GLC Legal and Ethical Principles 3 — Questions and Answers
Question 1: What does the doctrine of 'fair use' primarily allow under U.S. copyright law?
- Unlimited reproduction of any educational material
- Limited use of copyrighted material without permission under specific conditions (Correct answer)
- Free use of all government publications
- Unrestricted sharing of out-of-print works
Correct answer: Limited use of copyrighted material without permission under specific conditions
Fair use permits limited, unlicensed use of copyrighted works for purposes such as criticism, commentary, news reporting, teaching, and research.
Question 2: A patron asks the reference librarian to interpret whether their specific use of a copyrighted image is legal. What is the most ethically appropriate response?
- Provide a definitive legal opinion based on fair use factors
- Advise the patron to consult an attorney and offer general information about copyright (Correct answer)
- Tell the patron all image use is illegal without explicit permission
- Copy the image yourself and give it to the patron
Correct answer: Advise the patron to consult an attorney and offer general information about copyright
Librarians should avoid giving legal advice; the appropriate response is to refer the patron to legal counsel and provide educational information.
Question 3: Which principle requires librarians to treat all patrons equitably regardless of origin, background, or viewpoint?
- Utilitarianism
- Equity of access (Correct answer)
- Bibliographic control
- Confidentiality
Correct answer: Equity of access
Equity of access is an ALA core value requiring librarians to provide services without discrimination.
Question 4: A librarian is asked to create a course packet for a professor containing chapters from multiple copyrighted books. What is the primary legal concern?
- FERPA compliance
- Copyright licensing and reproduction rights (Correct answer)
- ADA accessibility requirements
- Patron confidentiality
Correct answer: Copyright licensing and reproduction rights
Reproducing substantial portions of copyrighted books for course packets requires permission or a license from the rights holders.
Question 5: Which of the following best describes 'weeding' in the context of library ethics?
- Removing materials that are outdated, damaged, or irrelevant according to professional criteria (Correct answer)
- Removing materials that are controversial or challenged by patrons
- Removing materials at the request of local political officials
- Removing materials that have not circulated in the past month
Correct answer: Removing materials that are outdated, damaged, or irrelevant according to professional criteria
Ethical weeding (deselection) is based on professional criteria such as currency, condition, and relevance—not community pressure or political requests.
Question 6: A library employee receives a gift from a vendor seeking to sell database subscriptions. According to ethical standards, what should the employee do?
- Accept the gift as a professional courtesy
- Disclose the gift to a supervisor and follow the institution's conflict of interest policy (Correct answer)
- Return the gift only if it exceeds $50 in value
- Accept the gift and exclude that vendor from consideration
Correct answer: Disclose the gift to a supervisor and follow the institution's conflict of interest policy
ALA's Code of Ethics and most institutional policies require disclosure of gifts from vendors to avoid conflicts of interest.
Question 7: The TEACH Act expanded which copyright exemption specifically for distance education?
- The first sale doctrine
- Section 110(2) of the Copyright Act (Correct answer)
- Section 107 fair use
- The DMCA safe harbor
Correct answer: Section 110(2) of the Copyright Act
The TEACH Act amended Section 110(2) of the Copyright Act to allow accredited, nonprofit educational institutions to transmit certain copyrighted works in distance learning.
GLC Legal and Ethical Principles 3
What does the doctrine of 'fair use' primarily allow under U.S. copyright law?