X-Delivery-Notice:  SMTP MAIL FROM does not correspond to sender.
X-Mailer: ELM [version 2.3 PL11]
Approved-By:  Public-Access Computer Systems Forum <LIBPACS@UHUPVM1.BITNET>
Newsgroups: bit.listserv.pacs-l
Date:         Wed, 29 Jul 1992 12:00:12 CDT
From:         PF Anderson <pfa@casbah.acns.nwu.edu>
Subject:      Re: Public access software
              "RHADDEN@USGSRESV.BITNET" at Jul 28, 92 9:58 am

----------------------------Original message----------------------------
Lee Hadden said:

> One of the chilling items about this discussion is the confusion among
> librarians about who they serve- the public or the publisher? The librarian
> should be an advocate for the library user, not a watchdog for a publisher.
> Yes, it is very easy to copy software. It is also easier to copy books
> and other items as well. However, the librarian should be concerned with
> getting information to the patron, not looking over their shoulder to
> prevent them using it. The next step is not for the librarain to
> prevent the patron from using software illegally, but to inform thew
> copyright holder of the infraction so they can sue the user.
>   The librarian should be an advocate of the user, not the puvblisher!

My concern lay partly in that we *have* had experience with publishers
who refused to sell to us because we were a library. In a course I
took in copyright law for libraries, we were told that if we were
purchasing a video or computer software program for use in a computer
lab environment or for circulation (as opposed to for use by an
individual in their office) that this should be stated clearly on
the purchase order. I don't know of many places that actually do
this. Are we serving the users if an atmosphere is created in
which publishers refuse to sell to us? How do we get the information
for the user? Is it to our advantage to have libraries perceived
as untrustworthy? However, on the other hand, public libraries
created all kinds of legal havoc when they began circulating
videos (video stores objected to the competition and video publishers
were concerned about copying) and for the most part it has blown over
and libraries now commonly circulate videos.

Another question:
What kind of software is being circulated? Where do you draw the lines?
Do you circulate word processing software? WordPerfect, Microsoft Word?
Database applications? Other application? Or just instructional
software to convey information and instruct in a topic? Or Nintendo
games? Do you keep only the master disk in a file, or do you keep
the original, a working master, and then the circulating copy?
(NOTE: this latter is not legal unless stated in the license).
Is someone responsible for keeping track of the various licenses
and regulations? How do your circ people know what falls in
which category?

In our library many of these issues are not of immediate
concern, since we place most nonprint media in a special
reserve area and none of them circulate except overnight to
faculty for teaching purposes. So we've avoided the problem,
but the issues are still real and need to be addressed.
The copyright law may be seriously flawed, but it still
exists and we can't just ignore it or work around it.
Read some of Ruth Dukelow's articles on circulating
media and computer software. It can be done legally,
but you do need to be careful and selective. Not everything
can circulate.

Pat Anderson
Northwestern University
pfa@nwu.edu
Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU