GLC Legal and Ethical Principles 4 — Questions and Answers
Question 1: Under Georgia's Open Records Act, which type of library record is generally exempt from public disclosure?
- Library budget documents
- Library board meeting minutes
- Patron circulation and registration records (Correct answer)
- Annual statistical reports
Correct answer: Patron circulation and registration records
Georgia's Open Records Act exempts patron registration and circulation records from public disclosure to protect patron privacy.
Question 2: A library wants to digitize a collection of local historical photographs taken in 1920. What copyright status should the librarian verify first?
- Whether the photographs are registered with the ALA
- Whether the works are in the public domain based on publication date and copyright renewal (Correct answer)
- Whether the photographer is still alive
- Whether the photographs contain images of minors
Correct answer: Whether the works are in the public domain based on publication date and copyright renewal
Works published before 1928 are generally in the public domain in the U.S., but librarians must verify publication date and copyright renewal status.
Question 3: Which section of the ALA Code of Ethics addresses a librarian's obligation to distinguish personal convictions from professional duties?
- Section I – service to highest quality
- Section VII – personal convictions vs. professional obligations (Correct answer)
- Section III – patron privacy
- Section V – intellectual property
Correct answer: Section VII – personal convictions vs. professional obligations
Section VII of the ALA Code of Ethics states that librarians must distinguish between their personal convictions and professional duties and not allow personal beliefs to interfere with service.
Question 4: What is the primary purpose of a library's Internet Use Policy?
- To maximize internet speed for all users
- To establish rules governing patron use and limit library liability (Correct answer)
- To require patrons to create user accounts
- To comply with HIPAA regulations
Correct answer: To establish rules governing patron use and limit library liability
An Internet Use Policy sets behavioral expectations for patrons, protects the library from liability, and documents compliance with applicable laws such as CIPA.
Question 5: A school librarian in Georgia is asked by a parent to see the reading records of their 14-year-old child. What should guide the librarian's response?
- Georgia patron confidentiality law, FERPA, and the library's own privacy policy (Correct answer)
- COPPA, since the child is under 18
- The parent always has an absolute right to all records
- Only FERPA applies; state law is irrelevant
Correct answer: Georgia patron confidentiality law, FERPA, and the library's own privacy policy
The librarian must balance Georgia's patron confidentiality statutes, FERPA rights of parents over minor educational records, and institutional policy.
Question 6: Which legal concept protects libraries from copyright infringement liability for infringing content uploaded by patrons to library-hosted websites?
- First sale doctrine
- DMCA safe harbor provisions (Correct answer)
- Fair use
- Creative Commons licensing
Correct answer: DMCA safe harbor provisions
The DMCA safe harbor (Section 512) protects online service providers, including libraries, from liability for user-uploaded infringing content if they respond promptly to takedown notices.
Question 7: When a librarian faces a conflict between a patron's request for help with legal research and a concern that the purpose may be harmful, what is the most appropriate ethical approach?
- Refuse service immediately to avoid liability
- Provide the requested legal information without making judgments about the patron's intent (Correct answer)
- Report the patron to law enforcement before assisting
- Ask the patron to explain the purpose before deciding whether to help
Correct answer: Provide the requested legal information without making judgments about the patron's intent
Librarians should provide requested information without judging patron intent; it is not the librarian's role to police how information will be used.
GLC Legal and Ethical Principles 4
Under Georgia's Open Records Act, which type of library record is generally exempt from public disclosure?