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LEGAL ISSUES
Section Editors: Bruce Strauch (The Citadel)
Jack Montgomery (Western Kentucky University)
Legally Speaking — Librarians, Publishers, and
Educators Help out During the Coronavirus Pandemic
by Anthony Paganelli (Western Kentucky University)
A
s a light spring rain falls, I am Samaritans are contributing to aiding those es online or as they distributed printed
currently writing this column in need and others are helping the best way copies to students without computers or
in my home while my wife is that they possibly can. Internet access. Some librarians have
conducting a Zoom meeting with her provided information via email, telephone,
colleagues, and the children are doing It was a very difficult situation. Natu-
video conferencing, websites, and through
rally, humans want to be helpful, but when
school work on their devices. I joked blogs. The University of Florida has
you are told that you could do more harm
with them that their new at home school is even created a Coronavirus Library Guide
called the “School of Constant Sorrow.” by reaching out and helping, it becomes
that has provided information for faculty
Of course, I thought it was funny, but they frustrating and depressing when you can’t.
regarding copyright as they transitioned
just rolled their eyes. Now it is called, the However, we are all doing the best we can
their course assignments online. This is a
“Paganelli Learning Academy.” through the knowledge and experiences
major way librarians are assisting teachers
that each of us possess. For instance,
While we are practicing “social dis- and students.
businesses are adapting to continue to pro-
tancing” during this global pandemic, I vide goods and services, manufactures are Librarians’ Statement
realized that we are witnessing an histor- changing their production lines to produce A statement was released on March 13,
ical moment. I can honestly say, I have medical equipment and supplies, and more 2020 by a group of academic librarians,
never witnessed such mass closures and people are thinking of other ways to con- public librarians, and library administra-
uncertainty in our communities, nor have tribute, such as people using their sewing tors that provided information regarding
I ever heard of “social distancing” until machines to produce masks. fair use and emergency remote teaching
March 2020. We have even encouraged
It has been good to see people coming and research. The authors noted that copy-
our children to periodically write in a
together and helping in the best way that right restrictions do not go away because
journal about their experiences, so they
they can. While librarians may not be able of “a public health crisis.” The statement
can share them with others in the future.
to physically reach out to our communities contends that the copyright law was creat-
This time has truly been frightening to
due to the restrictions, we have sprung into ed to help in this type of emergency based
encounter and endure.
action with our experience and wisdom. on the constitution’s goal “to promote the
The coronavirus or COVID-19 pan- Progress of Science and the useful Arts,”
demic is causing thousands of the deaths As librarians, we have many roles that
have been helpful to others during the which is through Fair Use.
across the world, healthcare systems are
stretched far beyond their capacities, it pandemic. The most notable way librar- Librarians were able to provide infor-
is crippling national economies, causing ians are helping are providing resources mation for teachers about the relief from
chaos amongst the masses, the sports and to teachers and students. Millions of copyright resources, which are provided
entertainment industry students across the world through the U.S. Code 17 § 108 Limita-
is taking a hiatus, are studying at home. tions on Exclusive Rights: Reproduction
and social interac- In the United States, by Libraries and Museums and U.S. Code
tions are changing teachers worked dili- 17 § 107 Limitations on Exclusive Rights:
rapidly. And during gently and swiftly to Fair Use. Section 107 is the most import-
this time, the world adjust their learning ant section for educators based on “the
is watching and outcomes and means purpose and character of use,” which is
praising health care of instruction to meet for non-profit educational purposes.
workers who are battling the new “Non-Tradi- As the authors of the statement noted,
the virus on the frontlines. tional Instructional” “It is evident that making materials avail-
They are risking their lives and initiative. In order able and accessible to students in this time
sacrificing time away from their loved to help provide these resources to their of crisis will almost always be fair use.
ones, as well as witnessing the devastation students, librarians stepped up to assist. As long as we are being thoughtful in our
that the virus leaves. Thousands of first Numerous librarians have reached out analysis and limiting our activities to the
responders are also placing themselves in to teachers and faculty to best assist them specific needs of our patrons during this
harm’s way to help others. Several good as they transitioned their learning resourc- continued on page 46
Against the Grain / April 2020 45In an effort to provide research in- and advocated for the heritage of the
Legally Speaking
formation for Coronavirus researchers region’s culture.
from page 45
and other similar research interests,
Taylor & Francis Group has created the
Future of Copyright in
time of crisis, copyright law supports our
“COVID-19: Novel Coronavirus Content a Public Crisis
uses.” The statement also included a link The pandemic continues to cause
Free to Access” site.” According to the
to resources for fair use and emergency thousands of deaths and is devastating
site, “Taylor & Francis is committed
remote teaching and research materials. national economies. People are changing
to helping public health authorities,
The statement concluded with infor- researchers, clinicians and the general the way we are interacting with each other,
mation for copyright holders. The authors public contain and manage the spread of especially as we communicate through
noted that the statement was in support the COVID-19.” The site “provides links Zoom and other devices. While most
of copyright laws, but the statement also and references to all relevant COVID-19 people can’t physically help, librarians,
mentioned the extreme situation and research articles, book chapters and infor- educators, publishers, researchers, and
pressure educators endured transitioning mation that can be freely accessed.” The even museum security guards are work-
materials and resources to their students company is also working with editors, ing diligently to provide resources and
due to the pandemic. Further information peer-reviewers, and researchers to ensure materials to students and our community
highlighted other resources for educators the information is prioritized. during this pandemic.
to seek, such as resources that were in The librarians’ statement regarding fair
public domain and already licensed online Museums Adapting use during a public health crisis brings
content. The American Alliance of Museums an issue to the foreground. While the
has also provided information for the pub- statement and the code itself is reassuring
Publishers Offer Relief
lic and those in the museums profession that people receive sufficient resources
As librarians offered assistance, pub- with resources and information regarding for educational purpose during times
lishers began to offer some relief for edu- the coronavirus that included educating of hardship, the situation does raise the
cators and book sellers. The Association the public on COVID-19 and preparing question of how to best handle copyright
of American Publishers released a list of for closures. The museums quickly issues during a public health crisis. In
education publishers that were providing realized the need to provide and engage other words, should there be an addition or
support for students and educators during their audiences through digital means as revision to the U.S. Code § 107 to provide
this pandemic. Many of the publishers the museums were being closed across exemptions on copyrighted materials for
issued statements and guidelines for fair the nation. educational purposes during a crisis.
use and offered benefits for librarians,
educators, and students for the remainder Same as libraries and publishers, the Fair use is an important part of U.S.
of the spring term. museums have begun to provide resources copyright law and it does provide some
for the public via online platforms, such as relief for educational purposes. Yet,
For example, Cambridge University websites and social media. The American fair use is a difficult law to assess. El-
Press has offered free online access to Alliance of Museums provided muse- kin-Koren and Fischman-Afori (2017)
their higher educational textbooks. K-12 ums four best options to engage patrons stated, “Applying the four factors of fair
institutions are also receiving some relief remotely, which were social media cam- use involves complex analysis, which
from Cengage’s National Geographic paigns, virtual streaming, virtual tours, may lead to unpredictable outcomes, thus
learning platforms and eBooks. and through artificial reality. For instance, failing to offer sufficient guidance to users
MacMillan Learning are offering people can take a virtual tour of the USS on whether a particular use is permissible.
college professors that had adapted their Constitution through the USS Constitu- Some users, especially risk-averse users
print books to receive free access to their tion Museum’s Facebook page, as well such as libraries or schools, may choose
online learning platforms for the remain- as a virtual tour of the Metropolitan Art to avoid certain uses which are otherwise
der of the term. In addition, MacMillan Museum. desirable and could promote copyright
Children’s Publishing Group has created A wonderful social media campaign goals simply due to uncertainty regarding
a “database of activities, educator guides, that went viral recently was the National the legal consequences.”
discussion guides, and other downloadable Cowboy & Western Heritage Museum Because fair use does not provide an
resources to make them easily accessible in Oklahoma City. The administrators exact amount of copyrighted material that
and shareable for booksellers, educators, gave their head of security Tim Tiller can be used before it is declared infringed,
librarians, and parents.” McGraw Hill charge of the museum’s social media there are various interpretations to the law,
has also provided assistance to educators accounts. His social media posts while which hinders some people and organiza-
and students. The list of publishers assist- touring the museum during its closure tions from maximizing fair use. Maybe in
ing is extensive. went viral, mostly because he had no clue the future, a revision could be added to 17
In addition to textbook assistance, about social media, which was quickly § 107 that would provide a more detailed
Chronicle Books are allowing librarians noticeable as he wrote the word “hashtag” amount of fair use that could be utilized
and teachers to read-aloud their titles for instead of the actual symbol. In fact his for educational purposes during a national
free. Librarians and teachers can read first post to Instagram stated, “I’m new crisis. The concept would most likely
their books either live or pre-recorded. to social media but excited to share what never enter legislation, but it is a thought.
Other read-aloud publishers include Dis- I am told is called ‘content’ on all of The Of course during this crisis, it is good that
ney Publishing Worldwide, Scholastic, Cowboy’s what I am told are ‘platforms’ publishers, authors, researchers, librarians,
Bloomsbury Kids, and Candlewick including the Twitter, the Facebook, and and educators are rising to the challenge
have specific guidelines regarding how the Instagram.” His social media posts and working within the law to provide af-
the books are read-aloud and presented. elevated the museum to a national level continued on page 48
46 Against the Grain / April 2020Is Sci-Hub Being Investigated by the FBI?
by Bill Hannay (Partner, Schiff Hardin LLP, Chicago, IL)
L
ast December, the Washington fully delayed extradition to the U.S. with about someone perceived by Big Business
Post ran an article reporting that court appeals, as recently as 2019. (or at least Big Publishing) as an Enemy
the Justice Department is inves- A prosecution of Ms. of the People. Such a report
tigating Alexandra Elbakyan and her Elbakyan and Sci-Hub would be more trustworthy if
Sci-Hub website for possible criminal could be even more prob- the nameless “people familiar
links to Russian intelligence agencies.1 lematic for the Department with the matter” were DOJ or
A hubbub immediately arose on the In- of Justice than prosecuting FBI officials, but the Post ar-
ternet. Academic and library-oriented the elusive Dotcom. Most ticle doesn’t say that. When
blogs breathlessly repeated the story, and importantly, it may be difficult to prove the the sources are in the DOJ, reporters
publication giant Elsevier issued a news essential element of a criminal copyright usually identify them as “Department of
release commending the probe.2 But is case: that the infringement was done “for Justice officials.”
there really an “investigation”? purposes of commercial advantage or The bottom line is that — for all the
Numerous blogs have repeated and private financial gain.” Unlike Megaup- storm and fury from publishers about Sci-
quoted the Washington Post article in the load, Sci-Hub is “free” and is expressly Hub’s massive copyright infringements
past month. Indeed, one of them (The operated for altruistic purposes, e.g., to ad- — it is questionable whether there is in
Geyser) stated that “The DOJ’s public vance scientific research. Ms. Elbakyan fact any governmental investigation of
announcement of an investigation strongly is often called a modern “Robin Hood.”6 criminal conduct by Sci-Hub.
suggests the investigators have found So the smart bet is that the government By the way, did you hear that the
enough evidence to not only proceed with is not seriously investigating copyright Trump administration has launched a
confidence, but to announce to the world violations by Sci-Hub. criminal investigation into Greta Thun-
that they’re proceeding.” In fact, there The Washington Post article highlights berg?
was no such announcement. instead the government’s “suspicion” that
There is no press release or other state- she may be working with Russian intelli-
ment on the U.S. Department of Justice gence to steal U.S. military secrets from William M. Hannay is a partner in the
website announcing such an investigation. defense contractors. The article does not Chicago-based law firm, Schiff Hardin
Nor have I found any subsequent confir- cite any proof of this occurring but in- LLP, and is a frequent contributor to
mation of such an investigation from any stead notes that “the scale of Elbakyan’s Against the Grain and a regular speaker
other newspaper. The only source cited operation has led experts to conclude that at the Charleston Conference. He can
in the Post article is that the information she is not operating alone and must have be reached at .
matter” who spoke “on the condition of So, is there a government investigation
anonymity.” (For her part, Ms. Elbakyan or not? The only evidence that there is one Endnotes
is quoted as calling the Post article “balo- is from unnamed “people familiar with the
ney.”) Let us ask whether it is likely that 1. https://www.washingtonpost.com/
matter.” Should you trust such unnamed national-security/justice-depart-
there is an investigation. sources? Maybe… maybe not. In order ment-investigates-sci-hub-found-
Of course, it’s possible that the FBI is to trust the information from unnamed er-on-suspicion-of-working-for-rus-
investigating Sci-Hub. The company is sources, you have to start with trusting the sian-intelligence/2019/12/19/9dbc-
engaged in massive copyright infringe- reporter(s) who accepted and published b6e6-2277-11ea-a153-dce4b94e4249_
the information. story.html
ment, as the federal District Court in
New York City found when it entered a Here, the two Post reporters are expe- 2. https://www.elsevier.com/connect/
allegations-linking-sci-hub-with-rus-
$15 million civil judgment against the rienced in covering national security sto- sian-intelligence
website two years ago in a suit brought ries, so presumably they’ve been around
3. Elsevier Inc. v. Sci-Hub, No. 15-cv-
by Elsevier.3 And federal law includes the block enough to know whether to 4282, 2017 WL 3868800 (S.D.N.Y. June
criminal sanctions to protect copyrighted trust their sources. The Post is sensitive 21, 2017).
works, providing that “[a]ny person who to using unnamed sources: anonymous 4. 17 U.S.C. § 506(a).
infringes a copyright willfully and for pur- sources can be overused and abused.
5. https://archives.fbi.gov/archives/
poses of commercial advantage or private But the Post does have a reputation for news/pressrel/press-releases/justice-de-
financial gain” shall be punished up to five honesty and integrity to uphold — think partment-charges-leaders-of-megaup-
years in prison.4 Pentagon Papers and Watergate — and its load-with-widespread-online-copy-
The government used this statute in editors know that sources who are afraid right-infringement
2012 to indict “Kim Dotcom” for criminal to identify themselves have in the past 6. Science correspondent John Bohan-
copyright infringement, as well as money provided key information that exposed non sums up the creation of the controver-
grave government failings. sial Sci-Hub as “an awe-inspiring act of
laundering, racketeering, and wire fraud.5 altruism or a massive criminal enterprise,
(Dotcom aka Kim Schmitz is the founder On the other hand, this is not a “whis- depending on whom you ask.” https://
of the now-defunct music and video file tleblower” situation where unnamed www.sciencemag.org/news/2016/04/frus-
hosting service Megaupload.) Schmitz sources have disclosed government or trated-science-student-behind-sci-hub
resides in New Zealand and has success- corporate misconduct. It’s information
Against the Grain / April 2020 47Questions & Answers — Copyright Column
Column Editor: Will Cross (Director, Copyright & Digital Scholarship Center, NC State University Libraries)
ORCID: 0000-0003-1287-1156
T
here’s a comic that was often seen of questions about how we understand situation where neither physical access
taped on the doors of my law copyright and implement policy during nor established licensing models can be
school copyright professors way the prolonged period of social distanc- applied to education and research. In
back in the mid-2000s. It featured a stick ing that began in my neck of the woods response, many educators, researchers,
figure person sitting peacefully under a in early March 2020 (much later than and librarians have turned to fair use to
tree and looking out at a beautiful blue many other nations) and is expected to fill this exigent, time-limited gap. As li-
sky. A thought bubble appears over their continue throughout the spring and into brarian-lawyer April Hathcock has noted,
head reading “sometimes, I just can’t get the summer (and perhaps longer still, de- “fair use is made for just these kinds of
outraged over copyright law.” (You can pending on a number of factors). While contingencies.” The center of gravity for
see it here: https://xkcd.com/14/ and tape questions about balancing copyright many practices is articulated in a statement
it to your own door if you like — it’s law with other legal and human consid- shared by a group of leading copyright
openly licensed!) That comic has been erations may be better-answered by an experts working in libraries called the
going through my head a lot as the global ethicist or religious official, I think this “Public Statement of Library Copyright
community has been dealing with the moment also brings into focus the ways Specialists: Fair Use & Emergency Re-
COVID-19 outbreak that has closed the that copyright is flexible by design so that mote Teaching & Research” and available
doors of my own institution and of most it can accommodate good practice even at https://tinyurl.com/tvnty3a.
non-essential services around the world. during a moment like this. The statement articulates the power
How much does copyright matter when QUESTION: An instructional librar- of fair use to support public purposes
people are in mortal danger or locked ian asks, “How does copyright apply to such as education and the way that power
away from society for months or longer? supporting online instruction increases in moments of crisis. It walks
How can we understand and respect during global pandemic?” through the four statutory fair use factors,
the values of copyright in a grounding analysis in the first factor’s
ANSWER: In many
way that also recognizes the questions about the purpose of the use as
ways, online instruction
complexity of applications well as the importance of checking for and
is entering uncharted
in these unprecedented relying on licensed alternatives but notes
waters right now since
times? that a “lack of time to check for licenses
U.S. law has few mod-
With these issues in els for applying mod- should not be a barrier to meeting the
mind, I’ve selected a set ern copyright law to a needs of our communities.”
The statement offers a set of approach-
es to mitigate risk and suggests caution
around circumvention of technical protec-
tion measures. Finally, it ends by encour-
Elkin-Koren, N. and Fischman-Afori, aging use of already-licensed online con-
Legally Speaking
O. (2017). Rulifying Fair Use. Arizona tent, openly licensed and public domain
from page 46
Law Review, 59(1), 161-200. alternatives, and of working with content
fordable options for our teachers, students, Library Statement. (2020). Public vendors to find mutually agreed-on ways
and our communities. Stay safe! statement: Fair Use & Emergency Re- to expand existing access to support social
mote Teaching & Research. Retrieved distancing for instruction and research.
References from https://docs.google.com/docu- Individual lawyer-librarians such as
AAP. (2020). COVID-19 Response. ment/d/10baTITJbFRh7D6dHVVvfgiG- the University of Minnesota’s Nancy
Association of American Publishers. P2zqaMvm0EHHZYf2cBRk/mobilebasic. Sims, University of Illinois’ Sara Ben-
Retrieved from https://publishers.org/ Taylor and Francis. (2020). son, and Harvard’s Copyright Advisor
aap-news/covid-19-response/. COVID-19: Novel coronavirus content Kyle Courtney have blogged, podcasted,
American Alliance of Museums. to free access. Retrieved from https:// and offered webinars about the way that
(2020). Using digital platforms to remain taylorandfrancis.com/coronavirus/. copyright law supports public service.
connected to audiences during closures. Yorio, K. (2020). A crisis: as in Courtney calls these copyright exceptions
Retrieved from https://www.aam-us.org/ school closures due to coronavirus-jus- “library superpowers” that allow librari-
programs/about-museums/using-digi- tifies fair use, says librarians. School ans to respond to this crisis in ways that
tal-platforms-to-remain-connected-to-au- Library Journal. Retrieved from https:// support their statutorily supported role as
diences-during-quarantines/. www.slj.com/?detailStory=librari- stewards of access for the communities
Collins, P. (2020). Getting your course ans-address-copyright-concerns-ar- they serve. Individually and collectively,
online during COVID-19. University of gue-fair-use-applies-amid-academic-clo- libraries have embraced this role and
Florida Libraries Guides: Copyright on sures-coronavirus-covid19. worked to scan materials even after physi-
Campus. Retrieved from https://guides. cal buildings were closed and to build sys-
uflib.ufl.edu/copyright. tems for interlibrary loan and scanning at
continued on page 49
48 Against the Grain / April 2020QUESTION: An academic publisher expressed concerns about the terms of use
Questions & Answers asks, “How can publishers, libraries, for some of these materials, particularly
from page 48 and other institutions make materials where an account must be created so that
they control or hold available to users personal or institutional data is harvested
a distance. One example of this approach during this crisis while still respecting from each user and in cases where a “free
can be found in a recent webinar from the copyright’s scope and boundaries?” trial” is accompanied by an automatic
Association of Southeastern Research renewal with immediate billing at unfa-
Libraries (ASERL) called “Yes You ANSWER: To meet the needs of
vorable terms. As everyone works to find
Can Scan That Textbook,” that offered educators, scholars, and others who need
the right balance of access and mission, a
copyright guidance and practical tips for access to materials they can’t physically
simple way to share is the Open COVID
libraries. It is available on their archive obtain, many institutions that either hold
pledge available at https://opencovid-
at: http://www.aserl.org/archive/. physical resources or control copyright are
pledge.org/. The pledge is a commitment
looking for ways to facilitate access and
The through line for all of these ap- to make copyright and related intellectual
use. Unsurprisingly, different stakeholders
proaches is the exigency and immediacy property openly available for a limited
are exploring a variety of distinct approach-
of the crisis and the inability of libraries, time. It can be implemented in a variety
es. A tremendous number of publishers
educators, and scholars to rely on the tradi- of ways including the suggested “Open
have opened up access to some or all of
tional mechanisms built into copyright and COVID License” that makes all IP avail-
their materials, many of which have been
licensing such as physical access enabled able “until one year after WHO declares
collected at sites like Vendor Love in the
by first sale or negotiated permission. The the COVID-19 Pandemic to have ended.”
Time of COVID-19 (https://tinyurl.com/
Public Statement discussed above explicit- vendorsupportedaccess). Initially, this Digital libraries such as the Hathi
ly notes that “we also encourage campuses access was granted for the duration of the Trust and Internet Archive have also
to begin contemplating the longer-term current spring semester, but as more and worked to facilitate lawful access in ways
needs this situation presents. While fair more institutions announce that social dis- that align with their individual missions.
use is absolutely appropriate to support tancing will continue into the summer, the In April the Hathi Trust offered their
the heightened demands presented by this duration of this limited access may change. Emergency Temporary Access Service
emergency, if time periods extend further, (ETAS), “which will allow students,
campuses will need to investigate and While this access has been critical for faculty, and staff from eligible member
adopt solutions tailored for the long-term.” research and teaching, some users have continued on page 50
Against the Grain / April 2020 49unlimited access to in-copyright works, reading aloud online. To clarify the ways
Questions & Answers which does not follow the one-in-one-out in which fair use supports this practice,
from page 49 limitations of even emerging systems like a group of copyright experts and educa-
Controlled Digital Lending (controlled- tors have developed and shared a guide
libraries to have online reading access to digitallending.org). to translating classroom practices and
materials that are currently unavailable to
While both Hathi’s ETAS and the In- taking advantages of new technologies
them in their library collections.” In their
ternet Archive’s NEL offer digital access to improve teaching and learning, reach,
full statement, Hathi emphasizes that this
in a time-limited fashion as a response and equity. (https://tinyurl.com/read-
access would be limited to libraries that
to an unprecedented crisis, the differing aloud-online)
were experiencing “unexpected or invol-
untary, temporary disruption to normal approaches reflect the culture of the re- The guide lays out the many trans-
operations” and stressed that they were spective institutions. Popular responses formative purposes of reading aloud and
offering what they called a “careful and may also suggest the central importance walks through specific practices that are
measured approach to this service, con- of a library as a “steward of access” to a likely to fit within the ambit of fair use
forming to fair use under U.S. copyright particular community and the values of such as “reading students in to” the virtual
law, in order to help students, teachers, librarianship more broadly. classroom or students reading aloud to
and researchers continue to do their vital QUESTION: A school librarian develop and demonstrate mastery. It also
work.” The full statement and details asks, “Many of my teachers and fellow offers several examples of practices that
about the program is available at: https:// librarians use reading aloud as a central are not clearly enabled including reading
www.hathitrust.org/covid-19-response. component of our educational work. a textbook aloud as a way to replace
Does copyright permit us to continue purchase of commercial course materials
In contrast to this relatively mod- or running a public site unconnected to a
erate approach, the Internet Archive this practice digitally during this global
pandemic?” particular course that profits from adver-
announced their National Emergency tising revenue.
Library (NEL) at Archive.org/NEL in ANSWER: While the earlier discus-
mid-March. The NEL suspends the sion in this column about openly-available While the statement was released in the
waitlist for books available from the In- resources and educators’ reliance on fair wake of the transition to online learning
ternet Archive “through June 30, 2020, use offers part of an answer, this question to facilitate health during a time of crisis,
or the end of the U.S. national emergency, about reading aloud provides an excellent it is not presented as time-limited or even
whichever is later.” The NEL also offers example of these issues in practice, as well primarily as a response to COVID-19.
individual authors the ability to opt out as a model for a path forward. Reading For many students with disabilities, facing
by sending an email to with “National Emergency Library many authors and publishers have explic- digital divide, or otherwise marginalized
Removal Request” as the subject line. itly stated their support for reading aloud in our society, it is always an emergency.
digitally during COVID-19. In a moment of global crisis, aggressive
Some libraries such as MIT enthusi- fair use and generous licensing can save
astically endorsed this approach while Regardless of any formal statements the day, but publishers, librarians, and
many publishers and authors decried it as from a rightsholder, reading aloud is also educators can and should be working to-
“outright piracy.” Dialogue around NEL a practice that fits comfortably within the gether every day to be sure that we are all
became so heated that threats of violence scope of fair use when done as a transfor- meeting our mission to teach, learn, and
and intimidation forced IA to make their mative, noncommercial practice. Despite grow as a society.
list of endorsers private. Criticism often that fact, many school librarians have
centered around the fact that NEL is not expressed uncertainty or even outright
affiliated with a physical library and offers disagreement with a fair use rationale for
50 Against the Grain / April 2020You can also read
