Monday, May 20, 2019

Article: Accused of ‘Terrorism’ for Putting Legal Materials Online

While judicial decisions, recorded by U.S. courts, have been held a being in the public domain, states have turned to legal publishers to make the materials available, and copyright has become an issue.  In 1888, the Supreme Court ruled that:
The whole work done by the judges consitutes [sic] the authentic exposition and interpretation of the law, which, binding every citizen, is free for publication to all, whether it is a declaration of unwritten law, or an interpretation of a constitution or a statute. Nash v. Lathrop, 142 Mass. 29, 35, 6 N. E. Rep. 559. In Wheaton v. Peters, at page 668, it was said by this court, that it was 'unanimously of opinion that no reporter has or can have any copyright in the written opinions delivered by this court; and that the judges thereof cannot confer on any reporter any such right.' What a court or a judge thereof cannot confer on a reporter as the basis of a copyright in him, they cannot confer on any other person or on the state.
In Georgia, the state believes it can stop someone from publishing court decisions, because of the annotations, which are not part of a judge's ruling.  A federal appeals court has rules against the state, and now the state has asked the Supreme Court to step in, even though it ruled on this in 1888. 

The New York Times has a good article on this and it is a fascinating read. Can a state limit who publishes court rules? Can it limit how much is published?  And if a state can control the dissemination of rulings, what affect will this have on its residents?

Monday, May 06, 2019

Can the search committee see you working in their environment?

Glass wall in Hotel Andaluz
Below is a post I wrote in the Facebook group Library Think Tank (#ALATT) on April 1 and it is now joke.  It is a post that I don't want to lose, so I'm placing it here.  (Please note that it has been updated to fix wording in a couple of places.)

Can the search committee see you working in their environment?

I'm currently on three search committees (and have been on many before this) and I know that we ask versions of this question when we are reviewing candidates. Does this person have the right skills, or can the person (quickly) develop the needed skills? Does the person's attitude mesh with ours? Is the person on the same trajectory as us? Is the person demonstrating that they want to fit in with us?
Yes, we review the person's resume/CV, interview the person, check references, etc., all with an eye towards whether the person is the correct person for this opportunity at this time. The person might not be ready.

Questions (for you to ponder) for those of you on the job hunt, how do you demonstrate to the search committee that you see yourself working in that environment? What is in your cover letter, which connects you to that environment and its needs? Do they see on your resume that you have the skills they are looking for? Through your interview (Skype, telephone, or on-site), can they see that you will fit in? Have you taken the time to learn something about that organization and do you use that information in your interview? If you have to give a presentation, have you inserted what you know about the organization?

When you ask about your piercings or hair color, what you are asking is whether the search committee and organization will see you as fitting in. When they look at everything about you (resume, etc.), will they see someone who belongs in their organization? Or do your materials, presentation, interview, etc. paint a picture of you such that the fact you have piercings or colored hair become the dominate piece of information about you?

Friday, April 12, 2019

#UNYSLA Spring Conference: What to do when things do not go according to the Project Plan!

Jeremy Cusker (Cornell University Libraries) talked through a collaborative journal subscription project, that was focused on lowering costs. He noted that when a vendor carries open access journals, that it doesn’t reduce the costs. He also noted that it wasn’t possible to be completely data driven.  Some selectors felt that how faculty felt about specific journals needed to be considered. 

The day then ended with a quick panel discussion with some of the presenters:
  • Jill Wilson
  • Erin Smith
  • Emily Clasper
  • Elaine Lasda
  • Jeremy Cusker
  • Kelly Johnson
One question they all answered was: What have you done when things go wrong?

Final thoughts

This was a wonderful day of learning about project management. It both reinforced what we knew, and allowed to gain new knowledge.  The event was held in the Erie Canal Museum, which was a nice location.  Lunch was catered by Scratch Farmhouse Catering, which was awesome.  The event was sponsored by EBSCO and Elsevier.  Thanks to the reps for coming to Syracuse and telling us about their products.

Next year is the Chapter's 75th anniversary!  I'm looking forward to the celebrations!

#UNYSLA Spring Conference: Adapting to Change: Revising the Plan

Erin Smith and Laura Benjamin (SU Libraries) undertook a massive endeavor to free up space in the Syracuse University Bird Library, which required shifting a high number of books. They needed to shift books from the second floor to make more space for students.  No books could be shifted outside of Bird Library and there wasn't enough time to do weeding.

Will the books fit?
  • They did a shelf count and they measured the collection 
  • They were only able to add 84 shelves, which was not enough.
  • While all the books would fit into the library, the shelf fill rate would be higher than recommended.
Who will do the work?  The fact that staff is unionized impacted that.  They were able to work through this issue.
The developed strategic fill rates for each call number based on growth.  They created four fill rate categories. 

They used an Excel spreadsheet to map every shelf in the library.  This was a ton of work, but it helped them recognize when their plan was not yielding the free space they expected.

They made a glossary so that all workers were calling things by the same names.

Erin and Laura talked us through an amazing 8-month project that was fraught with problems that crept in.  They found creative solutions for addressing the problems they encountered, including not having enough space.  The good news is that they got done on schedule.

Long term impacts
  • No extra room
  • Ongoing discussion on future plans for space
Broader takeaways
  • Solid planning gives you a framework to rely on, even when the project doesn’t play out as planned
  • Keep the goal and related projects in mind when making changes

#UNYSLA Spring Conference: Developing a Service Model

Kelly Johnson, Amelia Kallaher, and Sara Scinto-Madonich (all from Cornell University Libraries), used their experience with developing a systematic review service to discuss project management.  They do methodical and comprehensive literature synthesis. In creating their service, they met roadblocks along the way.

Road block 1: How to standardize our process? (Process standardization)
  • Identify problems and brainstorm solutions
  • Make sure the problems are clear
  • Establish workflows and designate responsibility 
  • There should be a coherent workflow
  • Embrace iteration
Road block 2: How to better manage our time? (Time management)
  • Create helpful resources
  • Get information into the hands of people when they need it 
  • They built tools into their libguide.  They put in the libguide information that they had normally covered face-to-face.
Road block 3: How to address misconceptions? (Patron Expectations)
  • They found that they needed to standup for themselves
  • Expectations and boundaries clearly defined
Road block 4: How to ask for and get help? (Getting help)
  • What happens when you’re spread too thin?
  • You need to advocate
  • Recruit additional help

#UNYSLA Spring Conference: Project Management Basics

Jill Wilson (ChaseDesign LLC) and Erin Rowley (University at Buffalo) presented on "Project Management Basics."

They reminded us that project management is not a hope.  It is also not an ongoing initiative.  Projects do have beginnings and ends.

The project manager controls and manages all aspects of any project.  The project manager has one job.

Main components of project management are:
  • Scope and charter: what is and is not. Be aware of scope creep.  The charter should help you keep things in bounds.
  • Time and task: estimating and tracking the time it takes to do all the things in order to complete the project.  What is the critical path?
  • Cost and procurement
  • Human resources 
  • Quality control and risk: risk assessment matrix
  • Stakeholders and communication: potential influence vs. potential interest.  How do people want to be updated?
They noted that it all overlaps!  In addition, not all components will be part of every project.

Then Jill and Erin noted one more thing: You need to close your projects.  Take the time to reflect, learn, and document.  Make it a formal closure. They suggested scheduling the closure meeting when you schedule the kick-off meeting.

#UNYSLA Spring Conference: Operationalizing Project Management

Emily Clasper, MLIS, PMP (University of Rochester) provided a humorous and iinsightful look at project management.  Her presentation is online (and below) at and it contains more information than she presented in her keynote.

Emily used the story of the old woman, who swallowed a fly, and then swallowing the spider to catch the fly.  Then she swallows a cat, a dog, a goat, a cow, and then a horse.  And then she died of course. (This is a children’s rhyme).  Project management can feel like you’ve solved one problem but the you have another one, that is bigger (like the horse).  Project management is a tool, but you need to consider the problem you are trying to solve.

What is the fly?  It could be:
  • Need to focus on strategic goals
  • Scarce resources
  • Frustration with the pace of change
  • Work is not done efficiently
  • No pathway to truly cross-functional world
Project management benefits can include:
  • Focused on strategic goals
  • Clear objectives
  • Efficient use of resources
  • Faster progress
  • Risk Management
  • Communication tools
She works in a library that has taken a project oriented approach.  They are successful, but it has surfaced unexpected impacts.

Challenges to address when you try to become more project oriented
  • Misunderstand project management - This has to do its setting expectations.  It is not a tool, set of documents,  a task list, a Gantt chart, a single method. It is a methodology and Emily provided her definition (slide 14).  She noted that there is a difference between project work and operational work.
  • Confusion with reporting and authority - managers coordinate the projects, but it will be people in specific silos who do the work. Communication in this structure can be slow. Some organizations use a projectized structure. There are dedicated project managers, who gather people to work on specific projects. In terms of structure, Emily talked about strong, weak, and balanced matrix.  You need to sort our organizational confusion.
  • Communication complexity - You cannot skimp on communication.  The number of communication paths becomes a problem. 10 people would have 45 communication paths!  Prioritize strong communications. Consider communication structures between projects. Where is your hub?
  • Cross departmental resources management 
  • Change management 
  • Career development
The last three, which she did not discuss, can come up later in an organization’s development.

#UNYSLA Spring Conference: Managing the Most Critical Project of All: Yourself

daffodilThe Upstate New York Chapter of SLA is holding its spring conference today (April 12) in Syracuse, NY. The conference theme is "Managing Projects: Tales from the Trenches."  Among the presenters are Elaine Lasda and me, who are talking about personal time management, or as our proposal said, "Managing the Most Critical Project of All: Yourself."  Rather than creating a handout, we are posting our resources here, so the links are clickable.  Enjoy.

Session Description

To successfully manage a project, you must be able to manage yourself.  Elaine and Jill will first introduce you to the tools and processes they use – including Toodledo, Trello, Bullet Journal, and Getting Things Done – to manage projects and bring short- and long-term goals to fruition.  Then they will prompt you to consider how you can improve on your current methods in order to excel in self-organization.

Session PowerPoint

Personal Time Management from Elaine Lasda and Jill Hurst-Wahl

Session Resources from Jill Hurst-Wahl

Getting Things Done

Bullet Journal

Session Resources from Elaine Lasda

·        Tools

·        Select “Guru” articles and blogs

·         Planners

·         Book

Addendum (9:15 p.m.): During the session, I mentioned this blog post entitled "Building a Team", which includes helpful links on being more effective with email.

Tuesday, April 02, 2019

Shifting Gears 2017

Sifting Gears report cover
In the past, I have referenced the OCLC report Shifting Gears, which was published in 2007 (Notes from NSLS' Digitization Symposium and The death of high fidelity?). That was an important report to me.  Last week, I was looking through the reports OCLC has published and found an updated version, published in 2017.  If you are involved in digitization, consider reading it, bookmarking it, and/or keeping it. You will not be sorry.

Friday, March 29, 2019

Article: European parliament votes for controversial copyright reform (yes, again)

According to TechCrunch:
The European Parliament has voted to pass a controversial reform of online copyright rules that critics contend will result in big tech platforms pre-filtering user generated content uploads.
This still needs to go through more approvals before being implemented. It is assumed this will be enforced beginning in 2021.  More information is available in this European Commission press release.

Friday, March 15, 2019

Libraries have a People Problem

Vancouver Public LibraryNo, I'm not talking about community members.

Libraries often attract people who want to work in that setting (and perhaps that specific library), and who then stay in their positions for a long time.  We frequently hear of library staff, who have been at the same library for decades.  Some may have been in the same position for decades.  The good news is that this creates a stable work environment and a stable staff may be just what the library needs in order to meet its goals.

Staff that is in place for a long time has the opportunity to really get to know the community.  They know the community's power structure, etc., and can get things done in a way that a newcomer might not.

Yes, a stable staff is a good.

But a stable staff does not necessarily allow people to develop the skills they might need to move into a position which has more responsibilities.  For example, when the director retires, does the assistant director - or perhaps a branch manager - have the correct skills and experience to move into the director position?

Number of Libraries in the U.S.

According the Public Library Survey data, there are 17,400 public library outlets in the U.S. (including central, branch, bookmobile, and books-by-mail-only outlets). That is almost one for every 19,522 cities in the U.S. or nearly 6 in each one of the 3,031 counties in the U.S.

ALA estimates that there are 116,867 libraries in the U.S., including public, K-12, academic, government, and armed forces.  If they were distributed evenly across the U.S., that would be 38 in each county.

Moving to Gain Experience

In some industries, it is common for people to move from organization to organization (or company to company) as a way of gaining more experience.  Those workers might be able to do that without changing geographic regions.  If you want to gain experience by moving to a different library, the choices in your geographic region may be limited, especially if you want to only work in one type of library (e.g., public).  go back and look at those numbers above. The choices could be further limited by civil service requirements. Thus gaining experience - or moving up in a library organization - may mean moving to a different region.  Given the wages paid in libraries, not everyone is able to move and take a new position, even if doing so mean gaining the knowledge, skills, and abilities which will lead to a better paying position in the future.

Yes, when someone leaves, there is someone available to take that person's place, although that person may not be totally prepared.  We need more people to be totally ready.  We need to somehow give more staff the experiences and training they need, in order to move into a new position when there is an opening and especially when that position is for a library director, branch manager, systems director, or state librarian.

Is There a Solution?

The solution clearly is not doing what we are already doing. That is not working.  Rather we need to transform our library hierarchies in a way that allow people to gain experience in different areas of a library, and with different levels of responsibilities. This would be akin to what some businesses do, in order to groom someone for upper management. Over the course of months and years, that person is giving different roles, responsibilities, and experiences which will give the person a deeper understanding of the organization and how it functions, as well as provide the person with the knowledge, skills and abilities to lead the organization in the future. In other words, the person is rotated through different jobs and departments. Giving someone this type of opportunity should not be done without accessing that this is the correct person to invest in.  Is the person committed to learning? Is the person interested in taking on a larger role? And the person should be assessed along the way, in order to know that this person is still someone who - after the effort is done - will be able to lead the organization. Perhaps, instead, the person will be a mid-manager (instead of a library director), where the training will still be of value.  This actually means training multiple people, because it could be that some will not complete it or will still not be ready for a leadership position.

That idea works in an organization that is not governed by civil service and in an organization where there are a variety of different roles.  For smaller libraries, perhaps there could be job sharing or job swapping.  Imagine swapping with someone at another library or being able to share a more challenging position (even at another library)?  That might be hard to pull off, but it could help build better staff and people who are ready to step into bigger roles.

As for civil service, I am not an expert on it and so cannot think of a way of giving people these types of opportunities in that environment.  I would hope it would be do-able, but it might require more work upfront to create an environment and structure for it.

Are there other solutions? You might have one (or two) and I hope you'll leave a comment to let us know what it is.

Yes, libraries have a people problem that needs to be fixed.  Since our future library leadership depends on having a good pipeline of people, let's work on a solution now!

Monday, February 25, 2019

ALA eCourse beginning March 4: US Copyright Law in the Library: A Beginner's Guide

From March 4-31, I'm offering an asynchronous eCourse on copyright through ALA Publishing eLearning Solutions.  After giving copyright webinars last year through ALA, I'm please to have been asked to deliver a four-week course entitled "US Copyright Law in the Library: A Beginner's Guide eCourse."  The description is below.  Registration information is on the ALA website.  The four weeks of course material, including materials to extend your learning, will provide approximately 28 hours of learning activity.  Participants will be able to interact with each other - and with me - during the course. I'm looking forward to the library-related copyright discussion that will develop!
ALA ecourse logo


The library is a hub of content, all of it subject to copyright law. The legal reality of copyright is dynamic—changes in technology have created a landscape that is constantly adapting and can be difficult to predict. If you don't have any formal training in copyright law, it can be intimidating to know how to answer your patrons' copyright questions and to know what you can and cannot do with your library’s content and resources. It can be tough to understand the line between providing information and answering a legal question.

In this new eCourse, consultant, speaker, writer, and educator Jill Hurst-Wahl guides you through the basics of copyright law and provides you with the foundation to become your library's copyright expert.

Each week, you'll learn how copyright law informs what libraries, library staff, and patrons can do with their materials and how you can stay up-to-date as this area evolves. You'll be able to check and affirm your knowledge through focused self-assessments.

Wednesday, February 20, 2019

Blog post: Copyright Office Ruling Issues Sweeping Right to Repair Reforms

This article from October 2018 written by Kyle Wiens on the efforts to secure the ability to repair our own digital devices, and the ruling which the U.S. Copyright Office gave.  The ruling regards Title 17, Section 1201 (Circumvention of copyright protection systems) and the Digital Millennium Copyright Act.   The article outlines in good detail:
  • Major new freedoms
  • Some bad news
  • The Fine Print
...and important discussion points and nuances.

If the repair of digital devices interests you or your community (including what might happen in makerspaces), be sure to give this article a read.

Monday, February 18, 2019

Aritcle: Working To Give Libraries More Actionable Information | Peer to Peer Review

In December, I wrote here about the iSchool Public Libraries Initiative (IPLI), which I began earlier in 2018. On February 7, Library Journal published an article by me about the IPLI, with contributions by MSLIS student researchers Heather Elia, Georgia Westbrook, and Sabrina Unrein (Unmanaged Mischief on YouTube).  The LJ articles gives a peek into what we have been doing. 

In the coming weeks, we'll be building out our website, with the goal of placing the results of our work there.  Yes, we will also be using social media, and are deciding which social media platform will be the best. (We do not want to spread our social media efforts to thin.)  I encourage to bookmark our website and check it for updates. 

text reads iSchool Public Libraries Initiative

Friday, February 01, 2019

Totally Off-Topic: Sample Interview Questions – Diversity and Equity

Five different colored hand prints
I am currently on three search committees.  While understanding what a candidate can be asked legally (for example, Minnesota State and, it is also important to ask questions which help the search committee understand the candidate's views on specific topics.  One of those topics is diversity.  These are sample interview questions from Northern Illinois University on diversity and equity.  I'm placing them here, so I can find them later. And they also might be of help to you.

Our recent history has shown that a person's understanding of diversity, equity, and inclusion should not be assumed.  Yes, be willing to ask questions of candidates about this, rather than being surprised.

Monday, January 28, 2019

Video: The State of Digital Preservation: A Snapshot of Triumphs, Gaps, and Open Research Questions

At the fall 2018 Coalition for Networked Information (CNI) Membership Meeting, Oya Y. Rieger and  Roger C. Schonfeld provided a 28-minute snapshot on the state of digital preservation.  Schonfled is the director of Ithaka' S+R, Libraries and Scholarly Communication Program and Rieger is a senior advisor to that program. 


Ensuring the long-term preservation of digital information for future users has been one of the key aspirations of the research library community. Ithaka S+R has been exploring the current state of digital preservation in order to identify research questions and areas for action. Based on interviews with 21 subject experts, we gathered perspectives on the successes, gaps, outstanding issues, and emerging needs in digital preservation. Although the conversations were open-ended, they were framed with questions to probe what seems to be working well now, new research workflows or cultural practices that require novel preservation strategies, and areas that need further attention and research. Our study shows areas of significant progress in the preservation landscape as the community has grown and has established important collaborations. However, the interviews revealed a number of concerns with the pace and nature of these developments and identified several issues that would benefit from further exploration. For this session, we plan to share what we have learned and gather feedback and additional perspectives, as we work to generate a research agenda for Ithaka S+R on digital preservation.

Monday, January 14, 2019

Wikiversity Page on Intellectual Property Education

Wikiversity logo
At the end of the fall 2018 semester, graduate students in "Copyright for Information Professionals" worked on creating a page with resources for learning more about intellectual property and copyright. This assignment, hosted through Wiki Education (WikiEdu), has now become a page in Wikiversity.

According to Wikiversity's homepage:
Wikiversity is a Wikimedia Foundation project devoted to learning resources, learning projects, and research for use in all levels, types, and styles of education from pre-school to university, including professional training and informal learning. 
Wikiversity has over 26,000 learning resources across a wide spectrum of topics.  Seeing the breadth of topics has made me realize that if you are learning a topic, you might want to check this site to see what resources it has.

And now among the Wikiversity resources in a page on intellectual property.  The lengthy page is divided into five sections:

  1. Governing Laws of Copyright
  2. Popular Topics
  3. Using What You Want to Learn as a Guide
  4. Training available on intellectual property laws in the United States
  5. Training available on intellectual property laws in other countries (non-U.S.)
This page will connect you to resources to learn more about intellectual property and specifically copyright.  It is not meant to be a comprehensive list.  However, since it is a wiki page, anyone can add resources and topics to it, and I hope people will.  Those could include books, webinars, classes, etc. on patents, trademarks, and trade secrets as well as copyrights.

Finally, thanks to the students would worked on this page, as well as staff and volunteers at WikiEdu, Wikipedia, and Wikiversity.  What a joy to have people who are passionate about creating shared resources under a Creative Commons license.

Friday, January 11, 2019

ALA eCourse: US Copyright Law in the Library: A Beginner's Guide eCourse

In March, I'm offering an asynchronous eCourse on copyright through ALA ALA Publishing eLearning Solutions.  After giving copyright webinars last year through ALA, I'm please to have been asked to deliver a four-week course entitled "US Copyright Law in the Library: A Beginner's Guide eCourse."  The description is below.  Registration information is on the ALA website.  The four weeks of course material, including materials to extend your learning, will provide approximately 28 hours of learning activity.

ALA ecourse logo


The library is a hub of content, all of it subject to copyright law. The legal reality of copyright is dynamic—changes in technology have created a landscape that is constantly adapting and can be difficult to predict. If you don't have any formal training in copyright law, it can be intimidating to know how to answer your patrons' copyright questions and to know what you can and cannot do with your library’s content and resources. It can be tough to understand the line between providing information and answering a legal question.

In this new eCourse, consultant, speaker, writer, and educator Jill Hurst-Wahl guides you through the basics of copyright law and provides you with the foundation to become your library's copyright expert.

Each week, you'll learn how copyright law informs what libraries, library staff, and patrons can do with their materials and how you can stay up-to-date as this area evolves. You'll be able to check and affirm your knowledge through focused self-assessments.

Wednesday, January 02, 2019

January 1, 2019: Public Domain Day

Yesterday published works from 1923 entered the public domain.  Yes, it is was Public Domain Day for real!  This article from  the Duke School of Law Center for the Study of the Public Domain gives a wonderful overview of what is now available. The works include:
As the Center's article states about the information they provide:
In an abundance of caution, our list above only includes works where we were actually able to track down the notice and renewal data suggesting that they are indeed still in-copyright until 2019. We’ve also compiled—to the best of our research capabilities—a fuller spreadsheet showing other renewed works from 1923. You can find it here. But we want to emphasize that this is only a partial collection; many more works are entering the public domain as well, but we could not find the legal minutia to confirm their copyright status. 
Yes, knowing when a work was indeed published is important, as well as if it complied with the copyright rules of that era.  Some works had already entered the public domain from 1923.  Some works aren't yet in the public domain.  It's complicated, but that's okay because the public domain really did get bigger!

Tattoos and Copyright - Again

At the end of 2018, the New York Times published "Athletes Don’t Own Their Tattoos. That’s a Problem for Video Game Developers." This is a story that is told periodically because of the popularity of tattoos and the ongoing lawsuits about them being displayed in video games.  Many athletes get tattoos before they are famous and before they in a players' union, which can give them advice.
Players’ unions, many of which license the players’ likenesses to video game publishers, and sports agents have advised athletes to secure licensing agreements before they get tattooed.
The need to acquire a licensing agreement before getting tattooed is important for anyone who is famous.  For some, that might mean going back and getting an agreement for an older tattoo.

For those who have no plans on being famous, you still might want to think about who owns your tattoo, especially those that are not from flash sheets or stencils.  For example, will the artist be agreeable if you decide to alter the tattoo in the future? I know that could be an awkward conversation to have, but you might approach it in terms of what the tattoo artist's expectations are of their work and that work's future.