20th century brought the most radical change to law libraries since the invention of the printing press. The rise of digital legal research databases and other digital legal resources made legal research faster and more powerful than ever before. This did not make the need for law libraries obsolete but rather changed and enhanced the way legal resources were accessed in the library. The core mission is still the same, access to justice. Law libraries now provide citizens with on-site access to expensive, proprietary digital databases that most probably couldn’t afford at home. Law librarians still offer assistance in navigating legal resources including digital resources and complex government websites containing legal material. The physical law library is still important for historical research, specialized collections and for the simple reality that not all legal materials (especially older, rarer or less cited materials) have been digitized.

Law libraries remain quiet powerhouses of legal information. They are a space dedicated to the continuity of the law and where the past informs the present. Law libraries help ensure that justice, however imperfectly applied, can always be grounded in clear, accessible precedent.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library.

Understanding the role of librarians in legal information services

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Each day, patrons visit the library seeking guidance on a wide range of topics, including legal matters. Whether it’s locating a rental agreement form, understanding divorce proceedings or researching local ordinances, public libraries are often the first stop for individuals facing legal challenges.

Given that libraries have a longstanding reputation as a trusted source of information, it is only natural that members of the public turn to librarians for help in navigating the complex world of law. However, while librarians are well-equipped to assist with legal research and information access, there are strict ethical and legal boundaries that govern how far that assistance can go.

Close up of law books. It is helpful for patrons to understand what librarians can and cannot do in terms of legal reference assistance in the library in order to minimize frustration and maximize a positive outcome. While librarians are not attorneys and do not offer legal advice, they can provide a wide range of support within the scope of their professional role. Librarians can help patrons locate relevant laws, regulations, ordinances and court opinions. Whether its federal, state or local law, librarians can direct users to authoritative sources, both in print and online. Library staff can also demonstrate how to use legal research tools such as Westlaw and Lexus Nexus, as well as secondary sources like legal encyclopedias and self-help guides. Some of these resources require subscriptions so the resources available could be limited based on what databases or services the library pays for. Librarians can point patrons to trusted sources of free information including legal aid websites, government portals and non-commercial databases that provide reliable up to date content. This is particularly important in an era where misinformation is easily encountered online. Libraries sometimes even collaborate with legal aid organizations and community partners to host clinics, workshops and informational events. Librarians can inform patrons about upcoming programs, eligibility requirements and how to schedule appointments with qualified legal professionals.

While library staff play an important role in facilitating access to legal information, there are clear ethical and legal limits designed to protect both the patron and the librarian. These restrictions are in place to prevent the unauthorized practice of law. Librarians are not authorized to analyze how a particular law may apply to an individual specific situation. They can provide access to legal texts but they cannot offer interpretations or recommended courses of action. While librarians may assist patrons in locating the appropriate legal forms they patron may need, the librarian cannot help the patron complete the form or provide suggestions about what to include in any particular section. Doing so would constitute legal advice. If a patron asks if they should “plead guilty,” “file a motion” or “appeal a case,” these types of questions fall squarely within the realm of legal advocacy and must be directed to a licensed attorney.

Patrons need to understand that the limitations placed on librarians are not a reflection of unwillingness to help but are grounded in the professional and legal standards that protect all parties. Librarians are trained to provide neutral and objective assistance. By observing the boundary between legal information and legal advice, librarians ensure that patrons are not misled or inadvertently harmed by well-meaning but unauthorized guidance. Maintaining these boundaries also upholds the library’s reputation as a trustworthy and unbiased institution. When legal issues arise, patrons can rely on the library as a starting point for research and resource navigation and they can be confident that any further recommendations will be directed to qualified professionals. The law can be intimidating for individuals who are unfamiliar with legal systems, terminology and procedures. Libraries help lower the barrier to legal access by offering free resources, research support and community connections.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library.

Legal considerations for library events: What Indiana librarians need to know

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Libraries in Indiana are vibrant community hubs offering a range of events, from book clubs and author talks to STEM workshops and family movie nights. While these events enhance community engagement, they also come with legal considerations that librarians must address to protect their institutions and participants. The following are key legal issues Indiana librarians should be aware of when planning and hosting events, ensuring a smooth and compliant experience for all.

Many library events involve the use of copyrighted materials, such as books, movies, music or art. Public performance rights are a critical aspect to consider, particularly for movie nights or live readings. Showing a film requires a public performance license, even if you own the DVD or digital copy. Playing music at events, whether live or recorded, may require licenses from organizations like the American Society of Composers Authors and Publishers (ASCAP) or Broadcast Music, Inc. (BMI). Readings and story times typically fall under fair use but large-scale or paid ticketed events would likely require additional permissions and possibly even an amusement and entertainment permit.

Hosting events introduces risks which could include injuries, property damage or unforeseen emergencies. Libraries should be sure to have appropriate liability protections in place. General liability insurance should cover accidents or injuries that occur during events. Review your library’s insurance policy to ensure adequate coverage for events. Use participant waivers for high-risk activities, such as physical workshops or outdoor events. Require vendors or performers to provide proof of insurance for services provided at the event. Conduct safety assessments for event activities and clearly communicate rules and expectations to participants.

The Americans with Disabilities Act mandates that library services and programs, including special events, must be accessible to individuals with disabilities. Ensure physical venues are wheelchair accessible, including entrances, seating and restrooms. Provide accommodations, such as sign language interpreters or assistive listening devices, when requested. Digital events must meet accessibility standards, including captioning for videos and screen reader-compatible materials. Plan for accessibility from the outset, rather than as an afterthought. Include an accessibility statement in event promotions, inviting participants to request accommodations. Train staff on ADA requirements and best practices for inclusive programming.

Events for children and teens often involve specific legal considerations, including consent and supervision. Develop and use parental consent and release forms for events that include photographs, videos or off-site activities. Libraries could even include this language in the activity sign-up forms. Ensure adequate adult supervision during children’s programs, whether that means requiring parents to attend the event with their children or whether it means diverting additional library staff to assist with the program. Clearly communicate expectations for parent or guardian participation when necessary and avoid collecting unnecessary personal data from minors.

Collaborating with outside vendors, authors or performers for events requires clear, enforceable agreements. Define the scope of services, payment terms and cancellation policies. Include clauses addressing copyright, liability and insurance requirements. Maintain thorough records of agreements and communications with vendors and clarify expectations for promotion, setup and cleanup responsibilities.

Post clear signage at events informing participants about photography or recording. Libraries can also address whether there will be photography or videography at the event in the sign-up form, state how images will be used and include consent for use language. Store and use images responsibly, adhering to your library’s privacy policies.

Library events are a cornerstone of community engagement, but they come with legal responsibilities that Indiana librarians must navigate. By addressing copyright compliance, liability, accessibility and other legal concerns proactively, libraries can create events that are not only enjoyable but also legally sound.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library.

 

Copyright and AI; an update

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In recent years, the intersection of artificial intelligence and copyright law has become a hot topic, especially as AI-generated content becomes more prevalent. The U.S. Copyright Office plays a crucial role in shaping the legal landscape for these emerging technologies. The U.S. Copyright Office administers the national copyright system and provides guidance on copyright law to Congress, federal agencies, the courts and the public. As AI technology advances, the office has been active in addressing the unique challenges it presents.

Historically, the U.S. Copyright Office has maintained that copyright protection is reserved for works created by humans. This means that purely AI-generated works, without any human involvement, are not eligible for copyright protection. However, the landscape is evolving. In March 2023, the Copyright Office issued formal guidance stating that if a human significantly contributes to the creation of a work in which AI was used, it may be eligible for copyright protection. The office has been receiving applications for the registration of works that include AI-generated content, reflecting the increasing integration of AI in creative processes. As a result, preliminary guidance has been issued for those seeking to copyright works that involve AI content and that guidance can be found here. The office has also received complaints regarding the use of copyright protected art and text in the training of AI tools.

Recognizing the growing importance of AI in content creation, the Copyright Office launched a new initiative in early 2023 to examine the copyright issues raised by AI. This initiative aims to explore the scope of copyright in AI-generated works and the use of copyrighted materials in AI training. As AI continues to transform the creative landscape, the U.S. Copyright Office’s efforts to adapt copyright law to these new realities are crucial. By providing clear guidelines and exploring the implications of AI in content creation, the Copyright Office helps ensure that copyright law remains relevant and effective in the digital age.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library.

Lindke v. Freed and O’Connor-Ratcliff v Garnier: Balancing free speech and social media moderation

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In the digital age, social media platforms have become virtual town squares where citizens engage in robust discussions, express their opinions and interact with public officials. The cases of Lindke v. Freed and O’Connor-Ratcliff v. Garnier delve into the delicate balance between free speech rights and the authority of public officials to moderate their social media pages.

In Lindke v. Freed, James Freed, the city manager of Port Huron, Michigan, maintained an active Facebook presence. His page served as a platform for both personal posts and official communications related to his role as city manager. Like many public figures, Freed received comments from constituents, including Kevin Lindke. Lindke expressed his dissatisfaction with the city’s handling of the COVID-19 pandemic on Freed’s Facebook page. Initially, Freed deleted Lindke’s comments, and later, he blocked Lindke from commenting altogether. Lindke argued that Freed’s actions violated his First Amendment rights, asserting that the page was a public forum.

In O’Connor-Ratcliff v. Garnier, two individuals, O’Connor-Ratcliff and T.J. Zane, created public Facebook pages to promote their campaigns for election to the Poway Unified School District Board of Trustees. Both also had personal Facebook pages they shared with friends and family. After winning the election, O’Connor-Ratcliff and Zane continued to use their public pages to discuss school related business. They also used their pages to solicit feedback and communicate with constituents. Christopher and Kimberly Garnier had children attending the Poway Unified School district. The Garniers often criticized the school board members and posted repetitive negative comments on the school board members’ social media posts. Initially, the negative comments were just deleted but then the Garniers’ were blocked from commenting altogether. The Garniers sued, saying their First Amendment rights were violated when they were blocked.

The central question before the Supreme Court in both cases was whether blocking the commentators constituted state action under 42 U.S.C. §1983. This statute allows individuals to seek redress when their federal constitutional or statutory rights are violated by someone acting “under color of any statute, ordinance, regulation, custom, or usage, of any State.” The Court clarified that §1983 applies only to state actors. Private individuals’ actions do not fall within its scope. Thus, the critical issue was whether Freed, Zane, and O’Connor-Ratcliff’s management of their Facebook pages constituted state action.

The Supreme Court established a two-pronged test:

Actual Authority: the individual must possess actual authority to speak on behalf of the state regarding a specific matter.

Exercise of Authority: the individual must have purportedly exercised that authority in relevant social media posts.

The Court held that because his Facebook page was used for personal and business-related posts, Freed’s actions did not indisputably amount to state action under §1983. The Court remanded the case back to the Sixth Circuit so that the Sixth Circuit could analyze the posts Lindke commented on using the new two-prong test to determine if Freed was exercising his authority to speak on behalf of the city. If so, the blocking would be problematic.

In O’Connor-Ratcliff v Garnier, the Court remanded the case back down to the Ninth Circuit to analyze the case under the new two-pronged test established by the Court. It is likely the Ninth Circuit will find as they did initially, that O’Connor-Ratcliff and Zane possessed actual authority to speak on school board matters and that they were doing so when using their public Facebook page to share school news and discuss school issues.

These decisions underscore the distinction between public and private actions on social media. Public officials must tread carefully when moderating their pages, balancing their personal rights with their official responsibilities. Citizens, too, should recognize that not every online interaction with a public figure constitutes state action. In the clash between free expression and social media moderation, it is important to remember that, while outright blocking could be problematic, public officials still have the right to moderate comments that violate their social media policies or that are not protected speech in the first place, such as obscene language, threats, fighting words, defamatory language, fraud, child porn and language that incites violence or implicates criminal conduct.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.

Navigating the musical wonderland of Christmas songs and copyright

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‘Tis the season to be jolly, and nothing sets the festive mood quite like Christmas music. From classics like “Jingle Bells” to contemporary hits like “All I Want for Christmas Is You,” these melodies are an integral part of the holiday experience. However, behind the joyous tunes lie complex copyright implications that shape the way we enjoy and share these festive songs.

Christmas songs are more than just music; they are a cultural phenomena that evoke nostalgia and bring people together. Many of these songs have been passed down through generations, becoming timeless classics that artists continue to reinterpret and reimagine.

Image courtesy of Pixabay.While many Christmas songs are in the public domain, allowing for unrestricted use and adaptation, others are protected by copyright. This means that the creators or rights holders have exclusive rights to reproduce, distribute, and perform the songs, subject to some exceptions set out in the Copyright Act. As a result, navigating the musical wonderland of Christmas songs involves understanding the copyright status of each tune.

Many of the so-called “classic” Christmas songs are in the public domain, which means everyone may use and enjoy them without fear of copyright infringement. Classics like “Jingle Bells,” “Deck the Halls,” “Up on the Housetop,” “Twelve Days of Christmas,” “We Wish You a Merry Christmas” and “O Christmas Tree,” as well as others, have transcended their original copyright protection and can be freely shared and adapted.

However, keep in mind that the public domain status can vary depending on the specific arrangement or adaptation of a song. For instance, a traditional version of a Christmas carol may be in the public domain, but a new arrangement by a contemporary artist could still be under copyright protection.

Many popular Christmas songs are still under copyright protection and using them without permission can lead to legal consequences. For example, if you plan to use a copyrighted Christmas song in a commercial project, such as a film, advertisement, or holiday event, you may need to obtain a license from the rights holder. Additionally, cover versions of copyrighted songs require a mechanical license, allowing artists to reproduce and distribute their own rendition.

Playing copyrighted Christmas music in the background at your home among a small audience of family and friends is likely not a copyright violation because you are likely streaming from a commercial service or the radio that permits such private use. However, piping copyright protected music publicly over a speaker for background music at the library or other public place would require a license.

Understanding the copyright implications of Christmas songs is crucial for musicians, content creators, and anyone looking to share the joy of the season. Here are a few tips for navigating the legal copyright landscape:

  1. Familiarize yourself with the public domain status of Christmas songs. Traditional carols and older compositions are more likely to be in the public domain, but it’s essential to verify the status of specific versions.
  2. If you plan to use a copyrighted Christmas song in a commercial project or performance, or to play publicly in a public space, obtain the necessary licenses. This ensures that you have legal permission to use the music and supports the artists and rights holders.
  3. Consider creating original holiday music to avoid copyright complications. This allows you to share your festive spirit without navigating the legal intricacies of existing Christmas songs.

As we celebrate the season with joyous melodies and festive cheer, it’s essential to be mindful of the copyright implications surrounding Christmas songs. Whether a timeless classic or a contemporary hit, each melody carries its own legal considerations that shape how we can enjoy and share the magic of the holidays. So, as you deck the halls with boughs of holly, remember to deck your playlists with awareness of copyright rights, ensuring a harmonious and legal celebration of the most wonderful time of the year.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.

Service animals in public accommodations

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The Indiana General Assembly wrapped up its 2023 session several weeks ago. Many new laws were passed including HEA 1354. HEA 1354 modifies a few things in Indiana law regarding service animals and also codifies some of the longstanding principles regarding service animals in public establishments. HEA 1354 is effective as of July 1, 2023.

HEA 1354 narrows the definition of service animal to just dogs and miniature horses. Previously, Indiana law was pretty open and recognized any animal that was trained as a hearing animal, guide animal, assistance animal, seizure alert animal, mobility animal, psychiatric service animal or autism service animal. HEA 1354 requires public accommodations to make reasonable modifications in policies, practices or procedures to permit the use of a service animal by an individual with a disability.

In determining whether reasonable modifications in policies, practices or procedures can be made to allow a miniature horse into a specific facility, a public accommodation must consider the type, size and weight of the miniature horse and whether the facility can accommodate these features; whether the handler has sufficient control of the miniature horse; whether the miniature horse is housebroken; and whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

A public accommodation may charge the handler for damage caused by the service animal if a public accommodation normally charges an individual for damage the individual causes. A public accommodation may ask an individual with a disability to remove a service animal from the premises if the animal is out of control and the animal’s handler does not take effective action to control it or if the animal is not housebroken. If a public accommodation excludes a service animal for reasons permitted by law, the public accommodation must give the person with a disability the opportunity to obtain services without having the service animal on the premises.

It was already the case that service animals in training are entitled to access public accommodations, but HEA 1354 adds that the service animal in training must be under the control of its trainer at all times while on the premises of the public accommodation. A service animal must be under the control of its handler at all times as well, while on the premises of a public accommodation. A service animal must have a harness, leash or other tether, unless the handler is unable because of a disability to use a harness, leash, or other tether; or use of a harness, leash or other tether would interfere with the service animal’s safe, effective performance of work or tasks in which case the service animal must be under the handler’s control by other effective means, such as the use of voice control or signals.

HEA 1354 declares that a public accommodation is not responsible for the care or supervision of a service animal. Further, a public accommodation cannot ask about the nature or extent of an individual’s disability but may make two inquiries to determine whether an animal qualifies as a service animal. The public accommodation may ask whether the animal is required because of a disability and what work or task the animal has been trained to perform.

A public accommodation cannot require documentation, such as proof that the animal has been certified, trained or licensed as a service animal. A public accommodation also may not make inquiries about a service animal’s qualifications when it is readily apparent that the animal is trained to do work or perform tasks for an individual with a disability.

An individual with a disability is permitted to be accompanied by a service animal in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons or invitees are allowed to go.

A public accommodation cannot ask or require an individual with a disability accompanied by a service animal to pay a fee for access to the public accommodation or comply with other requirements not applicable to a person without a service animal.

An individual with a disability is defined as an individual:

(1) who has a physical or mental impairment that substantially limits one or more major life activities:

(2) who has a record of a physical or mental impairment that substantially limits one or more major life activities; or

(3) who is regarded as having a physical or mental impairment that substantially limits one or more major life activities.

A public accommodation is defined as an establishment that caters or offers services, facilities or goods to the general public.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.

Rules change for professional librarians

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Did you know that in Indiana, professional librarians need to be certified? The level of professional certificate required depends on a combination of the library’s district population size and the librarian’s position within the library itself. Having professional standards not only provides that library patrons are getting a certain level of competence when being assisted by a librarian, but is also the law in Indiana.

The professional rules for librarians are found in 590 IAC 5. The Indiana Library and Historical Board, which governs the Indiana State Library, is responsible for promulgating the rules for librarian certification. Periodically, the Indiana Library and Historical Board promulgates updates to the certification rules. The updates are primarily a result of changes desired by the broader Indiana library community. Prior to promulgating any rule changes, focus groups are created which are made up of librarians from various size libraries throughout the state. Feedback is provided by the librarian focus groups and the rule changes are primarily a result of the feedback from those groups.

As of Jan. 1, 2023, several new changes took effect as a result of the most recent rule changes enacted by the Indiana Library and Historical Board. There were some small tweaks and clarifications made to the certification rule, as well as a reorganization of the applicable definitions. However, several substantive changes took effect.

The amount of professional library work done in the normal course of the librarian’s daily activities which triggers the need to be certified is now 75%. So, if a librarian is doing professional librarian work 75% of the time or more, he or she needs to be certified. Previously, the threshold was 50%.

Indiana librarians must attend continuing education courses and earn a certain number of credits for attending such courses. The credits are known as Librarian Education Units or LEUs. The rules regarding what LEUs can count towards certification renewal were updated to make an additional category of activity eligible for LEUs. Additionally, there is no longer a sub-category of LEUs known as Technology LEUs required. Last, LEUs may be counted that were earned during a limited period of time that pre-dates the librarian actually receiving their first certificate or temporary permit.

There are two lower-level certificates for which specific college courses were required. Now, librarians may use any college level library course taken from an accredited college or university when applying for those lower-level certificates.

Specialist certificates are no longer issued. Specialist certificates were issued to individuals in non-librarian professional roles. There is a small number of folks who have these certificates and those certificates will still be valid at the respective libraries for the individual’s current position. The LEU requirements for specialist certificate holders have decreased.

Starting Jan. 1, 2023, certified librarians must keep all LEU certificates for 90 days after the later of the date their recently renewed certificate expired or the date they renewed their certificate if they renewed it after it expired. This change is to ensure they will still have their LEU certificates to prove compliance if they renew their librarian certificate late and are audited.

Directors of libraries serving a population of fewer than 3,000 who apply for certification Jan. 1, 2023 or later, must qualify for or be working towards an LC 1, 2, 3, 4, or the LC 7 certificate. Previously, the were able to also hold and LC 5 or 6 level certificate.

More details about the new changes can be found here. Questions about the revised rules, or certification in general, can be emailed here.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.

Small claims court for copyright

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In December 2020, a new law was signed into effect that established an easier way for individuals and businesses to sue for copyright infringement. The Copyright Alternative in Small-Claims Enforcement Act – the CASE Act – established a small claims court process within the U.S. Copyright office. A copyright claims board was established to hear copyright claims with damages totaling $30,000 or less. The CCB is a three-member tribunal staffed with attorneys who have significant copyright experience. The CCB began presiding over small claims copyright cases in June of this year.

It can be expensive to litigate a copyright claim in federal court. The CCB provides a lower cost alternative to resolve claims. Claims are capped at $30,000 which provides some protection from the possibility of a higher damage award if the claim is heard in federal court. Also, the process has been designed to facilitate self-representation, which saves the parties the cost of legal fees. Although parties still have the option of retaining legal counsel if they so choose. The process is designed to be quicker and more streamlined than a regular court proceeding. Much of the case could be decided based on written submissions. There may or may not be a hearing. Discovery is limited and the proceedings are virtual so no travel is required.

The CCB hears three types of small claims copyright cases. They can preside over copyright infringement claims, requests seeking a declaration of non-infringement and claims related to takedown notices and the Digital Millennium Copyright Act (DMCA).

Libraries and archives enjoy special treatment under the CASE Act. They may pre-emptively opt out from CCB jurisdiction altogether which would require any and all copyright claimants to proceed with suit in federal court. Libraries may alternatively just opt out from CCB jurisdiction on individual cases, which would mean the claimants in those particular cases would have to sue the library in federal court but other potential later claimants on other copyright claims could still sue the library under the CCB process. If a library opts out from the CCB process, the exemption would apply to all employees involved in the claim as well as the library as an entity. It is free to file the exemption at ccb.org. If a library wants to opt out of a CCB proceeding, the library must take action within 60 days of notice that the claim was filed.

There may be times when it would be beneficial for a library to opt out of suit under the CCB process. If the legal issues are complex, require expert witnesses, third parties or depositions, then it might be better for the case to be heard in federal court as the CCB does not typically allow depositions or expert witnesses. Additionally, the CCB does not have the authority to force third parties to testify or produce documents. There may also be strategic legal reasons for forcing the claimant to file in federal court. Conversely, there does not appear to be a mechanism for a defendant/respondent in a federal court case to opt to have a copyright case transferred to the CCB when they are sued in federal court.

A CCB determination is binding as to the parties involved but does not serve as precedence for any other case. If one of the parties disagrees with the CCB determination, that party may request reconsideration by the CCB. However, if reconsideration is denied, the losing party may seek review by the Register of Copyrights. A review by the Register of Copyrights will only be related to whether the CCB abused its discretion in denying reconsideration. In limited circumstances, the decision can be appealed to a federal court, but only under the following circumstances:

  • If the determination was issued as a result of fraud, corruption, misrepresentation, or other misconduct;
  • If the CCB exceeded its authority or failed to render a final decision in the matter; or
  • In the case of a default determination or determination based on failure to prosecute, if it is established that the default or failure was due to excusable neglect.

More information is available in the CCB handbook. Litigants can also email with their procedural questions.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.

Changes to Indiana gun laws

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Effective July 1, 2022, gun owners in Indiana may go most places with their firearms, whether or not they have a license to carry and, yes, that means even at your local public library. HEA 1296, passed by the Indiana General Assembly in the 2022 legislative session, removes the requirement for firearm owners to have a license to carry a firearm in Indiana. How does this impact your local public library? Well, it doesn’t significantly, it just removes another restriction on gun owners in the state.

In 2011, the Indiana General Assembly created a law that prohibited political subdivisions from creating regulations related to firearms, including ammunition, storage and carrying. Public libraries are considered political subdivisions under Indiana law, so at that point, libraries lost the ability to keep firearms out of libraries. There are a few exceptions that would permit a library to regulate firearms in the library. For example, library boards can create and enforce a policy that prohibits or restricts the intentional display of a firearm at the library’s public meetings – meetings held by the library board or library board committees.

There is also an exception that allows employers to restrict employees who are on duty in the building from carrying a firearm. However, the employees must be allowed to keep their firearms in their locked vehicles stored in the glove compartment or trunk or otherwise out of plain view. Libraries cannot ask about firearm ownership on employment applications or make ownership or non-ownership a condition of employment.

Click here to read more about this new change in the law. To review the law as it pertains to government regulation of firearms, click here.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.