1. Web Design and the Law

2. • Not all of these apply equally to school library Web sites,
as Kennedy says the more you know, the less likely you are
get in trouble.
• Those who have worked with Web page design and
construction have probably violated copyright law in some
way. Just as a review, the copyright holder has 5 rights
granted by law:

3. The right to reproduce the copyrighted work.
The right to prepare derivative works based
on the work.
The right to distribute copies of the work to
the public.
The right to perform the copyrighted work
publicly.
The right to display the work publicly.

4. Copyright issues and the Internet remain somewhat murky with
several key issues not yet adjudicated. Most of us have looked
at what we consider to be good Web sites and, following the old
adage, “why reinvent the wheel,” have borrowed content and
graphics from the site.

5. Unfortunately most of us did not ask the Webmaster’s
permission and may have received a letter or e-mail asking
either credit be given or that the content be removed from
the Web site.
Many of these unresolved issues deal with links and images,
and there are a lot of corporate lawyers waiting to tell you to
“cease and desist”.

6. Unfortunately many educators feel if an image is used for
educational purposes it falls under fair use and is not subject
to copyright law. Two examples should banish the notion:
• Your Web page’s theme is ideal for some Bugs Bunny images
so you find some on the Warner Bros. site and copy them for
use on your Web page. Warner Bros. attorney will send you a
polite but firm letter to cease and desist very soon after the
page is posted.

7. • As a school librarian you want to provide links for your
administrators, teachers, students, or even parents to
purchase concert tickets without having to use Ticketmaster’s
site. Again, Ticketmaster lawyers will instruct you to remove
the links or face legal action.

8. Three First Amendment issues can get you in some legal hot
water. The first of these is less applicable to school libraries
than other types of libraries, but the other two are definitely
generic to school libraries.

9. 1. Interactive discussion forums. These are just so full of
legal issues that the best advice librarians can get is to not
do them.
2. Advertising. This is a large issue in most schools. The
school district may have a policy addressing this issue but if
they do not, do not advertise for products. You may find
yourself in trouble when you need to refuse to advertise a
product that would not be suitable to sell over your Web site.

10. 3. Accessibility. Suffice to say school districts are bound by
ADA guidelines for accessibility on Web sites just as its
physical facilities are bound by ADA.