“well at least they’re reading” the role of the judgemental librarian in media portrayal of library use

So hey, we’re in a recession! And one thing that the media seem to agree about is that people are flocking to their libraries more than ever. In fact, just like “man returns library book 75 years late!” the news stories about libraries getting busy when people are out of work aren’t even that blogworthy lately. But people still send them to me and I still read them. Often they have good factoids like “During the Great Depression, not a single library closed” which I found interesting. That line comes from this article in the Journal-Sentinal Online with the fairly typical headline Libraries’ many benefits rediscovered in hard economic times. Good, right?

I was enjoying reading about it until I hit these lines…

Library directors report circulation spikes for last month of about 10% when compared with December 2007. “Escapism,” was Waukesha library director Jane Ameel’s concise speculation on the re-emergence of libraries’ attraction. “I wish we were giving them David Copperfield, but so much of our business is in CDs and entertainment,” she said.

Do you see where I’m going with this? This library director seems disappointed that people are going to the library to feel better and interact with materials that they enjoy. I’m disappointed because when I read that sentence I feel that the library director values Copperfield-reading patrons more than she values music-listening patrons. I’m sure she talked to the reporter for 45 minutes and that’s just what he decided to pull out of the discussion. And yet, I think we should be careful with how we talk about what we do.

I’m not sure I’d go totally over to the other extreme and say that a patron plugging his laptop into an external power outlet at the library after hours was “rediscovering the value of their library,” but it definitely sends a more positive message about how we view our patrons than the earlier quotation.

why you can’t google a library book

The Guardian has a long article about what the mechanisms are that keep local library catalogs form being effectively spidered and Googleable. They dip into the complicated area that is policies around record-sharing and talk about OCLCs changed policy concerning WorldCat data. This policy, if you’ve been keeping close track, was slated to be effective in February and, thanks in no small part to the groundswell of opposition, is currently being delayed until at least third quarter 2009.

some things really do change overnight

I’ve been getting over a nasty flu just on the backside of the MIT Mystery Hunt so I’ve been a little scarce. I also pretty much slept through most of the Inauguration festivities yesterday. However, I didn’t need to listen to speeches or see record crowds to know that some things are changing. I think Obama is as fallible as the next human being, but I’ve been encouraged at a few of the things that have happened this week, some intentional, some coincidental.

The first is Obama’s immediate revocation of Executive Order 13233, an order by the Bush administration that, according to the National Coalition for History, “severely limited access by the public to presidential records” You can read the offical text of the order on the revamped Whitehouse.gov which I recommend a look at.

The second good news this week was the Supreme Court declining to review “a Third Circuit Court decision last July striking down the Child Online Protection Act of 1998.” In other words, COPA was struck down by a US District judge, a decision which was upheld by the Third Circuit Court of Appeals and then contested by the Bush Administration to the US Supreme Court who, this week, refused to hear it. You can read the timeline yourself on Wikipedia. The Supreme Court’s failure to act is pretty much the death knell for COPA, a law that never took effect. While not as applicable to libraries as CIPA, the law itself does touch on whether or not restricting or prohibiting materials as “harmful to minors” is itself a problematic restriction on speech. U.S. District Judge Lowell Reed commented “perhaps we do the minors of this country harm if First Amendment protections, which they will with age inherit fully, are chipped away in the name of their protection.”

What happens in a copyright dispute on YouTube?

One the the benefits of my free agent status is that I can occasionally push the envelope on certain rules in a spirit of “see what happens” realizing that some small town in Vermont won’t be bankrupted if I get sued. I’ve often said that I’d like to see more civil disobedience from libraries concerning copyright legislation (especially concerning public performance rights to movies and ability to make copies of our own content) but it’s not happening quickly. That said, as you may know, I make some videos and have put them on YouTube. One of them was popular for a little while. Sadly, that one had a soundtrack from a Beausoleil album that I liked and did not have permission to use. The other much less popular video was just some shots out the window driving in a rainstorm while listening to the radio. The song in question comes on the radio for about the last minute of my video.

Last week I got an email from YouTube saying… I don’t still have the email but in short their Video Identification tool had matched a song in two of my videos and my videos had immediately been removed from public viewing. My options were to 1. delete the audio and/or use their AudioSwap feature to replace it 2. dispute the copyright claim on a few grounds 3. delete the video. I opted to try AudioSwap for my popular video, sort of sad because it removes my voiceover and other sound effects, but decent because it’s a better option than removing the video entirely. I replaced the soundtrack with a free track from AudioSwap. If I felt like I had time and energy I’d write to Michael Doucet and see if he’d give me permission, but it’s probably not even him but his record company, etc. The AudioSwap interface is clunky and may or may not put an advertisement in your video (and hasn’t worked yet for me but I keep trying) but it’s a good option to have.

In the second case, I really feel like I have a decent Fair Use case, so I filled out this form. The form says that I think the clip is fair use under copyright law. It’s my responsibility to “understand the law” according to YouTube, and that is my understanding of it. I had to “sign” it and also type [well copy/paste] the line that says I’m not intentionally abusing the dispute process. After I did that, I was sent to this help article to see what will happen next. The article warns

If the content owner disagrees with your dispute for any reason, they will have the option to submit a copyright takedown notice which will result in the disabling of your video and/or penalties against your account. To avoid penalization, only submit legitimate dispute claims.

So, we’ll see. I think I’m right. I hope the copyright holder thinks so too. At the very least they will be bored with four minutes of windshield rainstorm before they even hear their song and even then they’ll probably be straining saying “Is that it?” At the worst, I’ll get some sort of “penalty against my account” of unspecified awfulness. So, for those of you too timid to try this at home, or possibly being cavalier about the audio you swipe, that’s my report of the consequences … so far.