Library law
The Law Library is a cross-cutting issue , the laws and other legislation includes that for the work of libraries are and similar institutions of importance. Laws issued specifically for libraries, such as the legal deposit laws or the newer library laws, are the exception.
Regulations from the following areas of law are relevant for libraries:
- Civil law ( purchase contract , work contract , loan agreement , copyright )
- Criminal law (in particular damage to property , theft , receiving stolen goods , embezzlement )
- Administrative procedures , enforcement and costs
- Protection of minors , protection of minors in the media
- Telecommunications law
- Data protection law
- Budget law (federal, state, municipality)
- Civil service law , public service law
- Building law
- Monument protection
- Procurement law
Library rules are not part of library law, but can be significant within the framework of service law.
Friedrich List , Heinrich Treplin and Hildebert Kirchner in particular wrote basic works on German library law. Due to the rapid development, publications are now more likely to be found in specialist journals ( library service , ZfBB ) or on the Internet (see below).
Copyright in libraries
In the area of copyright in libraries, the conflicting interests of authors (authors, etc.) and library users must be reconciled. In particular, authors want to protect the exploitation rights of their intellectual property guaranteed by copyright law . Library users, on the other hand, want to see their basic right to information preserved. The balance between the interests of the author and the interests of the library user is resolved by the author's entitlement to remuneration ( library royalty ) on the one hand and through restrictions on the other.
Data protection law in libraries
Personal data from users, authors and employees are collected and processed in libraries . User data to be processed can include name, address, telephone number, but also data on borrowed media or outstanding fees as well as user numbers or tracking data contained in cookies . In order to preserve informational self-determination , libraries must have legal bases
- European ( GDPR , EU fundamental rights ),
- state (e.g. the German Federal Data Protection Act , the Austrian Data Protection Act or the Swiss Federal Act on Data Protection ),
- and state level (e.g. the German state data protection laws )
be respected. These legal bases oblige libraries, for example , to comply with the principle of data economy , to comply with their information obligation and to draw up data protection declarations and declarations of consent. More specific problems arise from the confrontation between data protection law and the fundamental right to information , for which libraries are particularly committed. Difficulties can also arise in the development of estates if the estate contains works by third parties, if they are still alive and if there is no declaration of consent from these third parties.
literature
- Collection of reports on library law: reports, opinions, recommendations, reports from the Legal Commission of the German Library Institute and the Commission for Legal Issues of the Association of German Librarians . Harrassowitz, Wiesbaden 2002. (Library Law, 1) ISBN 3-447-04541-8
- Thomas Hoeren : Internet Law (script, updated twice a year since 2003)
- Hildebert Kirchner : Outline of library and documentation law . 2., through Edition Klostermann, Frankfurt am Main 1993. ISBN 3-465-02602-0 ( preview in Google book search)
- Collection of decisions on library law . 2., revised. and exp. Edition Harrassowitz, Wiesbaden 2003. (Library Law, 2) ISBN 3-447-04642-2
- Ralph Lansky , Carl-Erich Kesper (Ed.): Library regulations . With bibliography on library law. 4., fundamentally revised. Ed., Loose-leaf ed. Klostermann, Frankfurt / Main 2007-, ISBN 978-3-465-03482-7 . (1st edition 1967.)
- Armin Talke: Library barriers : The use of copyrighted works in the library, teaching and research , Berlin 2018/2019, DOI: 10.17176 / 20180323-172729 .
- Peter Johannes Weber: KUR bibliography on art and law . In: KUR - Art and Law . 11 (2009), H.1-14 (2012), H.1; 15 (2013), H. 3/4 ->. There you will find information on new publications in library law under the heading Museum / Archive / Library
Web links
- Library portal: libraries and legal issues
- Dbv legal commission : legal information , publications
- HAW Hamburg : Library judgments
- Dirk Steinert ( FHVR Bayern ): Materials on library law with cases. 8th edition 2011
- Eric Steinhauer : Library Law ("virtual card box with notes and notes", 2005–2011)
