[11260] in Public-Access_Computer_Systems_Forum

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Pictures on the Web-Response

daemon@ATHENA.MIT.EDU (Public-Access Computer Systems For)
Wed Apr 30 20:16:44 1997

Date: Wed, 30 Apr 1997 11:29:22 -0500
From: Public-Access Computer Systems Forum <LIBPACS@UHUPVM1.UH.EDU>
To: PACS-L@LISTSERV.UH.EDU
Reply-To: Public-Access Computer Systems Forum <PACS-L@LISTSERV.UH.EDU>

3 Messages, 98 Lines
*-----

From: Will Stuivenga <stuiveng@amigos.org>
Subject: Re: pictures on the web

In addition to your personal privacy, what about the issue of patron
confidentiality? It is hard enough to get some people to ask questions
at the Reference Desk when they need help, without the added pressure of
knowing they're "live on the web."  Surely your campus can find a better
fourth spot for a live camera than one that includes the Reference Desk
and/or your electronic resources area.

Will
--
Will Stuivenga
Library Liaison Officer - Internet Trainer
AMIGOS Bibliographic Council, Inc.
12200 Park Central Drive, Suite 500
Dallas, Texas 75251-2104
972/851-8000 800/843-8482
972/991-6061 (fax)
e-mail: stuiveng@amigos.org
http://www.amigos.org
*-----

From: Vicki Gadberry <VGADBERRY@mhc.edu>
Subject: Re: Pictures on the Web--Responses

Hi Linda, what an "interesting" sort of predicament.  I guess (as a
reference librarian myself) I would consider the reference desk to be
a public space, but not one I would like to have on camera.  I don't
see what purpose that would serve.  As I have been surfing on the net
I have noticed several places with live cameras (they have mostly
been city/sites).  My first inclination is to say no to that idea (I
certainly hope it isn't proposed here; we too are a small private
college and like you, open to the public).  Questions to consider: is
the camera on all the time; who decides what view is on the internet,
or are all on simultaneously;  why two cameras in the library; will
it alternate between the two stations; whose idea was it to put them
there; are there other campus alternatives; what about the front door
of the library to see who comes and goes!?  The more I think about
it, the more it seems almost "big brotherish" and I immediately
associate a certain discomfort level with that.  Please keep me
posted on if/how it's resolved and other suggestions that seem
helpful.  Vicki Gadberry, Reference Services Librarian, Mars Hill
College, Mars Hill, NC.
*-----

From: Dan Lester <DLESTER@bsu.idbsu.edu>
Subject: Pictures on the Web--Responses -Reply

Oh, my, oh my.....

Why am I not surprised at the tenor of the five replies to this
question.  As a published photographer, I know that it is legal
to photograph people in public places for noncommercial
purposes as long as the behavior being photographed is not
something that would hold them up to ridicule, shame, etc.
You DO need a model release if the photo will be used
commercially.  Unless someone convinces me that this use
at a private college is "commercial use" (which seems like a
real stretch to me...but then I wouldn't have given the old lady
who stupidly spilled McDonald's hot coffee in her lap a
penny), there doesn't appear to me to be any legal issue
involved.  The library is a public place, anyone can come in,
and I'm wiling to assume that the reference patrons aren't
doing anything embarrassing.  If they are, maybe that is
THEIR problem.  I'm also assuming that the shot is a wide
angle shot, with little if any chance of recognizing a book or
other private details of the reference transaction.  I'm also
assuming this is a typical webcam with no audio feed, or at
least no audio that would pick up the reference question.

I'm pretty familiar with all of the ALA guidelines for privacy,
etc, as well as the privacy laws of several states I've worked
in.  I've yet to see one that says that you can't tell that the
patron even came into the library (on the off chance you even
knew s/he was).  Privacy on circulation records, yes.  That is
particularly so in the over 40 states that have privacy laws.
And, even though we promise confidentiality on the reference
question and transaction as well, as would a physician or
priest, I've yet to hear of that theory or promise being upheld
in court.  And, no, I've not heard of it being turned down in
court either....I just don't believe it has been tested, as it has
with journalists, doctors, and others.

Once again, as so often happens in library and privacy
discussions, we're fussing and whining about a non-issue.

cyclops

Dan Lester, Network Information Coordinator
Boise State University Library, Boise, Idaho, 83725 USA
voice: 208-385-1235   fax:  208-385-1394
dlester@bsu.idbsu.edu     OR    alileste@idbsu.idbsu.edu
Cyclops' Internet Toolbox:    http://cyclops.idbsu.edu
"How can one fool make another wise?"   Kansas, 1979.

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