Monday, May 30, 2022

Three Libraries Work with Teens to Pilot VR Program for Mental Health; Library Journal, May 26, 2022

Matt Enis , Library Journal ; Three Libraries Work with Teens to Pilot VR Program for Mental Health

"The Seattle Public Library (SPL); District of Columbia Public Library (DCPL); and Fayette Public Library, Museum & Archives (FPLMA), La Grange, TX, in partnership with the University of Washington (UW), have launched VRtality.org, a website that provides libraries and other institutions with a roadmap for co-designing virtual reality (VR) apps to support the mental health of teens. The roadmap and website were informed by three separate VR pilot programs developed by the three libraries. Librarians worked directly with teen patrons to create the VR programs, treating them as equal partners in the projects...

Harris noted that “co-design really allowed them to feel comfortable sharing their ideas with us, as opposed to ‘we’re instructing, and there’s a right answer.’ The fact that we’re all learning together and building this together, I think that A: It helps us establish relationships with them. And B: It allows them…to suggest some crazy stuff and see where it goes.”"

Friday, May 27, 2022

Federal judge takes rare step of backing U.S. Supreme Court ethics code; Reuters, May 26, 2022

 Nate Raymond, Reuters; Federal judge takes rare step of backing U.S. Supreme Court ethics code

"Senior U.S. District Judge Reggie Walton told attendees of a conference in Chicago focused on threats to the independence of the courts that it was "unimaginable that we have a segment of our federal judiciary that's not subject to an ethics code.""

Thursday, May 26, 2022

Chautauqua-Cattaraugus Library System Road Trip scheduled for this summer; Olean Times Herald, May 25, 2022

Olean Times Herald staff, Olean Times Herald; Chautauqua-Cattaraugus Library System Road Trip scheduled for this summer

"Starting June 1, the 38 libraries in the Chautauqua-Cattaraugus Library System (CCLS) will be promoting the CCLS Road Trip.

This free program is meant for every community member in both counties, regardless of library card or usage status, to visit as many libraries as they can during summer. Libraries offer incredible programming throughout the year, and summer is a great time to get the family involved through summer reading programs. Each library has a unique feel and offerings, and we want the community to come in and enjoy.

Running from June through August 2022, everyone is encouraged to stop by your local (or any CCLS library) to pick up your free passport and map of all the libraries. With your passport in hand, make sure to get your first stamp at the library and plan to visit all 38 libraries this summer. There will be small prizes for reaching a certain number of stops; check out www.cclsny.org/roadtrip for more information."

Connecting Communities: Libraries as Invisible Infrastructure; National League of Cities, 2022

National League of Cities; Connecting Communities: Libraries as Invisible Infrastructure

"In collaboration with library professionals across the country and the Our Common Purpose Project at the American Academy of Arts & Sciences, representatives of the New York Public Library and Memphis Public Library are currently partnering on Libraries as Bridges, an initiative aiming to both strengthen and better communicate the civic impact of our nation’s public libraries.

Libraries as Bridges is a learning network composed of library professionals that seeks to articulate and advance the role that libraries play in promoting social cohesion, civic renewal, and the ideals of our democracy. The initial work focuses on building an online toolkit where practitioners can connect to case studies and best practices for library programs with civic impact, guidance for communicating with external stakeholders and collaborating with each other. 

While the core of this work centers on conversations with library staff across the country, incorporating the perspective of civic and political leaders is crucial to achieving the initiative’s goals. Libraries As Bridges will create new opportunities for dialogue with local leaders across the country as work progresses, helping to collaboratively harness libraries’ civic impact to the fullest potential." 

Wednesday, May 25, 2022

Book Battle in Tennessee; American Libraries, May 11, 2022

Lindsey Kimery , American Libraries; Book Battle in Tennessee

Librarians fight back against state’s “obscenity” bill

"So how would HB 1944/SB 1944 workFirst, it would create a process for a parent or guardian to submit to a district’s superintendent a concern about a book they deem “obscene.” Upon receipt of the complaint, a district must remove the book from all library shelves for no less than 30 days. The school board then reviews the book, applying the Miller test, the primary legal test for determining whether expression constitutes obscenity. They examine if the work:

(a) would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful, or morbid interests of minors

(b) whether the work displays sexual conduct is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors

(c) taken as whole lacks serious literary, artistic, political, or scientific value for minors

If the book is deemed obscene or harmful to minors, it must be permanently removed. A librarian who disregards the directive can be charged with a misdemeanor and subject to a $50,000 fine. A subsequent offense is a Class E felony, which could mean prison time of one to six years in Tennessee, in addition to a fine of up to $3,000...

We can’t help but see school libraries and school librarians as collateral damage in the wake of midterm elections and extremism against public education. Being a school librarian is an honorable profession, but some have attempted to align it with criminality. We know we are trained professionals, and we work tirelessly to tailor our collections to our students’ needs and the needs of our school communities."

Tuesday, May 24, 2022

FPL [Flint Public Library] architect says "Libraries are the greatest act of love you can give your community"; East Village Magazine, May 22, 2022

Jan Worth-Nelson, East Village Magazine; FPL [Flint Public Library] architect says "Libraries are the greatest act of love you can give your community"

"When Kay Schwartz and her crew of 31 staff and the library’s board of trustees began the planning process seven years ago for the Flint Public Library’s major renovation which culminated with a three-day opening celebration May 19-21, one value emerged over all others.

“We wanted it to be a welcoming community space above everything else,”  Schwartz said, walking around the capacious new layout the day before the public opening of the dramatically made-over 60-year-old Kearsley Street structure.

“We’re providing space, and people can decide what they want to do with it,”  Schwartz said.  “We have opportunities for people that they never had, different types of seating, different types of meeting space —  we hope they’ll do some exciting things with it.”"

Monday, May 23, 2022

Our View: Libraries could use some more local advocates; Maple Ridge-Pitt Meadows News, May 22, 2022

  •  
  • Maple Ridge-Pitt Meadows News; Our View: Libraries could use some more local advocates

    Maple Ridge and Pitt Meadows are members of the largest library system in B.C. [British Columbia, Canada]

    "Yet libraries are one of the great public goods that we rely on every day in our communities.

    Just as you wouldn’t imagine a community that doesn’t have parks, rec centres, and sports fields to nurture its citizens’ physical needs, you can’t have a complete community without libraries to nurture their mental needs."

    How Public Libraries Are Seeding America’s Gardens; Eater, April 29, 2022

     Bridget Shirvell , Eater; How Public Libraries Are Seeding America’s Gardens

    "“The American Library Association has added sustainability as a core value of librarianship,” said Jenny Rockwell of the Oakland Public Library’s (OPL) Asian Branch in Oakland, California. “Supporting a relationship with nature through gardening and stewarding seeds supports that intention.”

    Seed sharing at public libraries date back to at least 2010, and while no one tracks just how such programs many there are across the, but it’s likely the number has now reached into the hundreds. Many started after the pandemic forced people outside and encouraged them to find ways to be more resilient, especially in how they procure food."

    Sunday, May 22, 2022

    One Bar Admission To Rule Them All?; Above The Law, May 6, 2022

     , Above The Law; One Bar Admission To Rule Them All?

    "After several years of research, discussion, and drafting, the Association of Professional Responsibility Lawyers (APRL) published an open letter to the ABA late last month proposing significant changes to Model Rule 5.5, governing the unauthorized practice of law. If adopted, the new Rule 5.5 would permit a lawyer admitted anywhere in the United States to provide legal services in any jurisdiction that has adopted the new rule, without regard to physical presence, state licensure, or any other geographic factor. One of the longest-lived protective guardrails in the history of American law would be largely dismantled...

    The original rules against UPL had two practical purposes: protecting the public from bad lawyering and protecting lawyers from out-of-state competition...

    Let’s face it, this collapsing of borders is already happening. Consider the Uniform Bar Examination, which is currently adopted in 37 states. The law we have to study to actually get admitted to any individual jurisdiction is increasingly the same. What’s more, many states have, for years, allowed established attorneys the ability to waive into other state bars on motion alone, without taking the bar exam again. And this model isn’t without precedent. CPAs take a single national exam for their certification that’s been administered for over 100 years, and APRL specifically cited the national driver’s license model in their arguments supporting the new proposed Rule 5.5.

    If protecting the public from bad lawyering is no longer a strong rationale for our existing UPL framework, the only justification we’re left with is protecting attorneys from competition. Given the access to justice problems we’re already trying to deal with, this seems to be prioritizing lawyers’ interests ahead of those of the public. Wealthy clients want the best counsel for their needs, no matter where that counsel happens to live and practice. Working-class clients just want an attorney they can afford to see them through the biggest challenges in their life. In both instances, expanding the pool of attorneys is a positive.

    Every step our industry takes toward the modern world is a step in the right direction. The proposal makes sense conceptually and from a business standpoint. Reducing artificial barriers to practicing law may invite competition to come into our home states, but it also allows each of us to go out and offer our services to compete on a national scale. For the sake of our clients, and the sake of ourselves, let’s move forward and stop pretending the world ends at the state line."

    Va. Republicans try to restrict minors’ access to two books after judge’s obscenity finding; Virginia Mercury, May 19, 2022

     , Virginia Mercury; Va. Republicans try to restrict minors’ access to two books after judge’s obscenity finding

    ‘They’re basically treated like adult magazines now’

    "Anderson said he’s only trying to restrict the books’ availability to minors, not to censor or ban them entirely."

    “It’s just, they’re basically treated like adult magazines now,” Anderson said. “You can’t go watch an R-rated movie without your parents there. Same concept.”

    The legal maneuver was already drawing backlash Thursday.

    “Virginia Republicans want to ban books. Everywhere — they aren’t stopping at schools & libraries,” Del. Marcus Simon, D-Fairfax, said on Twitter. “They are authoritarian bullies who want to control what you see, hear, learn and read. Everything they baselessly accuse the left of doing, they do.”

    A little-utilized state law allows “any citizen” to ask a court to weigh in on books alleged to be obscene.

    After reviewing the two contested books, retired Petersburg-area Judge Pamela Baskervill issued two orders on May 18 finding probable cause the books could qualify as obscene, an initial step that allows the books’ authors and publishers to respond in defense of their work within 21 days of being notified of the court proceedings. Baskervill is handling the case because all other judges in Virginia Beach recused themselves, according to Anderson.

    Once a probable cause finding is made, the law also allows the court to grant a temporary restraining order “against the sale or distribution of the book alleged to be obscene.”"

    Central Bucks is proposing a library policy that targets ‘sexualized content.’ Here’s why people are concerned.; The Philadelphia Inquirer, May 21, 2022

    Maddie Hanna, The Philadelphia Inquirer; Central Bucks is proposing a library policy that targets ‘sexualized content.’ Here’s why people are concerned.

    "Facing a packed room of vocal community members Thursday night, the Central Bucks School Board sought to tamp down criticism of a proposed library policy that has spurred fears of censorship and attracted the attention of the American Civil Liberties Union.

    The board’s policy committee did end up striking provisions that would have required all new books to gain its approval before they could be added to school libraries, a standard that some called burdensome and that would cede too much power to the board. And although critics said policy language targeting “sexualized content” would encompass too broad a swath of books, the board’s president promised the classics would remain, and there would still be “some discretion.”

    But both the ACLU and Education Law Center, which are closely following the district’s actions, said Friday the policy advanced by the committee was still problematic.

    “They’re playing with fire here,” said Vic Walczak, legal director for the ACLU of Pennsylvania."

    Communities suffer when library budgets are cut​​​​​​​ - Sean McNamara; The Scotsman, May 22, 2022

     Sean McNamara, The ScotsmanCommunities suffer when library budgets are cut​​​​​​​ - Sean McNamara

    How much value a nation or local authority attaches to its libraries can often be a good indication over how much it values its people.

    [Kip Currier: Interesting 5/22/22 perspective on the vital role libraries/librarians fill for communities in Scotland, mirroring many of the challenges libraries/librarians are facing in the U.S. now too. The "culture of firefighting" metaphor (see excerpt below) perfectly captures the need for us to be proactive, rather than reactive.]

    "In Scotland we have supportive politicians at all levels, a public that defends their libraries, a national strategy and strong collaboration between national bodies. And yet, the monetary support for libraries continues to fall often creating a culture of firefighting rather than the robust service building and forward planning we need in 2022.

    Libraries in Scotland help meet some of our biggest financial and societal challenges. They do this by providing life changing and equitable access to books and computers, by improving health and wellbeing, by reducing social isolation and by being free at point of use, often one of the only places that is in many communities...

    Libraries are backed by an excellent national plan and are hugely popular, recently gaining 45 million annual visits, up 40 per cent from 2010, yet spending has fallen by around 30 per cent in the same period. We have incredible libraries and skilled librarians, but they are dealing with year-on-year budget cuts and staff too often on low pay or insecure contracts. This cannot continue, Scotland’s communities and their librarians deserve better."

    Saturday, May 21, 2022

    Some parents want action, but school guidance on Utah’s book ban law is still murky; KUER 90.1, May 20, 2022

    Jon Reed, KUER 90.1; Some parents want action, but school guidance on Utah’s book ban law is still murky

    "Utah House Speaker Brad Wilson sent a letter to the Utah State Board of Education Wednesday to urge education officials to “take initiative” against school districts refusing to comply with a new state law banning “sensitive materials” in schools.

    While not naming specific districts, Wilson told KUER that he’s received reports of schools knowingly disregarding the law as well as input from parents on whether certain materials are inappropriate and should be removed.

    “When we have clearly pornographic materials in our school libraries, it needs to come out and it needs to come out quickly,” he said. ”This is not an imaginary issue.”

    School districts have long had policies for how to address requests to review and remove materials. But the law sets new standards about what material is considered pornographic or indecent, according to a memo from the Office of Legislative Research and General Counsel.

    The memo contradicted previous guidance from the Utah Attorney General. OLRGC also noted the AG’s office overstated U.S. Supreme Court precedent on when the removal of a book from a school library violates a student’s First Amendment rights.

    Norman Emerson, president of the Utah Library Media Supervisors, said districts are working to update their policies to be in compliance with state law. Some had waited until more guidance was issued, including direction from USBE that is still forthcoming. In a letter addressed to Speaker Wilson, the board noted districts are already required to have a reconsideration process for library materials but also said it is working toward creating a “model policy” that can be used as a template."

    Texas librarians face harassment as they navigate book bans; The Texas Tribune, May 17, 2022

    BROOKE PARK, The Texas Tribune; Texas librarians face harassment as they navigate book bans

    "Baker’s experience represents one of many new conflicts facing Texas librarians as book challenges continue to multiply. Many feel left out of decisions on banning books while also facing increased scrutiny from politicians, parents, and county and school district staff. Some have already quit, and others are considering it."

    Friday, May 20, 2022

    Federal officials caution employers on using AI in hiring; FCW, May 12, 2022

     Natalie Alms, FCW; Federal officials caution employers on using AI in hiring

    "The growing use of artificial intelligence and other software tools for hiring, performance monitoring and pay determination in the workplace is compounding discriminiation against people with disabilities, federal civil rights officials say.

    Artificial intelligence can be deployed to target job ads to certain potential applicants, hold online job interviews, assess the skills of job applicants and even decide if an applicant meets job requirements. But the technology can discriminate against applicants and employees with disabilities.

    On Thursday, the Equal Employment Opportunity Commission and the Department of Justice put employers on alert that they're responsible for not using AI tools in ways that discriminate and inform employees of their rights, agency officials told reporters."

    How to best accommodate neurodiverse lawyers and neurodivergent clients; ABA Journal, May 19, 2022

    Haley Moss, ABA JournalHow to best accommodate neurodiverse lawyers and neurodivergent clients

    "Supporting and accommodating neurodivergent clients

    Something that always is brought up to me when neurodivergent clients come up are ethical considerations—what to do with interpreters, diminished capacity concerns or competence. But a lot of those concerns are also our own biases showing with regard what we think neurodiversity is (or is not). Instead, as lawyers, it’s up to us to practice a little bit of empathy. People seek out lawyers for all sorts of reasons: Maybe they’re starting a business, or they were fired or getting divorced, or getting sued. There’s already a natural fear or surprise element to that initial interaction for clients, without our judgments based on a person’s cognitive abilities.

    To lead with empathy, think about how to make those first interactions less terrifying in order to build trust. There’s a knowledge gap lawyers have about disability culture. Presume competence by treating us like any other client; it’s one of the easiest ways to show respect. It’s frustrating even to me when I get talked down to like a little kid because I’m autistic, and your adult neurodivergent clients probably have had similar experiences. To that effect, something we all can do better is clean up legal jargon and use plain language, explaining concepts in an easy-to-understand format.

    I also like trying to meet folks where they are." 

    Thursday, May 19, 2022

    An Uphill Battle; American Libraries, May 2, 2022

     Austin Persinger , American Libraries; An Uphill Battle

    "The complaint bothered me, so I entered the conversation to talk about the concept of the Library of Things—that our institutions can loan so much more than books—and how Summers County Public Library could help. I began soliciting donations on various Facebook pages and through the local newspaper for a fleet of lightweight, collapsible utility wagons that cost about $100 each. Project Buggy Buddy had a fundraising goal of $1,200; community response to the idea was enthusiastic, and we raised $2,000. We began checking out six wagons within a month and have six more on order.

    The wagons in our fleet are designed to go over rough surfaces, and a five-day checkout period removes pressure to return them immediately after a trip. We don’t charge fines if wagons are returned late—though, in the first four months of lending, all of them have been returned on time—and we allow renewals if needed. The program has been successful: It is popular among users, is eliminating the guilt and fear of harassment for taking buggies, and has engendered goodwill and renewed interest in the library.

    People tell us they are grateful we are assisting them in a real way. One patron said that using the wagon allows them to buy items in bulk, which has helped them save money on groceries.

    We have myriad needs and problems here in Appalachia. Lack of transportation may not be the biggest, flashiest, or first problem one thinks of, but it causes an undue burden in our communities. Our crowdsourced fleet is a Band-Aid on the issue—our way of alleviating the problem in a small but helpful way. Solving the rural infrastructure problem may be too big and complex for me and my library, but I am happy to get the wagon rolling."

    Monday, May 16, 2022

    Texas A&M Weighs Sweeping Changes to Library; Inside Higher Ed, May 16, 2022

     Josh Moody, Inside Higher Ed; Texas A&M Weighs Sweeping Changes to Library

    "The Texas A&M University system is working on a plan that would make sweeping changes across its 10 libraries. Those changes, still being discussed, would include asking librarians to relinquish tenure or transfer to another academic department to keep it.

    The plan grew out of recommendations from MGT Consulting, which Texas A&M hired in June 2021 “to conduct a high-level, comprehensive review of major functional areas,” according to a company report. But as administrators have suggested additional changes, including to employee classification, faculty members have pushed back, arguing that proposed structural changes to the library system will do more harm than good.

    They are especially concerned about a proposal that would end tenure for librarians. Experts note that tenure for librarians, which is somewhat common in academia, though not universal, can be crucial for academic freedom, especially in a political environment in which librarians are under fire."

    Libraries are reimagining what public safety and access to resources look like; Prism, May 5, 2022

    Tamar Sarai, Prism ; Libraries are reimagining what public safety and access to resources look like

    "“People think libraries have changed so much, but really, we’re still doing the same things,” Fewell said. “We are making sure people have access to information and resources… connecting people [with what] they need: food, wound care, connecting to the WiFi because the only device they have to access the internet is their phone… We’re providing resources to get people the next thing that they’re looking for, and I love it.”

    As libraries and library staff begin embracing new ways to serve their patrons and in doing so, promote alternative conceptions of public safety, pushback has followed. Local police have decried the initiatives as eroding relationships with law enforcement, and other patrons have argued that their libraries are becoming less safe and that their own needs are being neglected as marginalized community members find themselves increasingly welcome into the library’s branches. However, while providing more social services and even connecting with currently incarcerated people might expand the work of libraries, staff engaging in these initiatives argue that the work is simply a fulfillment of the library’s long-standing purpose to provide information and foster community."

    Saturday, May 14, 2022

    Courage Seemed to Be Dead. Then Came Zelensky.; The New York Times, May 13, 2022

    Peter Coy, The New York Times ; Courage Seemed to Be Dead. Then Came Zelensky.

    "Economists may have lost track of courage, but artists never did. Maya Angelou, the American poet and activist, once echoed Aristotle: “Courage is the most important of all the virtues, because without courage you can’t practice any other virtue consistently. You can practice any virtue erratically, but nothing consistently without courage.”

    I interviewed Geoffrey Hodgson, who was trained in economics, taught management at several British universities and wrote “From Pleasure Machines to Moral Communities.” He told me that human beings are unique in that their tendency to sacrifice for one another, while having a biological basis, is reinforced by culture. “I grew up with stories of heroic individuals,” he said. “We teach kids about great heroes. People doing good. Putting others before themselves.” Zelensky will be used as an example to inculcate courage and selflessness in future generations, Hodgson predicted.

    I also interviewed Al Gini, a retired professor of business ethics at Loyola University Chicago. He said it’s no coincidence that Zelensky was a comic actor before he became president. “Being a leader is playing a role,” Gini said. “A role dedicated to others.”

    Zelensky is playing the role of hero, and it’s growing on him."

    Friday, May 13, 2022

    Miriam DeChant Named Associate Register of Copyrights and Director of Public Information and Education; U.S. Copyright Office, May 10, 2022

     U.S. Copyright Office; Miriam DeChant Named Associate Register of Copyrights and Director of Public Information and Education

    "Register of Copyrights Shira Perlmutter has announced the appointment of Miriam DeChant as Associate Register of Copyrights and Director of Public Information and Education (PIE), effective May 8, 2022. DeChant will direct PIE as it provides information about copyright law and practices to the public, implements the Copyright Office’s communications plan, and organizes educational and outreach programs. She is an expert copyright attorney and will serve as one of four legal advisors to the Register of Copyrights.

    “I am delighted to welcome Miriam to this important position,” said Perlmutter. “Her knowledge of copyright and her extensive experience managing programs to broaden access to intellectual property systems will be a valuable addition to our senior management team.”

    DeChant comes to the Office from the U.S. Patent and Trademark Office, where she served as director of the Global IP Academy, providing domestic and international intellectual property capacity-building, technical assistance, and education policy and programs. She has served as co-lead of the Gender Committee under the U.S. Department of Commerce Equity Council.

    Previously, she directed the Philadelphia Volunteer Lawyers for the Arts and was the founding administrator of the PA Patent pro bono program to provide under-resourced inventors, artists, startups, and creative nonprofits with legal assistance.

    DeChant earned a JD from Villanova University School of Law, where she was a member of the Villanova Environmental Law Journal. She has an undergraduate degree in the design field from Colorado State University."

    Friday, May 6, 2022

    Office snacks might be dying off. Good.; Vox, May 5, 2022

    Emily Stewart , Vox ; Office snacks might be dying off. Good. 

    If your employer loves you, they should give you money, not a granola bar.

    "I’m not saying office snacks are the devil. (And maybe I’m just the office snack grinch!) Of the ways companies try to get employees to work longer and harder and feel better about their jobs without having to do much, snacks are just a small factor. Some firms pay for dinner, but only if you stay until a certain time. Or they’ll put gyms and massages and dry cleaning services on the premises, which again, sure, fine, but maybe everyone would be fine just working out without their coworkers around, and leaving the premises to do so. And all of these perks shouldn’t overshadow what really makes a workplace good: good pay, reliable benefits, a safe environment. A couple of years ago, I talked to a Family Dollar worker who said corporate had sent her store cookies at the outset of the pandemic while the workers waited for sneeze guards. I think about it a lot.

    If work-from-home and a dying tax deduction are the death of office snacks, it won’t be the end of the world. They were never that great in the first place."

    Thursday, May 5, 2022

    Trademark and copyright considerations for NFTs; Reuters, May 2, 2022

    Sharon Urias, Reuters ; Trademark and copyright considerations for NFTs

    "NFTs are mostly used to verify ownership of digital goods. An easy way to understand NFTs is to think of them as unalterable certificates of authenticity for digital goods. For example, if someone purchases a piece of digital art, the NFT acts to validate and verify ownership and authenticity of the artwork. In the "real world," the closest analogy is an autographed original painting that is authenticated by the artist's signature or a certificate of authenticity issued by a reputable source...

    One common question asked by clients is whether, when they purchase NFTs, they also obtain the copyright associated with it. The answer is: Not necessarily. It is important to understand what is included in the smart contract that confers the purchaser's rights to the digital asset. Similar to the purchase of a physical painting in our analogy above, although the purchaser has acquired the right to display the work, and to resell it, ownership of the copyright is not automatically conveyed.

    The artist owns the copyright unless the author assigns it to the purchaser...

    NFTs present interesting and novel questions for trademarks as well...

    One of the questions to be resolved is whether traditional trademark legal doctrines, such as the first-sale doctrine, protects a seller, such as StockX, or whether the NFTs are new, distinct products that seek to capitalize on the trademark owners' marks...

    It is always challenging for the law to keep pace with the expansion and development of new technologies and innovations. It is no different with NFTs. With the increased growth of NFTs, the need for protection also grows. Although NFTs present many opportunities for businesses, it is essential that NFT sellers clearly delineate in the smart contract what is and is not permitted with respect to intellectual property rights. In that way, both NFT sellers and buyers will be able to protect themselves and best monetize these assets." 

    Tuesday, May 3, 2022

    Movers & Shakers 2022: The People Shaping the Future of Libraries; Library Journal, May 2022

    Meredith Schwartz, Library Journal; Movers & Shakers 2022: The People Shaping the Future of Libraries

    "I’d really like to be able to stop kicking off Movers & Shakers introductions by referring to the COVID pandemic. This is our third class to be honored amid coronavirus restrictions.

    But as higher vaccination rates and available antivirals allow more things to open up—including the return of in-person library conferences—we also see the evolution of the field’s response to the pandemic in the nominations. The 2020 Movers were largely nominated for pre-pandemic work, with profiles explaining how they adapted. The 2021 Movers featured those working through the height  of pandemic limitations. The class of 2022 is largely looking forward—not ignoring the ongoing toll and risks of the pandemic, but learning its lessons in self-care and care for others, and applying them to their future work, culture, and goals.

    Among this year’s 41 impressive examples, we see an increased focus on holding space for Indigenous ways of learning in libraries; an emphasis on service to patrons who are currently incarcerated or returning from incarceration; a deeper attention to accessibility; and a continuation of the crucial work of putting equity, diversity, and inclusion at the center of libraries’ internal culture as well as their outreach. We also see one-of-a-kind projects like the librarian in the football huddle, helping athletes learn; supporting small business through a value calculator and promoting curbside delivery; the transformation of a whole city’s approach to manga in schools; and even how to make something sweet out of a surprise nest of bees at the library. I hope you’ll be inspired as you read the following pages; I know I was.

    I would like to again thank our external judges (and members of previous Movers classes): Anna Avalos, Elizabeth Joseph, and JJ Pionke, for their expertise, thoughtful consideration, and patience as we fine-tune the process, as well as Veronda Pitchford for additional consultation and assistance. I thank our sponsors Baker & Taylor and D-Tech International USA for making this ambitious undertaking possible. And of course, I thank our project coordinator, Amy Rea, and in-house Movers judges, Matt Enis and Lisa Peet, as well as the many writers who craft these profiles, and our design team, Kevin Henegan and Irving umberbatch, who make them beautiful.

    One small change you may notice this year: After many years of holding the categories constant, this year we decided to eliminate the “Digital Developers” and have only five groupings. This hearkens back to the early days of Movers & Shakers, when the categories changed frequently. It’s not because we think technology is any less important to libraries than it has been—on the contrary. Technology is now so omnipresent, so baked in to so many initiatives, that it becomes increasingly arbitrary and difficult to decide whom to honor for their tools rather than their goals. You will see technology being used in innovative and thoughtful ways throughout all five Movers categories, as well as low-tech advances that are every bit as important to moving the field forward—and shaking it up! —Meredith Schwartz, editor-in-chief"

    Drabinski Wins 2023–2024 ALA Presidency; American Libraries, April 13, 2022

    American Libraries; Drabinski Wins 2023–2024 ALA Presidency

    "Emily Drabinski, interim chief librarian at the Graduate Center of the City University of New York, has been elected 2022–2023 president-elect of the American Library Association (ALA).

    Drabinski received 5,410 votes, while her opponent, Kelvin Watson, executive director of the Las Vegas–Clark County (Nev.) Library District, received 4,622 votes." 

    Monday, May 2, 2022

    The CASE Act for Libraries and Archives; Library of Congress; May 2, 2022

     , Library of Congress ; The CASE Act for Libraries and Archives

    "Calling all libraries and archives! You may have heard about the CASE Act and the establishment of the Copyright Claims Board, or CCB for short, a new forum for resolving copyright disputes involving damages of up to $30,000, staffed by experts in copyright law. But did you know that qualifying libraries and archives can preemptively opt out of participating in the CCB even before any claim is brought against them? Here is what you need to know.

    The Basics 

    The Copyright Office respects the important roles that libraries and archives play in our society. In fact, libraries and archives enjoy certain exemptions under copyright law, like lending hard copies of works to patrons or to other libraries. Libraries and archives also enjoy the unique opportunity to preemptively opt out of future CCB proceedings if they so choose. In other words, these organizations can decide that they will not participate in any claims brought against them in the CCB, so that copyright claims against them can only be brought in federal court. Libraries and archives are not required to preemptively opt out of proceedings. In fact, they may wish to not preemptively opt out, since the CCB is more cost-effective than federal court, and all claims are decided by three officers with copyright law expertise.

    Who Is Covered 

    Libraries or archives that qualify under 17 USC § 108 can elect to preemptively opt out. The preemptive opt out will apply not only to the institution but also to any employees acting within the scope of their employment. This means, if the institution has preemptively opted out, the CCB will not allow copyright claims against them or their employees to proceed.

    How to Preemptively Opt Out

    The process is simple. To preemptively opt out, libraries and archives must submit a form on ccb.gov and self-certify their qualifying status. Afterward, the institution will be added to a publicly available list on ccb.gov and will never be asked to participate in any future CCB proceedings. There is no fee associated with doing so, and the status does not need to be renewed. However, it should be noted that if a claimant serves a claim before the preemptive opt-out is posted online, the institution should then follow the directions provided in the served notice to opt out of that claim.

    If the Library or Archives Does Not Preemptively Opt Out

    Participation in a CCB proceeding is voluntary for everyone. Libraries and archives that do not preemptively opt out can still opt out of participating in a CCB proceeding on a claim-by-claim basis. Libraries and archives, like any other potential CCB participant, should consider the pros and cons of using the CCB as an alternative to federal court litigation. You can learn more about the claim-by-claim opt-out process at ccb.gov.

    Ready for more? Visit ccb.gov for more information on the preemptive opt-out option."