The Library's Legal Answer Book

Abstract

Henry reviews The Library's Legal Answer Book by Mary Minow and Tomas A. Lipinski.

MINOW, MARY, AND LIPINSKI, ToMAS A. The Library's Legal Answer Book. Chicago, IL: American Library Association, 2003. 361 p. $48.00. ISBN 0-8389-0828-4.

The Library's Legal Answer Book should find a home on every library administrator's bookshelf. Libraries face a host of legal questions daily: copyright, fair use, privacy, and Internet filters, to name a few. The purpose of this book is "to alert librarians about potential legal trouble... to set off some alarm bells so... the librarian can stay away from trouble with the law" (p. vii), especially in the public setting.

The authors-one a lawyer with a master's of library science, the other a librarian with a law degree-provide detailed answers, with case law citations, to more than 600 legal questions that might arise in the library. The questions are divided into nine areas: copyright, library Web pages, Internet filters and other restrictions, digital library resources and patrons with disabilities, privacy, meeting rooms and displays, professional liability, employment issues, and lobbying by nonprofit groups.

Each chapter begins with a list of the questions addressed in the section. This enables readers to determine quickly if answers to their questions might be in the chapter. A general overview of the topic is presented. Each question is then repeated in the chapter with pertinent discussion by the authors. This discussion ranges from a few sentences to over four pages, depending on the complexity of the issue. Each chapter has a reference list of the pertinent statutes and case law cited in the answers. In some cases, additional appendixes, such as the state-by-state library confidentiality statutes, are provided.

The most extensive discussion, 20% of the book, is devoted to the issues surrounding copyright, fair use, interlibrary loan, and patrons' usage as it relates to library liability in this area. The shortest chapter in the book is the chapter on filters and other restrictions on Internet access. The authors point out a challenge to the Children's Internet Protection Act (CIPA) was scheduled to be heard by the US Supreme Court as the book was going to press. The decision in the case (United States v. American Library Association) was handed down June 23, 2003. A full discussion of the decision can be found at www.ala .org/cipa/.

Designed as a reference to be used by librarians and their attorneys, the book does not claim to constitute legal advice. It should serve as a starting point for research on library-related issues. Scanning the chapters at leisure can provide a heads-up to administrators about potential trouble spots in their libraries. At first glance, the book appears to be of value only to public or academic libraries, but a closer reading reveals its usefulness to libraries of all types and sizes.