Contact Information: Department of Library Public Services 101 Helm Library Western Kentucky University 1906 College Heights Blvd. #11067 Bowling Green, Kentucky 42101-1067 Phone: (270) 745-5007 FAX: (270) 745-2275 Email: bryan.carson@wku.edu

Education
Position Description
Research
Public Services
Awards

• Currently a doctoral student in Higher Education Leadership & Policy, Peabody College/Vanderbilt University
• M.I.L.S. Library Science (1993). University of Michigan, Ann Arbor
• J.D. (Juris Doctor) Law (1990). University of Toledo, Toledo
• B.A. Economics (1986). Adrian College, Adrian, Michigan
• A.A. Pre-Arts (1985). Ferris State University, Big Rapids, Michigan

I have been a member of the Department of Library Public Services faculty since 1999. My duties include coordinating the reference and Periodicals units and overseeing the Library Instruction program for WKU libraries. I am the subject librarian and liaison for collection Development and teaching on the following accounts: Philosophy, Religion, Russian/Eastern European Studies, Middle Eastern Studies, African materials, and Library Media Education.

Courses Taught

Associated faculty member in the Library Media Education program in the WKU College of Education and Behavioral Sciences, Department of Special Instructional Programs. Courses taught include:

• LME 503 (later re-numbered as LME 512), The Library in Society, Graduate Seminar
• LME 408, Reference and Bibliography, Undergraduate Classroom Class
• LME 508, Reference Sources and Services, Graduate Classroom Class
• LME 508, Reference Sources and Services, Graduate Online Class

My major research interests are copyright and intellectual property, privacy issues, and legal issues in librarianship. In December 1999, I was appointed Editor of the "Legally Speaking" column in the journal Against the Grain.

In April 2004, I was awarded the Faculty Research Award for Research and Creativity for Western Kentucky University Libraries & Information Technology. This honor recognized a series of peer-reviewed articles in the journal Against the Grain on legal issues in librarianship, education, and intellectual property.

Books

The Law of Libraries & Archives, Scarecrow Press, 2007.
The goal of this book is to explain legal concepts in plain English so that librarians and archivists will be able to understand the principles that affect them on a daily basis. Some of the issues included in the book include contracts, copyright and patent law, fair use, the TEACH Act, trademark law, licensing of databases, information malpractice and professionalism, privacy issues and the PATRIOT Act, employment law, and the basics of starting a non-profit organization. For more information, See the Website for The Law of Libraries & Archives.

 

How to Conduct Legal Research (Under contract; to be issued Spring 2009 by Scarecrow Press).
This book, aimed at an audience of librarians, will explain how to conduct legal research. The book will also include information on researching the various branches of government.

Articles

Surveying Privacy: Library Privacy Laws in the S.E. United States, 49-3/4 Southeastern Librarian pp. 19-28 (January 2002). This article was the first peer-reviewed article to discuss the impact of the USA PATRIOT Act on library privacy. The article discussed, compared, and explained the library privacy laws in 12 Southeastern states (including Kentucky) and the District of Columbia.

What is Copyright?, 65-3 Kentucky Libraries pp. 30-33 (Summer 2001). This article gives the reader an understanding of the basic principles of copyright law, including Fair Use, the Work-for-Hire doctrine, and exceptions for library users.

Librarians Need Licensing and Certification, 1-9 AALL Spectrum pp. 13-15 (June 1997). Available online at www.wku.edu/~bryan.carson/articles/certlic.htm. This article is a discussion of the educational requirements for entering the profession of librarianship. I also make a call for a national licensing and/or certification system in order to ensure the continuation of high-quality librarians and to stem the tide of outsourcing.

In December 1999, I was appointed Editor and Columnist of the “Legally Speaking” column in the journal Against the Grain, a peer-reviewed journal for librarians, publishers, and book distributors. Here is a list of my articles for Against the Grain:

Virtual Copyright: The Applicability and Ownership of Copyright in Second Life, 19-5 Against the Grain pp. 80-83 (November 2007).

The Importance of Intellectual Property Licensing in 21st Century Libraries, 19-4 Against the Grain pp. 1, 16 (September 2007).

Electronic Reserves and the Failed CONFU Guidelines: A Place to Start Negotiations, 19-4 Against the Grain pp. 30, 32, 34 (September 2007).

Drama in the Library: Always Seek Permission to Publicly Perform Scripts, Even When the Library Owns Them, 19-2 Against the Grain pp. 66-68 (2007).

Intellectual Property Round Up, 18-6 Against the Grain pp. 57-59 (December 2006).

John Doe and the PATRIOT Act, 18-4 Against the Grain pp. 70-72 (September 2006).

Round-up of Library-Related Legislation in the 109th Congress, 18-3 Against the Grain pp. 52-54 (June 2006).

Creating a Level Playing Field in the WIPO: The Chilean Proposal to Standardize Library Copyright Exceptions Worldwide, 17-6 Against the Grain pp. 70-2 (December 2005).

What's Coming Down the Pike: Trademark and Patent Bills Pending in Congress, 17-4 Against the Grain pp. 58, 60-1 (2005).

How to File a Freedom of Information Act Request, 17-3 Against the Grain pp. 82-85 (2005).

The Top 10 Intellectual Property Cases of the Past 25 Years, 17-2 Against the Grain pp. 58-60, 62-67 (2005).

Independent Contractors, Work For Hire Agreements, and The Way To Avoid A Sticky Mess, 16-6 Against the Grain pp. 52, 54, 56 (December 2004).

The World Wide Web and Intellectual Property Law: Digital Transmitting, Linking, Framing, and Other Potential Problems, 16-5 Against the Grain pp. 68-71 (November 2004).

‘A Wink is as good as a Nod:’ The Law of Trade Secrets, 16-4 Against the Grain pp. 74-76 (September 2004).

Tarisoff, Patron Confidentiality, and Duty to Society: An Ethical Quandary, 16-3 Against the Grain pp. 76-79 (June 2004).

Bryan Carson and Robin McGinnis, The Other ‘L’ Word: A Primer for Creating Library Lobbying and Marketing Campaigns While Staying Within the Law, 16-2 Against the Grain pp. 60-64 (April 2004).

Dewey, Dastar, and the OCLC-Library Hotel Dispute: A Question of Trademark or Copyright, 16-1 Against the Grain pp. 70-74 (January 2004). This article discusses trademark law in the context of a trademark dispute between the Online Computer Library Center (OCLC) and the Library Hotel in New York City. After talking about the basic principles of trademark law, I analyze the claims of each party in light of current statutes and case law.

TEACHing Online: An Update on the TEACH Act, 15-6 Against the Grain pp. 34, 36, 40 (November 2003). After the passage of the Technology, Education and Copyright Harmonization Act (TEACH Act), it became legal for educators to use materials in ways that they could previously only do in a classroom setting. This article discusses the TEACH Act, and gives educators recommendations for the legal use of materials in distance education courses.

‘To Filter or Not to Filter: That is the Question:’ A Brief Discussion of Internet Use Policies, 15-4 Against the Grain pp. 86-90 (September 2003). This column discusses the Children’s Internet Protection Act (CIPA) and U.S. Supreme Court decision in the case United States v. American Library Association. I also make recommendations for changes to Internet use policies as a result of the decision in the case.

Consideration and the Statute of Frauds: Necessary Elements in the Formation and Enforcement of Contracts, 15-3 Against the Grain pp. 72-75 (June 2003). Since we all enter into contracts on a regular basis, it is important to understand necessary formalities. This column discusses some of the formal requirements for entering into a valid contract.

‘The Tie that Binds:’ The Nuts and Bolts of Contract Formation, 15-2 Against the Grain pp. 75-77 (April 2003). Contracts are the basis of our society, so it is important that we understand how contracts are formed. This article discusses the basic principles of contract formation so that readers will understand what they are doing.

Do We Still need Books for Legal Research? (Why books still matter), 14-5 Against the Grain pp. 76-77 (November 2002). This article discusses the myth that “everything is available online,” and explains why this belief is not true. The article discusses the use of books and print materials for legal research, and explains why it is still important for researchers to use print materials.

Search Warrants and Records: What Libraries and Bookstores Need to Know, 14-4 Against the Grain, pp. 75-77 (September 2002). Librarians and booksellers need to know about search warrants and the law of search and seizure, not only because of patron privacy, but also for reasons of library security and the investigation of crimes in the library. This column discusses the basic laws pertaining to search warrants and investigation of crimes in the library setting.

I got you babe! The Sonny Bono Copyright Term Extension Act & Eldred v. Ashcroft, 14-3 Against the Grain pp. 59-60, 62 (June 2002). This article discusses the “Sonny Bono Copyright Term Extension Act” (also known as the Copyright Term Extension Act, or CTEA), which extended copyright protection for an additional 20 years. In addition, I talk about the case of Eldred v. Ashcroft, a U.S. Supreme Court case that challenged the constitutionality of the law.

The Copyright Status of Unpublished Works, 14-2 Against the Grain pp. 54, 56-58 (April 2002). Wilson Mizner said, “If you steal from one author, it’s plagiarism; if you steal from many, it’s research.” In order to avoid breaking the law, researchers need to know about the rules dealing with unpublished lectures, letters, and manuscripts, the staples of historical and archival work. This column deals with the law of unpublished works.

Fair Use and the Common Law of Copyrights, 14-1 Against the Grain pp. 60-63 (February 2002). Authors, publishers, faculty members, and librarians need to be aware of some significant differences between the Federal copyright statute and the common law of copyrights. This article discusses the Fair Use of materials that have not been formally copyrighted under the Federal copyright statute, but which qualify for copyright protection under state common law.

Researching the Legal Issues Faced by Librarians, Publishers, and Book Distributors, 13-6 Against the Grain pp. 63-66 (December 2001). Since not everyone is fortunate enough to have a comprehensive law library available to close by, it is important to know about the resources available on the free Web. This column is a rundown of some of the major Websites that contain legal materials for librarians, publishers, and book distributors.

Copyright, Tasini, and our New Reality, 13-5 Against the Grain pp. 75-76 (November 2001). This article discusses the ruling in the case of New York Times v. Tasini. I talk about the ramifications of the U.S. Supreme Court decision, and explain what it means for libraries.

Copyright and Distance Education, 13-4 Against the Grain pp. 68-70 (September 2001). Is the Internet different? Can faculty use the same materials in distance education courses that they can in the classroom? This article discusses copyright law and exceptions for the educational use of materials in online classes.

Domain Names, Cybersquatting, and the ICANN System, 13-3 Against the Grain pp. 71-74 (June 2001). This article discusses the legal background of our system of Internet domain names, along with some trademark issues and regulation of the system.

Databases, Tasini and the Information Age, 13-2 Against the Grain pp. 60, 62-63 (April 2001). This column is a discussion of the case of New York Times v. Tasini, which involved copyright and author payment for articles included in research databases. It includes arguments from both sides, as well as an analysis of the legal questions in the case.

Reference Questions and the Unauthorized Practice of Law, 13-1 Against the Grain pp. 57-59 (February 2001). This column explains legal restrictions on the type of questions that librarians can answer, along with an explanation of the ramifications for “going over the line.” I also include recommendations for how to help library users while staying within the law.

Written Law from Gutenberg to the Internet, 12-6 Against the Grain pp. 74-76, 78 (December 2000). This column traces the written law from the Gutenberg Press through the development of the Internet. It includes a history of the English Common Law system and its spin-off, the American legal system.

Publishing the Law: The Origins of Legal Publishing, 12-5 Against the Grain pp. 68-72, 76 (November 2000). This article discusses the origins of the written law, covering the period from Mesopotamia through the invention of the printing press.

Libel, 12-4 Against the Grain pp. 63-4, 66 (September 2000).

What do the Microsoft Trial and Verdict Really Mean?, 12-3 Against the Grain pp. 79-80, 82 (June 2000). This article explains the legal basis of the Microsoft antitrust trial and verdict, and explains how the library and publishing community are affected by the trial.

What is Intellectual Property?, 12-2 Against the Grain p. 52-54 (April 2000). This article gives an introduction to the field of intellectual property. Intellectual property, including copyright, trademark, and patent law, covers a wide variety of property created by musicians, authors, artists, and inventors, and is the basis of our system of publishing.

The Uniform Computer Information Transactions Act: 2B or not 2B, 11-6 Against the Grain pp. 54-58 (December 1999). This article discusses UCITA, the Uniform Computer Information Transactions Act. UCITA is a proposed statute which attempts to codify current practices and add protections that some vendors and publishers feel is necessary. However, even those who believe a new law is necessary find certain provisions of the proposed law unpalatable. This article discusses the creation of UCITA and some of the objections that opponents have to this statute.

Exhibits

Co-Curator, Living On: Portraits of Tennessee Holocaust Survivors and Liberators.
This major photographic exhibit, created by the Tennessee Holocaust Commission, was shown in three parts on campus. As the curator for the portion of the exhibit that was shown in Helm Library, I was responsible for selection and mounting of the exhibit. The library’s portion of the exhibit included 18 photographs of Tennessee survivors and liberators, as well as a video exhibit, an audio tour, and three exhibits created at WKU. The exhibit also contained panels from the Center for Holocaust and Humanity Education at Hebrew Union College entitled From the Children, About the Children, For the Children: Art of the Holocaust. I also assisted with the scheduling of lectures to supplement the exhibit.

Curator, Religious Observance in Kentucky and Tennessee.
This photographic exhibit was shown at the Bowling Green International Festival on September 21, 2002. Most of the photographs were selected from the collections of the Kentucky Library; a few were used with the permission of local photographers. The exhibit was shown the entire day at the festival.

Reviews

Book Reviews in The International Journal of Educational Advancement, Legal Information Alert, Research Advisor, Law Library Journal, and Law Library Xchange.

Papers Presented

Carson, Bryan. "A Loaf of Bread, A Cup of Coffee, and Thou by my Side." Presenter, Kentucky Library Association Academic Section, April 19, 2007.

Carson, Bryan & Carol Watwood. "Library Research Skills and the Nursing Curriculum." Co-Presenter, Kentucky Library Association Academic Section, April 15, 2005.

Carson, Bryan. "Help! I Need Info on Consumer Law/Finance!" Presenter, Kentucky Library Association/Kentucky School Media Association Annual Conference, September 17, 2004.

Carson, Bryan. "Copyright Law, Distance Education, & the TEACH Act, Legal & Ethical Issues in Teaching." Presenter, WKU Center for Teaching and Learning, June 5, 2003.

Carson, Bryan. "Intellectual Property, Legal & Ethical Issues in Teaching." Presenter, WKU Center for Teaching and Learning, June 7, 2002.

Carson, Bryan. "The Past is the Future: A Reassessment of Research Instruction." Presenter, Kentucky Library Association Academic Section, April 11, 2002.

Carson, Bryan. "Yom HaShoah--The Holocaust." Presenter, Religious Diversity in America, April 9, 2002.

Carson, Bryan. "Judaism in Kentucky." Presenter, Religious Diversity in America, April 9, 2002.

Carson, Bryan & Rose Davis. "UCITA: What You Should Know as a Librarian or a Trustee." Co-Presenter, Kentucky Library Association, October 19, 2001.

Carson, Bryan & Charles Smith. "Integrating the Library in to Your Classroom." Co-Presenter, Kentucky Council on Postsecondary Education Faculty Development Conference, May 22, 2001.

Carson, Bryan. "Judaism and the Holocaust." Presenter, Diversity Rocks! Western Kentucky University, April 19, 2001.

Smith, Charles, Bryan Carson & Haiwang Yuan. "A Reference Outreach Project Integrating Departmental Faculty Input." Kentucky Library Association, October 18, 2000.

Public Services

Professional

For National/State Organizations:

• Admitted to practice law in the Ohio Bar (1990) and Kentucky Bar (1991)
• Kentucky SOLINET Users Group
  • Chair, 2002-2003
  • Chair-Elect, 2001-2002
  • Scholarship Committee, 2000-2002
  • Planning Committee, 2001
  • Recruitment Committee, 1999-2000
• Kentucky Library Association Library Instruction Round Table
  • Chair, 2002-2003
  • Vice-Chair (Chair-Elect), 2001-2002
• Kentucky Library Association Academic Section
  • Auditing Committee, 2001-2004
  • Membership Committee, 2000-2001
• American Library Association Library Administrative Management Association Public Relations Section
  • Chair, Governmental Advocacy Skills Committee, 2005 (Member, 2001-2004)
• American Library Association Reference and User Services Association
  • Co-chair, Access to Information Committee, 2006 (Member, 2002-2006)
• Special Libraries Association
  • Chair, 1998-99 Legal Division Social Committee
  • Webmaster for Local Arrangements Website, 1999 Special Libraries Association Annual Conference
• American Association of Law Libraries.
  • Planning Committee Member, 1998 Midwest Regional Conference

For WKU

• Member, WKU Faculty Senate Annual Report Committee, 2007.
• Member, Library Subcommittee, Council for Postsecondary Education Task Force for the Development of a Collaborative Statewide Public Health Program, 2005 to present.
• Member, Ad Hoc Advisory Committee on Faculty Continuance, Summer 2005.
• Academic Coach and Faculty Advisor, WKU Mock Trial Team, 2005-2006.

• Member, WKU Distance Education Advisory Committee (Reach U Advisory Committee), 2001 to 2004.
• Member, WKU Intellectual Property Committee, February 2000 to present.
• Affirmative Action Liaison for WKU Libraries and Museum, 2000 to 2004.
• Member, WKU Teaching Resource Faculty Committee, 1999 to present.
• New faculty mentor, Center for Teaching and Learning, 2001-2004.
• Member, Library Media Education Web Task Force for UC101 Library Component, 2000-2001 and 2002-2003.
• Faculty Advisor, Jewish Student Organization at Western Kentucky University, June 2002 to present.
• Co-Advisor & Webmaster, Jewish Student Organization, August 2000 to June 2002.

For University Libraries

• Member, Electronic Information Resources Committee, August 1999 to present.
• Member, Serials Review Committee, August 1999 to present.
• Member, WKU Libraries and Museum Web Site Team, September 1999 to present.
• Chair, Faculty Library Award Committee, Spring 2002.
• Chair, Western Authors Reception Committee, Spring 2001.
• Member, Library Satisfaction Survey Validity Study Committee, 1999 to 2000.
  • Conducted Library Satisfaction Survey, February 2000.
• Member of the Library Statistics Committee, 1999 to 2000.

For Your Department

• Member, Compact Shelving Task Force, Spring 2003.
• Chair, Task Force to Re-Open the Historic Helm Entrance, Spring 2002.
• Chair, Weekend Librarian Search Committee, Spring 2001.
• Chair, Weekend Librarian Search Committee, Spring 2000.
  Chair, Humanities and Social Sciences Search Committee, Fall 2000.
• Member, Social Sciences Librarian Search Committee, Spring 2000.
• Participated in WKU Libraries/Warren County Bar Association review of Law Library services, October 1999.

For the Library Media Education Program

• Participated in the NCATE (National Council for the Accreditation of Teacher Education) and AASL (American Association of School Libraries) Program Self-Study and Re-Accreditation, 2003 to Present.
• Member, Library Media Education Curriculum Committee, 2002 to Present.
• Participated in the creation of and evaluation of the Library Media Education Comprehensive Examination, 2003.

Community

• Congregation Am Shalom--The Jewish Congregation of Bowling Green
  • Chair, Ritual Committee, 2004 - Present.
  • President, 2002 to 2004.
  • Vice-President for Education and Programming, September 2000 to June 2002.
  • Webmaster, 1999 to Present (Used professional skills to enhance the congregation's Website and to provide research links).
• Member, Going Green Bowling Green. Assisted in preparing position paper for City-County Planning Agency, 2007.
• Southern Kentucky Interfaith Council, Founding President, August 2001 to August 2002
• Worked with the Western Kentucky Refugee Mutual Assistance Association to enhance library services for immigrants and refugees in Warren County, 1999 to present
• Community Involvement Programs, Board of Directors, Minneapolis, Minnesota, 1999 (Non-profit social service agency with a $6 million budget, 60 employees, and 500 clients)
• Association of the Bar of the City of New York, Librarian Advisory Council, 1996

I have written or compiled the following materials, available on the World Wide Web:

• Websites for Copyright, Patent, Trademark, and Intellectual Property
• Judaism on the Web
• Librarians need licensing and certification
• Finding Resources in Philosophy and Ethics

Awards

• Faculty Award for Public Service, Western Kentucky University Libraries, March 2007.
  This award is given to a faculty member for distinguished activity in public service whose activities typify the ideals of academic excellence.
• Faculty Research Award for Research and Creativity, Western Kentucky University Libraries, April 2004.
  This honor recognized a series of peer-reviewed articles in the journal Against the Grain on legal issues in librarianship, education, and intellectual property.