Law library

“ In several States the librarian is appointed by the supreme court, as the State libraries are composed more largely of law books, than of miscellaneous literature, and special knowledge of case law, and the principles of jurisprudence, is demanded of the librarian.
Where the trustees of a public library are elected by the people, they have in their own hands the power of choosing men who are far above party considerations, and they should exercise it. ”

“ The law library has been described by Professor A. V. Dicey of Oxford as “the most perfect collection of the legal records of the English people to be found in any part of the English-speaking world.” There are department libraries at the Arnold arboretum, the Gray herbarium, the Bussey Institution, the astronomical observatory, the dental school, the medical school, the law school, the divinity school, the Peabody museum, and the museum of comparative zoology. In 1878 the library published the first of a valuable series of Bibliographical Contributions. ”

“ Withdrawal of books from Library of Congress The chief judge and associate judges of the United States Court of Appeals for the District of Columbia and the chief judge and associate judges of the United States District Court for the District of Columbia are authorized to use and take books from the Library of Congress in the same manner and subject to the same regulations as justices of the Supreme Court of the United States.
§ 138. Law library; hours kept open The law library shall be kept open every day so long as either House of Congress is in session. ”

“ In 1872 the Norfolk and Norwich Law Library, which had just been established, applied for the loan of between 30 and 40 legal works in the City Library, and the Council acceded to its request on condition that any person not a member of the Law Library should have access to the books, and that the books should be returned to the City Library on request. A list of the books lent was printed in the Catalogue of the Law Library published in 1874. ”

“ Law will at once occur to all as a subject for which it may be desirable to run two sets of headings. We have done this at the University of Minnesota, using the special Library of Congress law headings in the department catalog, and the regular Library of Congress headings in the general catalog. A point to be carefully considered in adopting more than one set of subject headings, moreover, is the possible confusion of mind that may be produced in the student, the exigencies of whose work require him to use more than one of the library catalogs. ”

“ An almost necessary rule in most libraries is that no book should be taken from the shelves by any person not employed in the library. The exceptions are of course, the books provided expressly for the free and open reference of the readers.
Another essential rule is that no writing or marks may be made in any library book or periodical; nor is any turning down of leaves permitted. A printed warning is important to the effect that any cutting or defacing of library books or periodicals is a penal offense, and will be prosecuted according to law. ”

“ Some time is also devoted to library work, with a view to familiarizing students with the use of a law library in the solution of practical questions. The purpose in view in the course is to give the student an elementary knowledge of the fundamental principles of law, with special emphasis upon those subjects a knowledge of which is essential to the proper understanding of his obligations and duties as a citizen and as an officer of the Army. ”

“ Libraries for schoolrooms, to be composed of reference books, books for supplementary reading, class duplicates, and professional books for teachers, should be provided for in the public school law. School funds should be used and school authorities should manage these libraries. The business of lending books for home use is better and more economically managed by a public library, having an organization that is independent of the school authorities. ”

“ It contains many provisions that make for economy in the public printing, but I will only mention what is of more immediate interest to the libraries of the country.
To begin with, the law will permit selection, at stated intervals, of the class of publications that a designated library is able or desirous to handle. What a relief that will be can best be appreciated by the officials in charge of the smaller libraries. It will serve them, and it will likewise save money to the Government. ”

“ And even outside the limits of such regulation, the personal sense of responsibility to the community that governs the actions of an honest merchant will prevent his attempting to satisfy certain wants that he believes would better remain unsatisfied. So, too, certain books are without the pale{32} of the law—they would be confiscated and the librarian would be punished if they were circulated. Beyond these there are many books that we do not circulate simply from our sense of general responsibility to the community. ”

“ The other surprise is that a profession so old and active as that of medicine should be so poorly represented in books. The lawyers have an average of about 2,400 books in their libraries, and the largest collections in the list are that of the Law Institute in New York, 20,000 volumes; Harvard School, 15,000; Social Law Library, Boston, 13,000; and Law Association of San Francisco, 12,500. No other reaches 10,000 volumes, and in fact the above deductions leave the others with about 2,000 volumes each. ”

“ Of Public Libraries first in order come the great libraries of a nation, such as the British Museum. These are supplied by means of the Copyright Law, but the librarians are not from this cause exonerated from the troubles attendant on the formation of a library. There are old books and privately printed and foreign books to be bought, and it is necessary that the most catholic spirit should be displayed by the librarians. ”

“ Here we may mote a difference between the free library and all merely commercial systems of distribution. As the purpose of the latter is to make money, wants are regarded rather than needs. But even with a store there are limitations. If any one wants an injurious article—for instance, a poison or an explosive—the law steps in to prohibit or regulate. ”

“ If a state already has a good library law which has worked and is working well and satisfactorily to all concerned, local libraries should be left in operation under the provisions of the law, precisely as the schools should be and generally are left, no matter what changes in the form of municipal government are contemplated or have been carried into effect. ”

“ This bane of political jobbery has not been confined to the libraries of States, but has invaded the management [340] of many city and town libraries also. We have yet to learn of any benefit resulting to those who use the libraries.
In the case of a few of the State libraries, trustees or library commissioners or boards of control have been provided by law, but in others, a joint library committee, composed of members of both houses of the Legislature, has charge of the library interests. ”

“ As the only library which is entitled to the benefit of the copyright law, by which copies of each publication for which the Government grants an exclusive right must be deposited in the National Library, this collection must become annually more important as an exponent of the growth of American literature. This wise provision of law prevents the dispersion or destruction of books that tend continually to disappear ”

“ There is one sure way to cure him of ever using the library again, and to persuade this time-pressed business man that the library is a plaything done up in red tape, and that is to send word to him that he must come personally to the library, sign an application, and wait for the book according to our library law. ”

“ Divine Law is evidently most fitly succeeded by Human Law, or Jurisprudence. The fulness with which the preceding section has been treated will enable me to pass very cursorily over this and its successors. I may be pardoned, however, one remark suggested by the introduction of a new division—that in the classification of a library it should be considered whether the scope of the collection is special or general. In arranging a mere collection of Law Books it would be proper to commence with works treating of the general principles of Jurisprudence. ”

“ In some cases endowed or university or royal libraries are recognized or partly supported by the State or the municipal authorities, but so far no European nation has passed a general library law which gives communities direct control of the establishment, organization and support of public libraries by means of a tax or rate. ”

“ Nonenforcement breeds disrespect for law, and unscientific making of laws leads to their disregard. So the earliest attempts to find a remedy contemplated merely the legislator and the official, bringing together for their use through the combined services of trained economists and of expert reference librarians the principles and foundation for contemplated legislation and the data as to similar attempts elsewhere. ”

“ It is interesting to note how few amendments except increase in appropriation have been made in library laws. This emphasizes the importance of careful framing of the law in the beginning. A study of the chief points of the law in other states with such changes as will adapt them to the conditions in the new state should always be made.
Five states report no amendment. Two report increase in membership of commission. Ten report increase in appropriation, or minor changes. ”

“ If the Librarian of Congress finds the existence of a controversy, the Librarian shall, pursuant to chapter 8 of this title, convene a copyright arbitration royalty panel to determine the distribution of royalty payments. During the pendency of such a proceeding, the Librarian of Congress shall withhold from distribution an amount sufficient to satisfy all claims with respect to which a controversy exists, but shall, to the extent feasible, authorize the distribution of any amounts that are not in controversy. ”

“ League to follow in giving aid in the organization of commissions in states now without them," and also a draft of "tentative provisions for a model library law to be used with the model commission law."
An A. L. A. committee of which Dr. Arthur E. Bostwick is chairman, has made a valuable report on points to be covered by a model law relating library to municipality, printed in the 1912 proceedings. The same committee has under consideration the drafting of the points covered into a model charter, and the League committee decided that action on its own part was unnecessary at present. ”

“ In the case of a nonprofit library, archives, educational institution, or public broadcasting entity, the court shall remit damages in any case in which the library, archives, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archives, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation. ”

“ The way copyright law is worded gives much latitude to activities such as preservation; to use of material for scholarly and research purposes when the user does not make multiple copies; and to the generation of facsimile copies of unpublished works by libraries for themselves and other libraries. But the law does not allow anyone to become the distributor of the product for the entire world. In today's electronic environment, publishers are extremely concerned that the entire world is networked and can obtain the information desired from a single copy in a single library. ”

“ Copyright ought to remain with the author, but as one moves forward globally in the electronic arena, a middleman who can handle the various rights becomes increasingly necessary.
The notion of copyright law is that it resides with the individual, but in an on-line environment, where a work can be adapted and tinkered with by many individuals, there is concern. If changes are authorized and there is no agreement to the contrary, the person who changes a work owns the changes. ”

“ To put it another way, the person who acquires permission to change a work technically will become the author and the owner, unless some agreement to the contrary has been made. It is typical for the original publisher to try to control all of the versions and all of the uses. Copyright law always only sets up the boundaries. Anything can be changed by contract. ”

“ Form of Notice for Phonorecords of Sound Recordings*
* Sound recordings are defined in the law as "works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a phonorecord. A phonorecord is the physical object in which works of authorship are embodied. ”

“ Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship *immediately* becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is considered to be the author. Title 17, Chap 1, Sec. 101 of the copyright law defines a "work made for hire" as:
+ (1) a work prepared by an employee within the scope of his or her employment ”

“ Thus, an owner of only an exclusive right would not be permitted to file an application in his or her own name as the copyright claimant, although he or she could submit an application. While the URAA authorizes the Office to adopt regulations permitting owners of restored copyrights to file for registration of the restored copyright, there is nothing in the URAA to suggest that parties who register a restored work are any different from those under existing copyright law and regulations. Moreover, it seems essential to retain the concept of claimant since authors may no longer be alive. ”