September 22, 2017

Daughters of the Republic of Texas Retain Control of Alamo Library Collection—for Now

The Daughters of the Republic of Texas (DRT) in September won at least a temporary victory in an ongoing battle for the control of the historical items held at the Daughters of the Republic of Texas Library—now known as the Alamo Research Center (ARC)—located in the historical Alamo complex in San Antonio. The dispute over the collection’s ownership began in July, when the Texas General Land Office (GLO) assumed ownership of the Alamo complex. On September 22 the 407th Judicial District of Bexar County granted the DRT a temporary injunction against the GLO until ownership of the 38,000 books, maps, and flags, artwork, and manuscripts collected by DRT over 70 years can be assessed.

U.S. Appeals Court Rules Google Book Scanning Is Fair Use

The Second Circuit Court of Appeals in New York ruled on October 16 that Google’s library book scanning project is protected by fair use and so does not constitute copyright infringement. The decision, which rejects the latest challenge in Authors Guild v. Google, a class-action lawsuit first filed in 2005, also held that Google’s provision of digital copies of the scanned books to participating libraries is non-infringing.

Update: Librarians Embroiled in Lawsuit Alleging Sexual Harassment

In a Statement of Claim dated July 15, 2014, Joe Murphy—a 2009 LJ Mover & Shaker—named librarians nina de jesus and Lisa Rabey as defendants in a civil lawsuit filed in Toronto, Ontario (de jesus is a Canadian citizen). Murphy is suing the two for $1.25 million in damages–$1 million for general defamation, and $250,000 for aggravated exemplary and punitive damages. On March 25, 2015, de jesus and Rabey both published retractions and apologies to the Team Harpy website, which had previously hosted their joint legal defense fund, as well as to their personal blogs and Twitter accounts.

Boston College Oral History Project Faces Ongoing Legal Issues

After years of ongoing legal issues, Boston College’s (BC) Belfast Project is again in the news. The Project, launched in 2001, is an oral history collection consisting of recorded interviews from participants in Northern Ireland’s 30-year civil conflict known as the Troubles.

One Kentucky Library District Upheld, But More Still in the Balance

The McLean County Public Library, a one-branch system in the tiny rural community of Livermore, KY, is a valid special taxing district, a state appeals court affirmed in a Jan. 30 decision, enabling it to continue raising revenue without voter approval. McLean County is one of almost 100 county library systems in Kentucky operating as a special taxing district, so the decision was welcome news for the entire Kentucky library community, which is still awaiting the outcome of another pending appeals court case challenging the funding mechanism.

Following Dismissal, Thomas Galante Sues Queens Library

Within 24 hours of being dismissed by the recently reconstituted Queens Library (QL) Board of Trustees on the evening of December 17, former QL President and CEO Thomas Galante announced via his lawyer Hillary Prudlo that he would sue for wrongful termination. The reorganized board had placed Galante on indefinite, paid administrative leave on September 11, citing an ongoing audit of QL’s finances by New York City comptroller Scott Stringer, and investigations by the city Department of Investigation (DOI) and the Federal Bureau of Investigation (FBI) regarding construction contracts awarded by the library.

Judge Dismisses Lawsuit by Removed QL Trustees Who Sought Reinstatement

Bringing apparent closure to a months-long fight for control of the Queens Library (QL) Board of Trustees, Judge Frederic Block of the United States District Court for the Eastern District of New York on Wednesday November 26 dismissed Arrington et al v. Katz, a lawsuit filed in August by six former QL trustees against Queens Borough President (QBP) Melinda Katz and New York State Attorney General Eric Schneiderman.

Copyright Incentives in the GSU Appeals Court Ruling | Peer to Peer Review

The word “incentive” appears ten times in the ruling issued last month by the Eleventh Circuit Court of Appeals in the Georgia State University (GSU) copyright infringement case, but it is slightly unclear in this rather odd opinion just who is the object of the incentive created by copyright. In seven of those ten instances, the incentive is clearly intended to benefit the author. But there are three sentences at the very end of the majority opinion (the other three uses of the word) where the court seems to interrupt its analysis to state that the incentive belongs to publishers, not authors. It is, I think, worth parsing this apparent contradiction in order to guess at how the trial court might think about incentives on remand.

Ex-Detroit Library Official Timothy Cromer Sentenced to Ten Years

Former Detroit Public Library chief administrative and technology officer Timothy Cromer was sentenced on September 16 to ten years in federal prison. He had been charged with taking more than $1.4 million in bribes and kickbacks from library contractors.

NYC Mayor Appoints First Replacement for Dismissed Queens Trustees

New York City Mayor Bill de Blasio on August 12 appointed Jukay Hsu, founder of the community development organization Coalition for Queens (C4Q), to the Queens Borough Public Library (QL) Board of Trustees. The appointment fills one of eight positions left vacant since July 23, when de Blasio dismissed two of the library’s trustees and Queens Borough President (QBP) Melinda Katz dismissed six.