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All materials in this journal subject to copyright by the American Library Association may be used for the noncommercial purpose of scientific or educational advancement granted by Sections 107 and 108 of the Copyright Revision Act of 1976. Address usage requests to the ALA Office of Rights and Permissions. FEATURE E T H I C S E T H I C S T O DAY T O DAY 36 Knowledge Quest | Intellectual Freedom All materials in this journal subject to copyright by the American Library Association may be used for the noncommercial purpose of scientific or educational advancement granted by Sections 107 and 108 of the Copyright Revision Act of 1976. Address usage requests to the ALA Office of Rights and Permissions. E T H I C S E T H I C S AArree OOuurr PPrriinncciipplleess TTOODDAAYY SSttiillll RReelleevvaanntt?? Martin Garnar [email protected] Volume 44, No. 1 | September/October 2015 37 All materials in this journal subject to copyright by the American Library Association may be used for the noncommercial purpose of scientific or educational advancement granted by Sections 107 and 108 of the Copyright Revision Act of 1976. Address usage requests to the ALA Office of Rights and Permissions. In 1939 technological advances not share the same commitment to We respect intellectual property included the first handheld free access to information. For this rights and advocate balance between electric slicing knife, the first mass- reason, it is important for COPE to the interests of information users and produced helicopter, and the first be aware of current ethical concerns rights holders. (ALA 2010) [italics transmission of a picture via a cable and provide guidance to librarians. added to indicate new text] system (Science and Technology 2001). That year also saw the first In preparing the ninth edition of This change was adopted by the Code of Ethics adopted by the ALA’s Intellectual Freedom Manual, the ALA Council, but the text of Article American Library Association editor interviewed librarians to IV was still the only guidance (ALA OIF 2010, 311). Can an determine if there were new areas of on anything related to copyright ethical code first promulgated the concern that needed to be addressed from a perspective of intellectual year World War II began freedom or ethics. In 2013 remain relevant more COPE began working than a decade into the with other ALA offices, twenty-first century? This committees, and experts article will demonstrate TThhee CCooddee ooff EEtthhiiccss iiss aann to draft a statement on why our ethical principles copyright. COPE used the are more important than model of interpretations ever and will inform the aassppiirraattiioonnaall eexxpprreessssiioonn of the Library Bill of reader about the latest Rights, which provides developments related to an opportunity to expand ooff oouurr ccoorree pprriinncciipplleess,, the Code of Ethics. upon concepts found within the Library Bill Overseen by the of Rights without having aanndd iinn eevveerryyddaayy ssiittuuaattiioonnss Committee on Profes- to alter the original sional Ethics (COPE), document. After months the Code of Ethics of the lliibbrraarriiaannss mmaayy ssoommeettiimmeess of drafting, public American Library Asso- comment periods, ciation outlines the key and revisions, COPE concerns of the library nneeeedd aassssiissttaannccee iinn presented “Copyright: An profession, including Interpretation of the Code our commitment to equal of Ethics” to the ALA ttrraannssllaattiinngg tthhoossee and equitable access to Council, which adopted information, our opposi- the statement at the 2014 tion to censorship, our ALA Annual Conference pprriinncciipplleess iinnttoo aaccttiioonnss.. protection of privacy, and (ALA 2014). our nuanced relationship with copyrighted infor- The copyright inter- mation. It is not a static pretation goes beyond a document; indeed, it has statement of principles changed significantly to provide clear guidance over the years, with the version by the manual (Magi 2013). One regarding the expectations and most familiar to current librar- issue that rose to the top was responsibilities of librarians. It ians dating to 1995. The Code of copyright. While the 1995 revision defines copyright for the purposes Ethics is an aspirational expres- of ALA’s Code of Ethics included of librarians, and describes the sion of our core principles, and in a reference to intellectual property special privileges accorded to librar- everyday situations librarians may for the first time (in Article IV: “We ians in the context of appropriate sometimes need assistance in trans- respect intellectual property rights”), use of copyrighted materials. After lating those principles into actions. no further guidance was provided at enumerating the rights of libraries School librarians, who are often that time (ALA 1995). In response regarding the creation of copies and the only library professionals in to feedback from the profession, the preservation of information, their buildings, may have to explain in 2008 COPE recommended the the copyright interpretation also defense of controversial materials expansion of Article IV to read as outlines the expectations for librar- to colleagues—some of whom may follows: ians’ professional competencies 38 Knowledge Quest | Intellectual Freedom All materials in this journal subject to copyright by the American Library Association may be used for the noncommercial purpose of scientific or educational advancement granted by Sections 107 and 108 of the Copyright Revision Act of 1976. Address usage requests to the ALA Office of Rights and Permissions. related to copyright. These include • “We provide the highest level of Rights and Privacy Act (FERPA) the expectation for librarians to: service to all library users…” and state laws, school librarians [Article I]— Without librarians in have a challenging time when …remain informed about every school, service to students it comes to protecting student copyright developments, and teachers will be diminished. privacy (Adams 2014). particularly those that can limit Numerous studies have shown • “We treat co-workers and other or restrict the rights of users the connection between school colleagues with respect, fairness, or libraries. Librarians should librarians and academic and good faith…” [Article V]— develop a solid understanding achievement (Lance and Russell There is a timeless need to remind of the purpose of the law and 2004). everyone about the expectations knowledge of the details of for professional conduct, the law relevant to especially when staffing is the activities of the stretched thin due to tight library, the ability budget situations. to critically analyze circumstances relying TThhee ccooppyyrriigghhtt • “We do not advance private on fair use or other interests at the expense of limits to the rights library users, colleagues, of copyright holders, iinntteerrpprreettaattiioonn ggooeess or our employing and the confidence institutions” [Article VI]— to implement the law Like all other librarians, bbeeyyoonndd aa ssttaatteemmeenntt ooff using good judgment. school librarians must (ALA 2014) conform to expectations regarding the separation pprriinncciipplleess ttoo pprroovviiddee These expectations clearly of our professional define librarians’ role as responsibilities and any copyright experts within cclleeaarr gguuiiddaannccee rreeggaarrddiinngg private interests, such as their institutions. While side businesses and family this role may seem daunting, ownership of potential many sources can help tthhee eexxppeeccttaattiioonnss aanndd vendors. librarians stay informed. • “We distinguish between Carrie Russell’s Complete our personal convictions rreessppoonnssiibbiilliittiieess ooff Copyright for K–12 Librarians and professional duties and Educators [ALA 2012] and do not allow our is an excellent resource lliibbrraarriiaannss.. personal beliefs to for learning more about interfere…” [Article scenarios specific to the VII]—School librarians school library environment. must leave their personal In addition, Copyright Law opinions and beliefs at for Librarians and Educators • “We uphold the principles of home, and must assure by Kenneth Crews [ALA 2012] intellectual freedom and resist all that their collections and provides detailed information about efforts to censor library resources” services are not influenced copyright law and its implications [Article II]—School libraries by their personal beliefs. for librarians in all types of continue to have more challenges • “We strive for excellence in the institutions. to collection materials than profession by maintaining and any other type of library (ALA enhancing our own knowledge Copyright is one of many issues 2015). School librarians are the and skills, by encouraging the addressed by the Code of Ethics front lines of defense for keeping professional development of (ALA 2008) that have continuing materials in our libraries. co-workers, and by fostering the relevance. Reviewing the code reveals a plethora of additional • “We protect each library aspirations of potential members current concerns: user’s right to privacy and of the profession” [Article confidentiality…” [Article III]— VIII]—Because tight budgets Because of the Family Educational sometimes do not allow paying for Volume 44, No. 1 | September/October 2015 39 All materials in this journal subject to copyright by the American Library Association may be used for the noncommercial purpose of scientific or educational advancement granted by Sections 107 and 108 of the Copyright Revision Act of 1976. Address usage requests to the ALA Office of Rights and Permissions. oouurr eetthhiiccss aarree ssttiillll rreelleevvaanntt ttooddaayy mmoorree tthhaann sseevveennttyy--ffiivvee yyeeaarrss aafftteerr tthheeiirr iinniittiiaall aaddooppttiioonn,, aanndd tthhee pprriinncciipplleess iinn tthhee CCooddee ooff EEtthhiiccss ccoonnttiinnuuee ttoo sshhaappee tthhee wwoorrkk wwee ddoo.. 40 Knowledge Quest | Intellectual Freedom All materials in this journal subject to copyright by the American Library Association may be used for the noncommercial purpose of scientific or educational advancement granted by Sections 107 and 108 of the Copyright Revision Act of 1976. Address usage requests to the ALA Office of Rights and Permissions. substitutes, school librarians are still relevant today more new topics for interpretation have more barriers to overcome than seventy-five years after and explanation. Together, we to take advantage of professional their initial adoption, and the will ensure that our profession is development opportunities. principles in the Code of Ethics ready to take on the latest ethical Additionally, the precarious continue to shape the work we do. challenges while continuing to funding for school libraries adds Copyright, though a more recent provide library users with the another hurdle to recruiting ethical concern, is central to our highest level of service. new talent to the field. profession. Without the resources made available through the In addition to these issues, school incentives of copyright, our library librarians must also be aware of shelves would be empty. At the these ethical concerns: same time, without the limits on copyright that exist under current Works Cited: • Digital Divide: A lack of consistent access to broadband law, our users would be severely Adams, Helen R. 2014. “Practical restricted in their ability to engage Ideas: Protecting Students’ Internet connections combined Privacy in Your School Library.” and transform information into with the economic barriers School Library Monthly 30 (6): to device ownership means new forms of knowledge. As 29–30. librarians, we are called to educate that school libraries will American Library Association. our communities about both the 1995. ALA Code of Ethics, 1995. continue to be the best option freedoms and restrictions of using <www.ala.org/advocacy/proethics/ for underprivileged students history/index7> (accessed March copyrighted materials, and school to access online information. 21, 2015). librarians have a special obligation Compensating for and, when ———. 2008. Code of Ethics of the possible, eliminating the digital to teach students about the ethical American Library Association. use of copyrighted information. <www.ala.org/advocacy/proethics/ divide are directly related to codeofethics/codeethics> the Code of Ethics statement (accessed March 21, 2015). The Committee on Professional in Article I regarding equitable ———. 2012. Diversity Counts. Ethics and other units of ALA access. <www.ala.org/offices/diversity/ will continue to provide guidance diversitycounts/divcounts> • Diversity: The latest statistics on these matters. To provide the (accessed March 21, 2015). report that just 12 percent of most relevant assistance, COPE ———. 2014. Copyright: An librarians self-identify as people Interpretation of the Code of invites school librarians to suggest Ethics. <www.ala.org/advocacy/ of color (ALA 2012). Given proethics/copyright> (accessed the increasing diversity of our March 21, 2015). communities, all librarians, ———. 2015. Challenges by Reason, including school librarians, face Initiator and Institution Martin Garnar is the challenge of connecting for 1990–99 and 2000– the dean of the Kraemer 09. <www.ala.org/bbooks/ with communities that may not frequentlychallengedbooks/ reflect the demographics of the Family Library at the statistics> (accessed March 21, available professional librarians. University of Colorado 2015). American Library Association, • User-Created Content: School Colorado Springs. Office for Intellectual Freedom. libraries have always been 2010. Intellectual Freedom Manual, He was the chair of the ALA Committee laboratories for creation and 8th ed. Chicago: ALA. on Professional Ethics, 2011–2015, and learning. With the advent Lance, Keith Curry, and Becky of makerspaces and other cochair of the ALA Task Force on Equity, Russell. 2004. “Scientifically Based Research on School initiatives to spur creativity in Diversity, and Inclusion, 2014–2016. Libraries and Academic our libraries, we must consider Achievement.” Knowledge Quest 32 He authored “Information Ethics” in An (5): 13–17. how to balance the free- expression rights of our users Introduction to Today’s Information Magi, Trina. 2013. Personal conversation. (July 9). with the challenges of keeping Science (Rowman and Littlefield 2015). “Science and Technology: our libraries a safe space for all Martin also served as assistant editor for the Important Events of the 1930s.” users. 9th edition of the Intellectual Freedom 2001. American Decades, edited by Judith S. Baughman, et al. Vol. Like the helicopter and images Manual (ALA 2015). 4: 1930–1939. Detroit: Gale. transmitted by cable, our ethics Volume 44, No. 1 | September/October 2015 41