Digitization 101

Widerstand Anti-racism Resources are Now in the Public Domain

2026-04-01T13:02:00.001-04:00

I have written a few times about my role with Widerstand Consulting, which is a non-profit [501(c)(3)] focused on helping organizations with addressing systemic barriers within their environments. Since its inception, Widerstand has worked with many organizations across the U.S. by providing training and anti-racism audits/assessments. However, over the past 18 months, shifting priorities and external pressures have led many organizations to step back from diversity, equity, inclusion, accessibility (DEIA), and anti-racism work, making it difficult for Widerstand to continue its mission. Therefore, the organization has closed.

As part of our closing procedure, we decided to place 12 of our anti-racism resources - including a resource list - in the Internet Archive. All of these resources can be used by any organization as they work to become more anti-racist. I encourage you to use this link and review what we have put in the Internet Archive. You can download what interests you. Please tell your colleagues about this and encourage them to use our materials.

What do I mean that these can be used by anyone? We have placed a license on each of the documents which denotes that they are now part of the public domain. This enables you to distribute, remix, adapt, and build upon the material in any medium or format, with no conditions. We have done this so what we have learned will continue.

If you are unaware of what the Internet Archive is, it was begun in 1996 as a 501(c)(3) non-profit that is a digital library of Internet sites and other cultural artifacts in digital form. The Internet Archive contains webpages, newspapers, audio, video, books, images, and software programs. Like a paper library, the Internet Archive provides free access to researchers, historians, scholars, people with print disabilities, and the general public. Today the Internet Archive contains more than 1 trillion items, which now includes materials from Widerstand.

I am sad that focus on DEIA has decreased in the U.S. as priorities have shifted. This work does have its ebb and flows, and so I look forward to when organizations are again eager to eliminate systemic barriers in their structure. In my sadness, I am also overjoyed that our documents may help others continue this work. May those documents become part of the building blocks for the future.

10 Fundable Accessibility Upgrades For Your Library

2025-10-17T14:22:00.001-04:00

Yesterday I gave a lightning talk at the Central New York Library Resources Council (CLRC) Annual Conference, which was held at Hamilton College. This annual event is a chance for library staff from a four-county region to come together to learn and network. The event started with a keynote panel discussion focused on resiliency, which was followed by seven lightning talks divided between the morning and afternoon on a wide variety of topics, and a short annual business meeting.

My talk on "10 Fundable Accessibility Upgrades For Your Library" was inspired by the one-day New York State Library conference entitled, "Room For Everyone: A Library Accessibility Day of Learning." I published a post on that in August. Every library is interested in making its building more accessible and they often need funding to make those changes. I wanted to provide ideas on projects they could do to make their facilities and services more accessible, include a few that are free or low cost to implement.

Below are my slides. Please share them with others who are interested in accessibility.

An Accessibility Bummer: I created and viewed the slides on my laptop before going to the conference and did not see them projected until I presented. So I was saddened that blue URL links did not show up well on the screen. As PowerPoint often does, it provided a color template that was not indeed fully accessible. While I couldn't test out my slides on a projector in advance, if possible it is always good to do that. It can be amazing to see how Microsoft's suggested color combinations do not work.

Thoughts from "Room For Everyone: A Library Accessibility Day of Learning"

2025-08-01T10:00:00.001-04:00

On July 9, the New York State Library held a one-day conference to start a year-long celebration of the 35th anniversary of the Americans with Disabilities Act. I had the pleasure of attending the event and facilitating a panel discussion on ""Building Services Where Everyone Belongs." The panelists were:

Samir Benantar, NYS Education Department Language Access Coordinator
Blaise Bryant, the Communications Specialist for the NY Association on Independent Living
Anna DeRosa, Program Research Specialist & Grants Coordinator at the New York State Council on Developmental Disabilities
Joan Naturale, National Technical Institute for the Deaf and Deaf Studies Archives liaison for students, staff, and faculty at the Rochester Institute of Technology
Christopher Woodfill, Executive Director of the New York State Deaf, DeafBlind, and Hard of Hearing Office

The State Library has written a summary of the day and I want to capture here some additional thoughts, some of which came after the event had ended:

Work with local agencies which support people who have disabilities in order to understand how to modify the library appropriate. Consider creating a group of advisors who can review designs, color choices, etc., and provide input.
Wayfinding is important for everyone including people with limited vision. For example, instead of painting every wall the same color, paint an easy to see wall in each room a different color. Then you can tell people to go to the room with the red wall, for example. I know this means having more paints on hand for touch up, but the benefit will be worth it.
For someone who is blind or has low vision, consider how to build wayfinding into the flooring. Use texture on the floor to show pathways as well as places with paths cross (and a person might want to turn).
Upgrade your meeting rooms with hearing loops which can connect to a person's hearing aid through Bluetooth technology.
Create a calming sensory room that can be used by children and adults with autism, as well as others who are being overwhelmed by the environment.
In my mind, libraries should consider more broadly how to use construction grants or funding from other sources to improve accessibility.
Work with professional translation services to have library materials (e.g., policies, program information) translated into the languages that are spoken most in your area. Be sure to have the translations reviewed by someone who speaks the language to ensure that translation makes sense to them. Also have these materials translated into Braille.
Working with an interpreter (or an online interpreter service) can require some practice. Work to give your staff that practice time. Perhaps hire an interpreter to come, give a demonstration, and then allow people use the interpreter for a few minutes. (Pace, pausing, and clarity are important.)
Create clear walking paths and do not use those clear walking paths for sudden displays or events.
Help staff become comfortable with making mistakes when working with someone who has accessibility needs. Helping a patron/community member can be more important than doing it perfectly.
Understand how to connect patrons with talking and Braille books.
If your library has toys for children, ensure that toys are included for children who have accessibility needs.
If you have recently renovation your library and did not think about accessibility (e.g., wayfinding), consider how you can now add-in accessibility elements.
Remember to think about color selection for those who are color blind. Use high contract color combinations.
Work to ensure that your library website is accessible and can be read by screen readers.

There is much more to consider. While it can be overwhelming, every change - even small ones - can help your library be more welcoming to its community.

The State Library is hosting a series of webinars to continue this conversation and education. The summary blog post contains a list of currently scheduled webinars at the bottom.

Hello 2025! -- Looking back & looking ahead

2025-01-02T12:09:00.001-05:00

2024 went by quickly and now we are at the start of another year. Happy New Year! I haven't posted in a while and thought that I would provide a quick update.

Yesterday was Public Domain Day and you have likely seen news stories about it. The Morning Brew has a brief story which includes the possibility of horror movies being made with public domain works. I hadn't considered that, but I can definitely imagine it and I expect it has already happened somewhere (perhaps memes or TicTic videos).

By the way, Wikipedia has an interesting list of what passed into the public domain in the U.S. and in other countries. Of course, the Internet Archive (and others) have lists. Among the works now in the public domain is "Singing in the Rain" which was used in the disturbing film, "A Clockwork Orange" in 1971.

Many people are talking about the copyright and artificial intelligence (AI). The U.S. Copyright Office is analyzing the issues around AI, but I wonder if that is moving too slowly given how AI is now all around us. Researchers at RAND have written the report, "Artificial Intelligence Impacts on Copyright Law" which I have found to be useful.

I should say that I am not a huge user of AI, although it is being built into things that I use daily. Most times those AI "pop-ups" are annoying because I know what I am trying to do and AI is slowing me down. I have used AI intentionally to help me rewrite awkward text, but I don't do that frequently. I mostly use AI to generate images for me like the one above. In other words, I'm not an AI convert. However, I know that there are libraries experiment with AI to see how it can be of use, and that some people are true AI converts.

I must say that I find ads for business products that use AI to be humorous because they have to state that the products are hallucination-free. Did we ever think we would need to say that about a product we're using?

The litigation Hachette v. Internet Archive concluded with the Second Circuit Court ruling against the Internet Archive, and the Archive deciding not to take the case to the U.S. Supreme Court. There is much that has been said and could be said about this court case.

BTW Brewster Kahle and Kyle Courtney were interviewed by Chris Hayes during the summer (The End of Libraries as We Know Them?), which is about more than the litigation and worth listening to. I always appreciate Kyle's perspective on libraries, copyright, and access to materials.

I need to mention the continued effort to ban materials in libraries and the push-back that is occurring on that. For information on what has occurred, I suggest that you read EveryLibrary's report, "Wins, Warnings, and Ongoing Legislative Fights for Libraries in 2024."

While we have products being built or trained on digitized content, we will have organizations that need materials put into digital form, for example old church records. Yes, digitization is still needed. Depending on where you or your organization are in your digitization journey, consider reaching out to smaller institutions in your community and asking if they have information that needs to be preserved or if it would benefit them to have it available digitally. Birth, death, baptism, bar/bat mitzvah, membership, or land records are all things that may still be in paper form.

My focus in 2024 continued to be on diversity, equity, inclusion, accessibility, belonging, (DEIAB) and anti-racism with Widerstand Consulting. 2024 had its challenges because of all the things happening around us (like politics). The question we are all asking is, "What will 2025 bring?" I don't know the answer to that, but I do know that those doing DEIAB and social justice work need to be ready for whatever it is. Personally, I believe that allies need bystander training and I hope communities will offer it. There are many resources online about bystander training. These are a few videos that I have found useful:

One of the things I have been doing regularly is writing articles for Widerstand's monthly newsletter which is free and available to all. I'm also posting frequently to Widerstand's LinkedIn page. Please consider subscribing to our newsletter and following us on LinkedIn.

Well...that's my update! If we cross paths in 2025, please stop and say "hello!"

Working Remotely & Coworking Spaces (includes tips)

2024-08-01T09:00:00.009-04:00

This post has been in the works for several months. I realized that I wanted to think out loud about coworking (which I now do) and share some information. The result is this.

I have been intrigued by the idea of coworking spaces for a LONG time. The Bond Collective defines coworking as:

The use of an office space or other working environment by people who are self-employed or working for different employers, typically so as to share equipment, ideas, and knowledge.

They note that is it not a new concept and that the modern iteration of it seems to have occurred in 2005. Entrepreneurs, digital nomads, freelancers, those engaged in remote work, and those who are tired of working from home are turning to coworking spaces. In early 2023, I decided that finding a coworking space would be good for me and now I've been in one for over a year.

While I had the WeWork model (for lack of a better description) of coworking in mind, I have learned from Steve Sawyer - who is studying them - that there are different kinds. For example, a coworking space might be organized around a shared passion (like rock climbing), geographic region (a specific neighborhood), or for specific demographics (female). And they can be large or small. In other words, that idea you have in your head about what a coworking space looks like and how it functions is just one way that they exist.

The space I'm in is part of a historic building which was known as the Gere Block. The British meaning of the word "block" is:

a large single building subdivided into separate rooms, apartments, or offices. Built in 1874, the Gere Block sat on the Erie Canal and contained a warehouse for goods, as well as other spaces. The building has been many things over the years, including th

e Sanford Motor Truck Co. (1913-1937) and Strathmore Paints (1942-2018). In fact, the building still has "Strathmore Paints" emblazoned on it and also "Gere Block" above the main door. And as it was over 100 years ago, it is becoming the home to many spaces including private offices, coworking space, a jewelry studio, a photography studio, a community market, and more. So I'm in a historic building that is going through a radical change that has it recapturing its roots!

Being in GereBlock (note the elimination of the space between the words) and part of the coworking space has had me thinking about coworking more generally. As I often do, I started diving into videos and other content about them and seeing how different they could be. I also began reading about the need for flexible workspace, like this 2024 report from WeWork.

Working in the same location as other people dates back to when organized work began. There is nothing new about it. What is "new" is having people work together in the same space while working for different entities. I'm doing anti-racism work while others are in different industries including software engineering, health justice, construction, financial services, coaching, real estate, and more. What we have in common is the need for space and a willingness to share that space with other people.

Knowing that "coworking" isn't new, I think there are still things people should know when determining if it is right for them. So from my perspective - and with a lot of research and 1+ years of coworking experience - here are some things I want you to know.

Finding a Coworking Space: There is not a comprehensive directory of coworking spaces, so you need to do some investigation to find possible coworking spaces in your region. (At the moment, any site that claims to be comprehensive it not.) With that in mind:

Ask friends and colleagues if they have heard of a coworking space. They might surprise you!
Use a search engine and search for your city/town and the word "coworking" or "cowork." Some places describe themselves as "flexible office space", "flexible workspace", or "on demand" office space, so be willing to try different words/phrases then sort through the results.

Keep track of those that you find, so you can then check them out (online or in-person).

Selecting a Coworking Space: If you're looking for a coworking space with unique amenities (e.g., it has a rock climbing wall), then selecting a space may go quickly. However, it could be that several seem to meet your needs, so you will want to do a bit more research. Yes, check out their website. Look for reviews. See if anyone has posted images or video of them on Instagram or YouTube. Remember that those coworking videos on YouTube likely show the space at its best and with lots of activity. However, that may not be the norm and may not be your experience depending on what time of day you are going to use the space (e.g., some people use the space more in the evening for meetings, while others work more normal office hours, and others might spend time on weekend).

Coworking spaces will have different work spaces available, so understand what you need. Do you need an enclosed office (or suite for your team), dedicated workspace, or flexible workspace where you sit down at whatever space is available? What do they have in terms of conference space or "telephone booths" for private phone calls, video meetings, or in-person events? And what amenities do they have (e.g., secure entry system, high-speed Internet, endless coffee, copier, fax machine, shredder, snacks, happy hour) and what do you need (e.g., portable computer monitors)? Make sure you know what is included in your membership fee and when you may need to pay for a specific amenity (e.g., more conference room time).

I suspect every coworking space has some sort of trial period (perhaps a day pass or a free day program), so consider trying several if you are unsure which one will fit your needs.

What was important to me? Good work space, space for meetings (in-person or virtual), proximity to home, free parking, a good supply of coffee, and a kitchen/kitchenette. My coworking space is amazingly close to downtown, which is a plus. In addition, the neighborhood has more eateries than I realized and is a wonderful place for lunchtime walks; both are definite pluses.

How to be a Good Coworker

In the resource list below are a few articles about coworking etiquette. What I've listed below is broader than that. So read my advice as well as the advice in the Resource list.

See coworking as an investment in yourself and in the work you are doing. If your employer will pay for the coworking space, great! If it something you need as an entrepreneur, small business, or consultant (i.e., the benefit is worth the cost), make the investment. Know in advance how to determine if the cost-benefit has changed and what that means to you.
Go often. You have paid for a membership, so use it. If you go several times per week, you will get into the habit of using the coworking space. In addition, since not everyone uses the space at the same time, you'll meet more people. And as important, you'll learn how you want to use the coworking space (e.g., time of day, types of work, etc.).

One of the things I decided was that there would be certain video meetings that I would do from home, because of the time of day they were scheduled (early morning or evening). I know that I focus better in the coworking space, so I really do try to use it every day.

Introduce yourself to others (and do it more than once). You are sharing the space with them, so you should know their (first) names and eventually something about what they do. Perhaps they could be a future collaborator or client?

Be aware of how loud you are in conversations, on phone calls, or in video meetings. Check with your coworkers on whether you are too loud and making it difficult for them to do work. Be willing to move your conversation to a phone booth, meeting room, or someplace else if best.

Ask questions. Yes, you received an overview of the space and its community guidelines when you joined, but likely there are other things you might want to know. Ask. And likely you might be curious about your coworkers and what they do, so ask. In other words, being curious is good.

Create a routine (or rhythm). This goes along with Tip #2. My use of my coworking space varies from day to day, depending on in-person meetings and other things. Still my day has a rhythm to it in terms of when I get to the office, what I take with me (see Tip #7), where I sit (I have a couple of favorite spots), etc.

Create an everyday carry (EDC) bag. If you have commuted to work, traveled extensively, or have a lifestyle where you need to have specific things with you all the time, then you have an EDC. Your EDC should contain the things that help you have a productive day. My EDC is my backpack, which contains my laptop, laptop and phone charging cords, bullet journal, a pouch with the things I want to have handy on my workspace (like lotion, microfiber cloth, and other small items), personal care items, money, and several other things. The EDC become part of the routine of going to the coworking space.

There are many, many videos on YouTube about everyday carry (EDC) bags and pouches, with many of them created by survivalists or people who want to carry lots of things "just in case." Some - for me, those are the non-survivalists - can be useful to watch, if you have never thought about this. There is a Flickr group called "What's in Your Bag?" which might also be helpful. Your EDC does not need to be hyper efficient or contain everything you'll need to survive the apocalypse. It does need to contain those things that make sense to you and that are useful to you.
Learn how to make coffee (or tea). I know this seems trivial, however, this is a useful skill, if you drink coffee and the community manager (or whomever makes the coffee) is not around. It is also a great way of making friends - or interacting with others - in the coworking space.

By the way, while this type is focused on coffee, you might find something else you want to learn how to do for yourself rather than relying on the coworking space community manager.

If you are a coworker and have tips to share, please share the in a comment on this post.

Final Thoughts

A question that is posed often is, "What is the future of work?" I don't know the answer to that. What I do believe is that the type of workspace people will need will become even more varied. I think coworking spaces will become more normal. I also think it will be normal for people to move between different types of spaces as their work changes. The coffee shop may work for now, but then maybe the work requires more privacy (an enclosed office). Maybe home is great until your sharing that workspace with another family member who is working from home (and maybe there are also children and pets in the home), and now a coworking space makes sense. Maybe you really need to be with other startup businesses for now and hope to move to another space later.

All of those above are good scenarios and none of them is better than the rest. Do what works for you.

Resources

Varun Bodhi. (2023) How to Choose a Coworking Space: 9 Tips to Consider in 2023.
Kaleigh Moore. (2022) 5 essentials to look for in a coworking space.
Reka Vagasi . (2023) Top 7 etiquette rules to follow in a coworking space.
Yardi Kube. (2021) Etiquette Rules & Best Practices for Safe Coworking Spaces.
Alley Watch. (n.d.) 31 Rules of Behavior When Working in a Coworking Space.
Geekdom. (n.d.) 7 Things To Consider When Choosing a Coworking Space.

Library Futures launches C.A.T.S. (Copyright and Technology Scribblings)

2024-07-16T10:53:00.001-04:00

This month, Library Futures launched its newsletter named C.A.T.S. (Copyright and Technology Scribblings). You can read their witty announcement and read the first issue (free). C.A.T.S. will be published twice monthly and the modest subscription fee is tax deductible. Check the announcement for details!

By the way, the image to the right is from their first newsletter.

Pew Research: When Online Content Disappears

2024-05-31T11:47:00.001-04:00

I run into this problem regularly. I search for something that I know exists - because I've used it before - and it is not there. Sometimes I can find it on the Wayback Machine, but often times I can't. It is gone for good. This Pew Research report (full report) is about just that - the disappearance of online content. There is a lot to digest here. For starters:

A quarter of all webpages that existed at one point between 2013 and 2023 are no longer accessible.
23% of news webpages contain at least one broken link, as do 21% of webpages from government sites.

Pew does not provide a solution. We know that archiving the enter Internet is not possible, especially since some content is deleted quickly (even within the same day). Is this a problem that is out of our control and that will just get worse? Is there some way that we can ensure that critical content - however defined - is preserved?

If you have ideas or resources, please drop a comment below.

The Copyright Office announces Webinar on Copyright Essentials: Myths Explained

2024-03-08T10:04:00.000-05:00

Below is the text from the Copyright Office about this webinar. Copyright myths abound, so this could be very interesting! Registration is required.

The U.S. Copyright Office invites you to register to attend the upcoming online webinar, “Copyright Essentials: Copyright Myths Explained” on March 27, 2024, at 1:00 p.m. eastern time. There is a lot of misleading information out there about copyright. Join us as the Copyright Office discusses what is and is not true when it comes to copyright. The Copyright Office wants to make sure you have the facts and know where to go if you need more information.

In this sixty-minute webinar, attendees will learn about the Copyright Office’s functions, copyright basics, and the Copyright Office’s educational resources. Register here.
Speakers:

• Jessica Chinnadurai, Attorney-Advisor, Office of Public Information and Education
• Laura Kaiser, Attorney-Advisor, Office of Public Information and Education

The Copyright Office aims to broaden public awareness of what the copyright system encompasses and how to participate. A cornerstone of our current strategic plan is Copyright for All, and the Copyright Office dedicates itself to making the copyright system as understandable and accessible to as many members of the public as possible.

Webinar: Copyright for Archival Newspapers

2024-02-05T12:05:00.001-05:00

I received this email note. This event is open to the public.

The PA Digital Rights team will host an event at the end of February on Copyright for Archival Newspapers. We hope to see many of you there. This event is open to the public, so please feel free to share the information with interested colleagues.

February 27, 1 to 2 p.m. Eastern, on Zoom (Please register in advance.)

Do you have copyright questions about digitizing archival newspapers? At this event, Ana Enriquez from the PA Digital Rights Team will cover how to check public domain status, analyze fair use, and assign rights statements, with a focus on newspapers published in the United States. This workshop will be an update and expansion of our 2019 module, Copyright for Archival Newspapers. To view that module in English and Spanish, visit our Rights Resources page.

Copyright Office Hosts Event in Celebration of Black History Month, “Hip-Hop Beyond 50: Protecting and Promoting Culture”

2024-02-01T14:42:00.004-05:00

The following is from the U.S. Copyright Office. Sounds like an interesting event!

The U.S. Copyright Office invites you to register to attend the upcoming Black History Month online event, “Hip-Hop Beyond 50: Protecting and Promoting Culture,” on February 21, 2024, at 1:00 p.m. eastern time. Hip-hop, a uniquely American art form rooted in African American culture, marked its official fiftieth anniversary in 2023. The musical genre has been popularized all over the world, encompassing MCing, DJing, breakdancing, graffiti art, beatboxing, and more. In this sixty-minute session, attendees will learn from the Copyright Office, industry experts, and practitioners about how hip-hop has influenced creators worldwide and about the Office resources available on sampling, interpolations, and beat stores.

Guest speakers include

Dae Bogan – Head of Third-Party Partnerships at The Mechanical Licensing Collective
Jamila Sams – Founder and CEO of We Do it for the Culture™ and Go to Ms. Sams
Bruce Waynne – Grammy Award–winning music producer, publisher, and label executive; President of Vyre
Junious Brickhouse – Director of Next Level, Hip Hop Diplomacy Program

Article: Is A.I. the Death of I.P.?

2024-01-19T16:19:00.002-05:00

This recent New Yorker article may not be paywalled, so go read/skim it. While the article is ultimately about artificial intelligence and intellectual property rights, there are many examples in it that are not connected to AI. The article is full of good tidbits, such as:

Judicial competence is also an issue...To know why a Warhol silk screen counts as transformative, or to give musical definition to a song’s “feel,” you need a kind of expertise that most judges—most people—don’t have.

One book mentioned in the article is Who Owns This Sentence?: A History of Copyrights and Wrongs, which will be release on Jan. 23, 2024. (paid link) Amazon's description of the book states that it...

is an often-humorous and always-enlightening cultural, legal, and global history of the idea that intangible things can be owned, and makes a persuasive case for seeing copyright as an engine of inequality in the twenty-first century.

From its description, this sounds like a book that is both informative and fun. Yes, one of the authors is an attorney (Alexandre Montagu), whose area is intellectual property law.

An early version of MIckey and Minnie are in the public domain!

2024-01-02T09:23:00.002-05:00

Everyone is reporting on the fact that the ORIGINAL Mickey and Minnie Mouse are in the public domain. While this is good news, it is important to recognize that that this is not the Mickey and Minnie that we see today. So if you're going to use the public domain versions, make sure you understand what you're using.

The Morning Brew notes these two limitations:

Only the original versions of Mickey and Minnie, as they appear in Steamboat Willie, are up for grabs. Character details introduced in later years, including their white gloves, Mickey’s classic red pants, Minnie’s polka dots, and their high-pitched voice, are off limits.
Disney still has a registered trademark on Steamboat Willie Mickey as a company mascot, so folks who use the character’s likeness have to make it clear that their project isn’t an official Disney production.

And if you're looking for a version to use, check out Wikimedia.

Duke University has a list of what else joined the public domain this year. Use them and enjoy!

Lowry’s Reports Inc. v. Legg Mason: Settled in 2003 and still relevant

2023-12-27T09:55:00.008-05:00

This fall I had cause to refer someone to the court case Lowry’s Reports Inc. v. Legg Mason, and that made me realize that I had never mentioned it here. This post is to rectify that and so I can find information on it more easily in the future.

An employee at Legg Mason routinely made unauthorized copies of a newsletter from Lowry Reports and disseminated those copies to people within the company, who had not subscribed to the newsletter. If I remember correctly, Legg Mason failed to cease and desist, which made matters worse. In 2003, a jury ordered Legg Mason to pay $19.7 million in damages.

If someone in your organization wants you to copy a newsletter, for example, and disseminated it widely...perhaps even to do so routinely...ask them what their risk tolerance is and mention this court case to them. It only takes one person, who has received or seen a copy of the newsletter, to alert the publisher. Is your organization okay with that risk?

Resources

Justia. Lowry's Reports, Inc. v. Legg Mason, Inc., 271 F. Supp. 2d 737 (D. Md. 2003)
Marketing Sherpa. (2003) EMail Newsletter Wins Big Copyright Lawsuit
Baltimore Sun (2003) Jury orders Legg Mason to pay $19.7 million in copyright case
LLRX. (2011) The Risky Business of Information Sharing: Why You Need to Care About Copyright
Pillsbury Law. (2013) What You Should Know About Electronic Subscriptions and Copyright Law: A Best Practices Guide
Copyright Clearance Center. (2023) The Risky Business of Information Sharing. This white paper is by CCC, which offers licensing options.

Conference: The Religious Origins of White Supremacy: Johnson v. M’Intosh and the Doctrine of Christian Discovery

2023-12-12T20:02:00.002-05:00

Earlier this year I wrote about my new role as the executive director of Widerstand Consulting. Widerstand works with organizations that are trying to dismantle racism within their institutions. Accepting that role has changed what I pay attention to, what I read, the conference sessions I attend, and more. This past weekend I attended the conference entitled, The Religious Origins of White Supremacy: Johnson v. M’Intosh and the Doctrine of Christian Discovery. This was an international conference held at Syracuse University and it was packed with information. I want to use this post to share some of it. (There is no way I can share all that I learned. Wow!)

Introduction

Much has been written - and will continue to be written - about Johnson v, M'Intosh, which is a court case heard by the U.S. Supreme Court in 1823. CaseBriefs has a short synopsis. Notice that it says:

The United States holds absolute title with the exclusive right to convey land while the Native Indians only had a right of occupancy that can be extinguished at any time.

The Supreme Court opinion in this case was written by Chief Justice John Marshall and is part of the "Marshall Trilogy"that became the basis for U.S. Indian Law (also known as U.S. Anti-Indian Law). The ruling in this case - and in many others including City of Sherrill v. Oneida Indian Nation of New York (2005) where Justice Ruth Bader Ginsburg wrote the majority opinion - use the Doctrine of Discovery as their foundation, even if not named specifically.

What is the Doctrine of Discovery? The Doctrine is part of a framework established in the 15th Century by Catholic Popes and European Kings to acquire land. According to the Cornell Legal Information Institute:

The doctrine of discovery refers to a principle in public international law under which, when a nation “discovers” land, it directly acquires rights on that land. This doctrine arose when the European nations discovered non-European lands, and therefore acquired special rights, such as property and sovereignty rights, on those lands. This principle disregards the fact that the land oftentimes is already inhabited by another nation. In fact, this doctrine was used in order to legitimize the colonization of lands outside of Europe.

The doctrine has affected Indigenous people around the world. It was this doctrine, the Johnson v. M'Intosh decision, and the ongoing effects of both that were the basis for this 2 1/2 day conference.

Indigenous-Centered Space

I need to note that this conference was held on the unceded ancestral and current land of the Onondaga Nation at Syracuse University. Many sponsors supported this conference, including the Henry Luce Foundation. The Onondaga Nation and speakers from other Indigenous communities - including Māori creatives and activists from the land we know as New Zealand - were ever present to provide their point of view. They helped the rest of us see the deep impact of the Doctrine of Discovery. Because of them, I learned more than I could have imagined.

Besides the numerous and intense conference sessions, I'm glad that I was able to participate in the social dances on Friday evening, view Māori art on Saturday, and partake in a Māori event on Sunday. Those, along with a play (mentioned below) gave respite from the overwhelming amount of information I was ingesting, while also keeping me focused on my Indigenous siblings.

Legal Perspectives

Several attorneys and law school faculty presented at the conference including - and likely not limited to - Robert J. Miller, Steven Newcomb, Joe Heath, Beverly Jacobs, Nicolas Robinson, Paula Johnson, Dana Lloyd, and Peter d’Errico. These are people who have been studying Indian Law, fighting against the impact of the Doctrine of Discovery and Johnson v. M'Intosh, and working nationally and internationally on Indigenous rights. Their command of the facts and of court cases was amazing.

What really stood out to me is that we can't just look at recent history and the Doctrine of Discovery. We must go back to the 1400s and understand what the Papacy, Spain, France, Portugal, and England were doing and why. Then we must follow the impact of those intentions, and see how the Doctrine of Discovery continued to have impact, including in the Louisiana Purchase and other actions that the U.S. has taken. The Doctrine needs to be a constant lens that we use to view what is happening around us. And since the Doctrine was used worldwide, we should use that lens as we view politics, conflicts, etc. in other regions.

By the way, the Doctrine of Discovery is also referred to as the Doctrine of Christian Discovery, since the Papal Bull (papal decree) was issued by the Christian/Catholic Church (and before the Protestant Reformation). It is also referred to as the Doctrine of Domination, since its result was that one group (Europeans) used it to dominate those they encountered in other parts of the world.

The Doctrine of Discovery website contains information on relevant court cases. I believe that Steven Newcomb, Robert Miller, and others have written books on this and there may be relevant talks available on YouTube. For example, a quick Internet search shows that Robert J. Miller has a number of articles and videos on this.

Re-translating the Papal Bulls

Sebastian Modrow, from Syracuse University, is interested in the papal bulls and has visited the Vatican Library where they are held. And he is translating them from Latin to English, mindful that how we think about the Latin now will be different than how they were translated years ago. One document is already available on the Doctrine of Discovery website.

During his presentation, Sebastian showed a map of the known world in the early 1400s, which helped to set the stage for speaking about the various papal bulls. We don't think about what the world looked like to those European explorers and what they hoped to be sailing to...and what they wanted to do once the arrived. We learn that Columbus, for example, was trying to get to India. However, would he have laid claim to land in India as explorers did in the Western Hemisphere? We they "just" exploring or were they trying to blatantly expand the empires of Spain, Portugal, France, and England.

At any rate, I look forward to reading Sebastian's work and hearing what he learns. I'm sure his translations will be important for those opposing what those papal bulls did.

Religious Racism

There were several sessions on religion and the Doctrine of Discovery, including a panel with the Episcopal Bishop DeDe Duncan-Probe, Lutheran Bishop Lee Miller II, and Catholic Bishop Douglas Lucia. All of the bishops are from Central NY. The session was moderated by Turtle Clan Mother Freida Jacques (Onondaga). Jake Haiwhagai’i Edwards offered replies to the statements made by the bishops.

This session stood out because the bishops were guarded, as might be expected. While information was flowing freely in the other sessions, this group was mindful - I think - of their role in their larger denominations. They can't go further or go faster than their denominational colleagues.

Bishop Lucia did ask how we can live out the repudiation issued by the Vatican. One person in audience asked the bishops about rematriating land that their churches hold, which would be one way doing more than just saying words. Both the Lutheran and Episcopal bishops said that they are in the process of giving back land and hope to have something to announce in the (near) future. The Catholic bishop noted that it is the parishes who hold the land and so he will work to convince them to rematriate land as they can.

I'll note that Bishop Lucia did not mention the statue of Columbus which stands in front of the Catholic Cathedral in Syracuse. That statue has been hotly discussed by many. As of Nov 20, 2023, a NYS appellate court has ruled that the statue can be removed. Syracuse Mayor Ben Walsh wants to move the statue to a different area.

It would have been wonderful if the bishops had talked about how they are confronting the ongoing impact of the Doctrine of Discovery in their religious structures. And if they had nothing to point to, perhaps they could have talked about what they want to do in the future. What are their plans?

Episcopal Bishop DeDe Duncan-Probe said that she had told her congregations that they cannot do a land acknowledgement without having done some action to support the Indigenous communities. That seems wise.

Poster Sessions and Student Papers

On Saturday, three students from Northern Virginia Community College presented on the political origins of the January 6, 2021 event which occurred at the U.S. Capitol. Professor Joel Harrison uses that event to engage students in how religion is impacting politics. It was good to see students thinking about this. They mentioned ideas and images that date to the Crusades as well as modern imagery. As undergraduates, their work was not as in-depth as what a master's or doctoral student would do, but it was still thought-provoking.

On Sunday, several SUNY Environmental Science and Forestry students, from the Diversity and Knowledge of the Environment Class, presented posters from their class taught by Sarah Nahar. I spent a lot of time talk with one student (I believe Duncan Spatz) about his poster which showed what Manhattan might look like if it had never been colonized. Wow!

In the Court of the Conqueror

Writer and performance artist, George Emilio Sanchez, in collaboration with Patty Ortiz, performed his one-person play on Saturday evening. In the Court of the Conqueror:

...confronts the history of how the courts have diminished the Tribal Sovereignty of Native Nations, juxtaposed against sanchez’ experiences navigating generational trauma and Indigenous identity in an Ecuadorian immigrant household.

It is an amazing piece, which reinforced what I had heard during the day. I laughed as I heard Sanchez talk about aspects of his life and then left speechless as he talked about the impact of the Doctrine of Discovery. This is a play that should be performed on college campuses as a way for students to think about U.S. law and its impact. I could imagine a performance being followed by an extended conversation, perhaps with law professors and Indigenous activists.

Because of an images that Sanchez showed, one of the things that occurs to me is that we do not learn in K-12 schools that the United States has land within its borders that is occupied by Indigenous nations. The U.S. is not a contiguous land, but has "holes" in it that are other nations. Imagine if children learned that?! That is something I learned as an adult and I should have learned it in fourth grade history.

Only Scratching the Surface

I wanted to get some thoughts written in a place where I could share them, but this post only scratches the surface of what I heard and experienced. One person likened the weekend as providing more information than an academic class and that is true. It was overwhelming. And because there was so much to say and discuss, nearly every session ran long and every break was eliminated! Very full days!

I'm looking forward to talking with some folks I know who attended the conference and sharing what we learned. I think the more I talk about it, the more it will become working knowledge and the more I may find ways of helping to counter the harm done by the Doctrine of Christian Domination.

Thanks goes to Philip Arnold and Sandra Bigtree for organizing this conference. Thanks also to everyone who helped with the event and to all of the sponsors. Organizing an event like this requires many hands.

One final note. I have not inserted which nation specific speakers were from, because I do not want to be incorrect. I mean no disrespect and hope they and you who read this post will understand.

Resources

There are MANY resources - books, websites, articles, videos - so this are just a few to get you started.

The Doctrine of Discover Project.

The Coalition to Dismantle the Doctrine of Discovery. Factsheet on the Doctrine of Discovery.

Steven T. Newcomb. (2008) Pagans in the Promised Land: Decoding the Doctrine of Christian. Discovery. (Paid link)

Steven T. Newcomb, "The Doctrine of Discovery, Unmasking The Domination Code," Doctrine of Discovery Project (23 August 2018), https://doctrineofdiscovery.org/the-doctrine-of-discovery-unmasking-the-domination-code/. This page contains information on Newcomb's documentary based on his book. The film is available on Vimeo as well as DVD (fee).

Robert J. Miller. (2020) The Indian Law Bombshell. American Philosophical Society, https://www.youtube.com/watch?v=SyEDomuAzmM

Indigenous Values Initiative, "Inter Caetera," translated by Sebastian Modrow and Melissa Smith, Doctrine of Discovery Project (13 June 2022), https://doctrineofdiscovery.org/inter-caetera/.

Original Free Nations, https://originalfreenations.com/

Redthought, https://www.redthought.org/ On the first page of this site is a short video which contains the six questions JoDe Goudy asked the conference on Friday evening. Several speakers used the first three questions when they introduced themselves. As I listened to the questions, I understood that you must know who you are, where you come from, and where you are going to do this work of dismantling the Doctrine of Discovery. The short video of the six questions is also available on Vimeo, https://vimeo.com/884980223

JoDe Goudy was the chairman of the Yskama Nation, which took a case to the U.S. Supreme Court in 2018. JoDe went to the court session to hear the proceedings, but was not allowed in. Read this article to find out why!

Letter from George Washington to James Duane, 7 September 1783, https://founders.archives.gov/documents/Washington/99-01-02-11798 I know this is hard to read because of how our use of the English language has changed, but do notice how Washington refers to Indigenous people, inducing calling them "beasts of prey."

Indigenous Values Initiative, "Ten Religious Themes of the Doctrine of Christian Discovery (DoCD) that Contrast with Indigenous Values," Doctrine of Discovery Project (26 September 2022), https://doctrineofdiscovery.org/10-religous-dimensions/. (added 12/14/2023)

SU hosts conference on white supremacy 200 years after Johnson v. McIntosh ruling. Dec. 14, 2023. The Daily Orange. https://dailyorange.com/2023/12/su-hosts-conference-200-years-after-johnson-v-mcintosh-ruling/ (added 12/19/2023)

U.S. Copyright Office Extends Deadline for Comments on Artificial Intelligence Notice of Inquiry

2023-09-21T11:34:00.000-04:00

From the U.S. Copyright Office:

The U.S. Copyright Office extended the deadline to submit comments in response to its August 30, 2023, notice of inquiry regarding artificial intelligence and copyright. The new deadlines will ensure that members of the public have sufficient time to prepare fulsome responses to the Office's questions so the Office can proceed with its inquiry with the benefit of a complete record of public input and feedback.

Initial written comments are now due by 11:59 p.m. eastern time on Monday, October 30, 2023. Reply comments are now due by 11:59 p.m. eastern time on Wednesday, November 29, 2023.
The Federal Register notice announcing this extension and additional information, including instructions for submitting comments, are available at https://www.copyright.gov/policy/artificial-intelligence/.

The Copyright Office webpage entitled "Copyright and Artificial Intelligence" contains a lot of useful information and I encourage you to look at it. One of the resources on that page is "Artificial Intelligence: The Copyright Connection" from 2021. I think the questions asked by Steve Andreadis are still at the center of this discussion:

How are artists, scientists, and businesses inspired by the technological advances of AI?
When AI produces a creative work, is the expression owned by human or machine?
What is owed to creators of AI input data from a copyright or moral rights perspective?
What ethical implications are involved in selecting a data set and building an AI system?

If you have thoughts on these and other questions regarding AI and copyright, consider submitting them to the Copyright Office.

Article: Generative AI is Disruptive, But More Copyright Isn’t the Answer

2023-09-18T09:18:00.001-04:00

This article appeared in a recent Public Knowledge email and it seems appropriate to post because of the ongoing questions about generative AI (GAI). The article covers:

The training data
The training process
User inputs

I'm sure the last section on "Expanding Copyright Law Won’t Protect Artists from GAI’s Disruption" will attract your attention.

Copyright and artificial intelligence is worth keeping an eye on, but when you do that recognize that the law isn't going to suddenly change. As I said to someone on Friday, the law changes slowly. It also changes purposefully. Right now, we all still studying what AI means to creators and how the law can help (or hurt) the situation.

Article: A Book Is a Book Is a Book—Except When It’s an e-Book

2023-09-06T13:58:00.000-04:00

Likely you have been reading about the Hachette v. Internet Archive litigation. This is an article that you might want to add to your reference list on the topic. This article by Maria Bustillos starts with an analogy:

Buying a book should be no different from buying an apple. When you buy an apple, the farmer can’t show up in your kitchen later and decide your time is up, and you’ve got to pay for it again. It’s yours forever—to eat, or paint in a still life, or cut up for a kid’s snack. And thanks to the first sale doctrine of copyright law, codified by Congress in 1909, the books on your shelves are yours forever, too, in exactly the same way your apple is; you’re free to read them (or not), loan them to friends, or sell them to a used bookshop, without restriction. Copyright law balances the public good—our collective right to access information—with the rights it grants to authors and inventors.

Are you intrigued? You can read the entire article on The Nation website.

Starting Oct. 23: U.S. Copyright Law in the Library: A Beginner's Guide

2023-08-29T09:00:00.009-04:00

I want to let you know that I’ll be teaching a course on U.S. copyright law in libraries this fall/winter. This is a course that I have taught before through ALA eLearning (and always with updates).

Do you - or someone in your library - need to know more about copyright? This course will guide you through the basics of copyright law and provide you with the foundation to become your library's copyright expert. Each week, we’ll explore how copyright law informs what libraries, library staff, and patrons can do with their materials and how you can stay up-to-date as copyright law and practice evolves. No previous experience or knowledge is required.

This course starts on Monday, October 23 and runs for 7 weeks (which includes a one-week break for Thanksgiving). You can register on ALA eLearning. Bulk and institutional pricing is available.

If you have any questions and/or are interested in bulk pricing, you can contact the folks at ALA Continuing Education at ce@ala.org.

Moving Theory into Practice

2023-08-28T09:00:00.012-04:00

In 2000, Anne R. Kenney and Oya Y. Rieger wrote "Moving theory into practice: digital imaging for libraries and archives", which was an important book on digitization. The book was born out of the workshops they developed. That book is still considered an important resource. Now the 208 page book is available to everyone through the Internet Archive.

On August 24, the Internet Archive hosted a conversation with Oya Rieger about the work she and Anne Kenney did and the book they developed. A recording of the event is available through the Internet Archive (66 min.).

Listening to Chris Freeland and Oya Rieger talk about digitization activities in the 1990s and early 2000s brought back many memories. If you have been involved in digitization over the last 30 years, it is likely the conversation will bring back memories for you too.

Now in paperback: Change the World Using Social Media

2023-07-11T06:00:00.001-04:00

Have you dipped your toe into Threads, the new social media platform by Meta? Are you thinking that you need to learn more about how to use social media, rather than using trial and error?

In 2021, Paul Signorelli published the book, Change the World Using Social Media, through Rowman & Littlefield.What is it about?

Starting with an overview of what social media tools provide, Signorelli shows how social media tools can be quickly learned and easily adapted to produce small- as well as large-scale changes when used effectively in conjunction with other collaboration resources and tools.

Book chapters include:

What Is Social Media and What Can It Do for You?
Facing the Pros and Cons of Facebook
Twitter: Small Messages With Large Results
LinkedIn and Collaborative Project Management Tools: Tapping Into Business Networks
Picturing Change: Instagram, Snapchat, and Flickr
Blogging for Social Change
Broadcasts and Podcasts: YouTube, TalkShoe, and Zencastr
Videoconferencing and Telepresence: Meeting Online to Change the World
Follow the Money: Changing the World through Online Fundraising
Facing Incivility: Trolls, Online Harassment, and Fake News
Organizing to Change the World

I was among the people Paul interviewed for the book, along with many others. We provided examples of positive social media use, how-tos, and more. All of the topics are covered in a way to be helpful as you adopt newer or different platforms.

Now the book is available in paperback (in addition to Kindle and hardbound), which makes it available to a wider audience. Amazon provides a peek inside the book, so take a look!

In 2021, Paul Signorelli, Maurice Coleman, and I were interviewed by San Francisco Public Library about the book and using social media. That one-hour interview is available on YouTube. (Yes, my face is this first thing you see! Ha ha!)

This post contains paid links from Amazon.

Little Free Libraries and Diversity

2023-07-07T09:00:00.037-04:00

This spring and summer, I have seen many photos of little free libraries. Each one is carried for and each one is used. However, let's think about the items in those little free libraries.

The mantra of a little free library (LFL) is:

Take a book. Share a book.

That means that the LFL is dependent on donations. Someone may be curating the LFL, but it is unlikely that the person is filling the LFL based on a collection development policy. Even if that person does have some standards, do those standards assure diversity of content? Is the content inclusive? Is there accessible content? Does the LFL support the diversity in the community (racial, ethnic, gender, etc.)?

I've helped to install little free libraries and I've placed books in them, but the fact that they are generally reliant on donations means that a LFL may not contain the books that will resonate with the community it's in. Imagine an LFL in a Black and Hispanic community that is filled by non-Black and non-Hispanic people who don't live in that community. Will the materials in the LFL represent the community that is using it? No.

This hit home for me when I looked at a little free library outside of a food pantry and realized that the people filling the LFL were from a different demographic.

I don't know how to ensure that a little free library is filled with works that are diverse and inclusive, without causing more work and more cost. Perhaps if folks recognize the problem, that can be a first step towards making each LFL more inclusive, more diverse, and better connected with the community it serves.

If you have ideas on how to solve this problem, post a comment.

Library Futures: Copyright Booth to Go!

2023-06-15T15:36:00.002-04:00

A few weeks ago, Library Futures released their 2022 Annual Report, which is a website that links to other resources. Library Futures had an amazing 2022 including submitting 3 amicus briefs, hosting 18 webinars, and producing 3 research papers.

One thing that caught my eye is that:

Community Fellow Emily Finch converted the American Library Association Conference copyright booth into a portable Open Educational Resource that can be used anywhere.

You know that copyright questions often fall into specific categories and this handout captures that idea, while also provide using advice and pointing to other resources.

Yes, use it! It's an Open Education Resource (OER), which means it is meant to be used and shared.

Article: What generative AI means for copyright

2023-06-15T15:09:00.002-04:00

Rachel Alexander's opening text to this article gets at our fears:

Creatives are worried about being thrown out of a job by generative AI, while artificial intelligence developers leave themselves open to copyright infringement claims by training their AI on unlicensed material.

Her article is written from a UK perspective but does touch on approaches being used in the U.S. and EU. And if you're wondering why you should read it, this should capture your attention:

Generative AI presents a new scenario on which to apply questions that copyright has been grappling with for centuries such as: Who can be an author? What is original? What constitutes ‘fair dealing’ with a protected work?

Information Age, which published this article, has a number of stories on generative AI. If that is a topic you are following, you may want to follow Information Age.

Article: The Smithsonian Puts 4.5 Million High-Res Images Online and Into the Public Domain, Making Them Free to Use

2023-05-31T12:44:00.001-04:00

This Open Culture article is from April, but sharing good news about public domain images is something that shouldn't be bound by time. (In other words, better late than never!) Smithsonian Open Access provides now provides new platforms and tools, which give "easier access to more than 4.5 million 2D and 3D digital items from our collections—with many more to come. This includes images and data from across the Smithsonian’s 21 museums, nine research centers, libraries, archives, and the National Zoo." (Smithsonian) Note that you can search and retrieve only images that have CC0 licenses (free of copyright restrictions).

This is a collection that is worth bookmarking and using! Consider how you can connect images from the past to events that are happening today, which could help you broaden the media that you are using.

Controlled Digital Lending and Libraries: A follow-up to Hachette v Internet Archive

2023-05-12T10:59:00.001-04:00

Right now libraries are under pressure from several different forces including those who want to limit access to specific topics (e.g., critical race theory, LGBTQ, parts of U.S. history, etc.) and publishers who are focused on what a library is, digitization, and digital books. You might feel like hiding your head in the sand, but not is not the time for that. Knowing what has happened and what is happening is important.

It is with that in mind that I'm sharing these posts/articles that provide links to articles/commentary on the on Hachette v Internet Archive decision. Read them, skim them, save them for later...just don't ignore this, because we can't have publishers using this decision as a further step in limiting what libraries can do.

Publishers Weekly. (March 2023) Hachette v. Internet Archive: All Our Coverage.
Laura Gibbs. (April 2023) The Battle for Libraries Has begun.
Gary Price (March 2023) Judge Issues Opinion in Hachette Book Group, Et Al v. Internet Archive, Et Al; Plaintiffs Motion For Summary Judgment Granted