Library: harsh reality
The reason for writing this post was the article Copy works in the public domain? National Native American hut to help you . The article makes several claims to libraries. It seemed to me that the main one is the cost of paid services, the second is, in fact, related to copyright. I will try to answer both, without delving into what kind of system of providing information in the USSR and to what and why it has now arrived.
I will begin, perhaps, with the fact that the law speaks of the relationship between readers and libraries. The library is a state institution, therefore it is obligated to obey all laws of the state and other initiatives. The legislative activity of libraries is regulated by the following laws:
I will dwell on the basic law governing the activities of libraries, the law "On Librarianship." What does FZ-119 say about the right of citizens to access information?In Article 5, access to library services is guaranteed to all citizens of the Russian Federation. And here lies one “but”: free, free access is provided only to information and funds. Why? We read article 7.
The catch for readers here is in clause 7.4.6. By law, any library has the right to adopt the charter and rules for using the library and register there which services will be paid, and it is possible to appeal the lawfulness of these documents only in court.
Free services, which no one has the right to make paid, include only providing access to funds and catalogs, as well as advisory assistance, providing bibliographic information. Obtaining a copy of a document is possible in some cases only through the interlibrary loan system (MBA). All other services may be paid (at the discretion of the administration of a particular library). One may be indignant, one may disagree, but the law is the law.
Libraries are also guided by copyright laws in their activities (Part 4 of the Civil Code). In part 2 of Article 1274. Free use of a work for informational, scientific, educational or cultural purposes, the provision of access to works in libraries is determined:
Copying of documents in libraries is regulated by Article 1275. Free use of a work by reproducing:
Link to the website of the Consultant .
In case of violation of the law, the library faces legal claims from copyright holders. Calculating where the book comes from is simple: by library notes and stamps that appear on the internal pages. That is why library workers are forced to ensure that readers do not make unaccounted copies. It is absurd, but true.
Libraries in Russia are subordinate to the Ministry of Culture. The leading branch, scientific and methodological center with the largest funds is the notorious Leninka (RSL). If culture is funded on a residual basis, then libraries are the remainder of the residuals. Confirmation of this can be found in the dilapidated equipment and ceilings falling on the heads of readers due to lack of repair. Draconian prices for scanning and photocopying are due to the fact that if libraries will live only on budget funds, then there will be nothing to make repairs and buy necessary for work.
Now about the sad, that is, the transfer of library funds to electronic media. In 2001, the state program Electronic Russia began to operate, one of the points of which was precisely the digitization of library collections. The program was closed in 2010 as ineffective. The allocated money (1.4 billion) disappeared in an unknown direction.
In the article, mikejum also addressed the personnel issue. Everything here is also sad. The librarian's salary in the province is about 5,000 rubles. Meanwhile, the librarian is not just a woman with glasses, but a skilled worker with higher education (in some positions and with two). Whether a young promising employee will go to work for such money is a rhetorical question. So grandmothers work in libraries, for which scanning is the highest skill.
There will be no conclusions, because they are all sad and obvious.
upd. Updated the post based on vlsergey’s comment , recalling that the Law on Copyright and Related Rights of July 9 , 1993 , No. 5351-1, has lost its force.
I will begin, perhaps, with the fact that the law speaks of the relationship between readers and libraries. The library is a state institution, therefore it is obligated to obey all laws of the state and other initiatives. The legislative activity of libraries is regulated by the following laws:
- Law "On Librarianship" N 119-ФЗ dated December 29, 1994 and its supplement dated June 3, 2009;
- The Law "On Information, Informatization and Information Protection" of February 20, 1995 N 24-ФЗ;
- Regulation on the fundamentals of economic activity and financing of cultural and art organizations, approved by Decree of the Government of the Russian Federation of June 26, 1995 No. 609;
- The Law "On the Mandatory Copy of Documents" dated December 29, 1994 N 77-ФЗ (as amended by the Federal Law dated 11.02.2002 N 19-ФЗ, as amended by the Federal Laws dated 27.12.2000 N 150-ФЗ, dated 24.12.2002 N 176-ФЗ, dated December 23, 2003 N 186-ФЗ);
- Part 4 of the Civil Code of the Russian Federation.
I will dwell on the basic law governing the activities of libraries, the law "On Librarianship." What does FZ-119 say about the right of citizens to access information?In Article 5, access to library services is guaranteed to all citizens of the Russian Federation. And here lies one “but”: free, free access is provided only to information and funds. Why? We read article 7.
Article 7. Clause 4
In public libraries, citizens have the right:
- become users of libraries upon presentation of documents proving their identity, and minors under the age of 16 years - documents proving the identity of their legal representatives;
- receive free of charge full information on the composition of library collections through the catalog system and other forms of library information;
- get free consultative assistance in finding and choosing sources of information;
- to receive for free temporary use any document from library collections;
- receive documents or their copies through interlibrary loan from other libraries;
- use other types of services, including paid ones, the list of which is determined by the rules for using the library.
Article 7. clause 5
In state and municipal libraries, library users have the right to service and receive documents in Russian as the state language of the Russian Federation, and in the republics of the Russian Federation also in the state language of this republic of the Russian Federation.
Article 7. Clause 6
A library user may appeal to the court the actions of a library official that infringe on his rights.
The catch for readers here is in clause 7.4.6. By law, any library has the right to adopt the charter and rules for using the library and register there which services will be paid, and it is possible to appeal the lawfulness of these documents only in court.
Free services, which no one has the right to make paid, include only providing access to funds and catalogs, as well as advisory assistance, providing bibliographic information. Obtaining a copy of a document is possible in some cases only through the interlibrary loan system (MBA). All other services may be paid (at the discretion of the administration of a particular library). One may be indignant, one may disagree, but the law is the law.
Libraries are also guided by copyright laws in their activities (Part 4 of the Civil Code). In part 2 of Article 1274. Free use of a work for informational, scientific, educational or cultural purposes, the provision of access to works in libraries is determined:
In the event that the library provides copies of works legally entered into civil circulation for temporary gratuitous use, such use is allowed without the consent of the author or other copyright holder and without payment of remuneration. At the same time, digitally expressed copies of works provided by libraries for temporary free use, including through the mutual use of library resources, can only be provided on library premises, provided that it is impossible to create copies of these works in digital form.
Copying of documents in libraries is regulated by Article 1275. Free use of a work by reproducing:
1. Reproduction is permitted without the consent of the author or other copyright holder and without payment of remuneration, but with the obligatory indication of the name of the author whose work is used and the source of the loan (subparagraph 4 of paragraph 1 of Article 1273) in a single copy without making profit:
1) a legally published work - libraries and archives for the restoration, replacement of lost or damaged copies of a work and for providing copies of a work to other libraries that have lost them for any reason ranks from their funds;
2) individual articles and small-volume works lawfully published in collections, newspapers and other periodicals, short excerpts from lawfully published written works (with or without illustrations) - libraries and archives at the request of citizens for use for educational or scientific purposes, as well as educational organizations for classroom activities.
(as amended by Federal Law of 02.07.2013 N 185-ФЗ)
(see the text in the previous edition)
2. Reproduction (reprographic reproduction) means the facsimile reproduction of a work using any technical means, not carried out for the purpose of publication. Reproduction does not include the reproduction of a work or the storage of its copies in electronic (including digital), optical or other machine-readable form, except in cases of creating temporary copies with the help of technical means intended for reproduction.
Link to the website of the Consultant .
In case of violation of the law, the library faces legal claims from copyright holders. Calculating where the book comes from is simple: by library notes and stamps that appear on the internal pages. That is why library workers are forced to ensure that readers do not make unaccounted copies. It is absurd, but true.
Libraries in Russia are subordinate to the Ministry of Culture. The leading branch, scientific and methodological center with the largest funds is the notorious Leninka (RSL). If culture is funded on a residual basis, then libraries are the remainder of the residuals. Confirmation of this can be found in the dilapidated equipment and ceilings falling on the heads of readers due to lack of repair. Draconian prices for scanning and photocopying are due to the fact that if libraries will live only on budget funds, then there will be nothing to make repairs and buy necessary for work.
Now about the sad, that is, the transfer of library funds to electronic media. In 2001, the state program Electronic Russia began to operate, one of the points of which was precisely the digitization of library collections. The program was closed in 2010 as ineffective. The allocated money (1.4 billion) disappeared in an unknown direction.
In the article, mikejum also addressed the personnel issue. Everything here is also sad. The librarian's salary in the province is about 5,000 rubles. Meanwhile, the librarian is not just a woman with glasses, but a skilled worker with higher education (in some positions and with two). Whether a young promising employee will go to work for such money is a rhetorical question. So grandmothers work in libraries, for which scanning is the highest skill.
There will be no conclusions, because they are all sad and obvious.
upd. Updated the post based on vlsergey’s comment , recalling that the Law on Copyright and Related Rights of July 9 , 1993 , No. 5351-1, has lost its force.