Program recordings from the 2023 AALL Annual Meeting & Conference were sponsored by LexisNexis. Please note the opinions shared during the programs represent the views of the speakers and not of AALL.

Copyright’s First Sale doctrine is fundamental to how libraries operate because it allows libraries to lend materials they purchase to their patrons. How has the dramatic shift away from purchasing print materials and toward expansive electronic licensing agreements affected libraries’ use of this doctrine, and their ability to perform essential services? What does copyright law have to say about how we can respond to challenges that this change might create?

This program will explore the use of licensing agreements in law libraries, particularly discussing the fate of the Maryland licensing law and the attempts by other states to pass similar laws, and how copyright law interacts with licensing agreements.

TARGET AUDIENCE:

This program can potentially benefit any librarian, because it will discuss the significant role played by copyright laws and electronic resource licensing in the shaping of collection development decisions and the continuing shift to library collections dominated by digital materials that are managed by licenses. More specifically, it can help librarians who work in collection development and management by providing insight in legal information resource licenses.

TAKEAWAYS:

• Participants will be able to identify how copyright law interacts with licensing agreements and understand the related, but not identical, sets of rights and restrictions that govern how licensed resources can be used and distributed.
• Participants will be able to understand and evaluate the benefits, risks, and viability of current and proposed legislation to regulate pricing of electronic resource licenses through an analysis and review of the District Court’s finding in Association of American Publishers, Inc. v. Brian E. Frosh, which struck down legislation passed by the State of Maryland that required publishers to offer ebooks to public libraries on “reasonable terms” because it conflicted with federal copyright law.
• Participants will be able to incorporate their understanding of the Maryland decision and its implications and impact on decision-making practices such as purchasing and negotiating contracts for databases, ebooks, and other electronic resources at their respective institutions.

SPEAKERS:

• Kyle K. Courtney, Copyright Advisor, Harvard University
• Alan S. Inouye, Senior Director, Public Policy & Government Relations and Interim Associate Executive Director, American Library Association
• Anna Lawless-Collins (she/her/hers), Associate Director for Systems & Collection Services, Boston University School of Law

COORDINATOR:

• Christopher Lund (he/him/his), Principal Law Librarian, N.Y. Courts

MODERATOR:

• Christine Anne George (she/her/hers), Associate Director for Research & Scholarship, NYU Law Library

AALL BODY OF KNOWLEDGE DOMAINS: Information Management, Management + Business Acumen