Library: harsh reality
The reason for writing this post was the article Copy works in the public domain? National Indian hut to help you . The article makes several claims to libraries. As it seemed to me, the main thing is the cost of paid services, the second one, in fact, refers to copyright. I will try to answer both, without delving into what the system of providing information was in the USSR and to what and why it has come now.
To begin, perhaps, with the fact that the law says about the relationship between readers and libraries. The library is a state institution, therefore it is obliged to obey everything emanating from the state, laws and other initiatives. Legislative activity of libraries is regulated by the following laws:
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I will dwell on the main law regulating the activities of libraries, the law on librarianship. What does the 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 lies in clause 7.4.6. By law, any library has the right to adopt the charter and rules for the use of the library and prescribe there what services will be paid, and it is possible to appeal against the legality of these documents only in a court of law.
Free services, which no one has the right to make paid, include only the provision of access to funds and catalogs, as well as advice, the provision of bibliographic information. Obtaining a copy of the document is possible in some cases only through the interlibrary loan system (IBA). All other services may be charged (at the discretion of the administration of a particular library). You can be indignant, you can not agree, but the law is the law.
Libraries are also guided by copyright law in their activities (Part 4 of the Civil Code). In part 2 of Article 1274. The free use of the work for informational, scientific, educational or cultural purposes is determined by the provision of access to works in libraries:
Copying of documents in libraries is governed by Article 1275. The free use of the work by reproduction:
Link to the website of the Consultant .
In case of violation of the law, the library is threatened with legal claims from copyright holders. Calculate where the book is taken from is simple: by library marks and stamps, which are affixed on the inside pages. That’s why the library employees have to make sure that readers don’t make unreported copies. Absurd, but true.
Libraries in Russia are subject to the Ministry of Culture. The leading industry, scientific and methodological center that has the largest funds is the notorious Leninka (RSL). If the culture is funded as a residual, then the library is the remainder of the residues. Confirmation of this can be found in dilapidated equipment and ceilings falling on the heads of readers due to the lack of repair. The draconian prices for scanning and copying are due to the fact that if the libraries live only on funds from the budget, then it will not be good for them to make repairs and buy what they need for work.
Now about the sad, that is, the transfer of library collections 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 funds. The program was closed in 2010 as ineffective. The allocated money (1.4 billion) disappeared in an unknown direction.
In the article mikejum also raised a personnel issue. Here, too, everything is sad. The salary of a librarian in the province is about 5,000 rubles. Meanwhile, the librarian is not just a woman with glasses, but a qualified worker with a higher education (in some positions and with two). Whether a promising young employee will work for such money is a rhetorical question. So they work in the grandmother's libraries, for which scanning is the height of skill.
There will be no conclusions, because they are all sad and obvious.
upd. I updated the post by commenting on vlsergey , which recalled that the law “On Copyright and Related Rights” dated 09/07/1993 N 5351-1 was no longer valid.
To begin, perhaps, with the fact that the law says about the relationship between readers and libraries. The library is a state institution, therefore it is obliged to obey everything emanating from the state, laws and other initiatives. Legislative activity of libraries is regulated by the following laws:
- Law "On Librarianship" N 119-FZ of December 29, 1994 and addition to it of June 3, 2009;
- The Law “On Information, Informatization and Protection of Information” dated February 20, 1995 N 24-;
- Regulations on the fundamentals of economic activity and financing of organizations of culture and art, approved by Decree of the Government of the Russian Federation of June 26, 1995 No. 609;
- Law “On the obligatory copy of documents” dated December 29, 1994 N 77- (as amended by Federal Law of February 11, 2002 No. 19-, as amended by Federal Laws of December 27, 2000, No. 150-, of December 24, 2002, No. 176-, dated 12.23.2003 N 186-);
- Part 4 of the Civil Code.
')
I will dwell on the main law regulating the activities of libraries, the law on librarianship. What does the 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. p. 4
In public libraries, citizens have the right to:
- to become users of libraries upon presentation of documents proving their identity, and minors under the age of 16 years old - documents proving the identity of their legal representatives;
- receive free full information on the composition of library collections through a catalog system and other forms of library information;
- receive free advice on finding and selecting sources of information;
- receive free of charge any document from library funds for temporary use;
- receive documents or their copies by 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. p. 5
In state and municipal libraries, library users have the right to maintain 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 the republic of the Russian Federation.
Article 7. p. 6
The library user may appeal to the court against the actions of a library official who infringe upon his rights.
The catch for readers here lies in clause 7.4.6. By law, any library has the right to adopt the charter and rules for the use of the library and prescribe there what services will be paid, and it is possible to appeal against the legality of these documents only in a court of law.
Free services, which no one has the right to make paid, include only the provision of access to funds and catalogs, as well as advice, the provision of bibliographic information. Obtaining a copy of the document is possible in some cases only through the interlibrary loan system (IBA). All other services may be charged (at the discretion of the administration of a particular library). You can be indignant, you can not agree, but the law is the law.
Libraries are also guided by copyright law in their activities (Part 4 of the Civil Code). In part 2 of Article 1274. The free use of the work for informational, scientific, educational or cultural purposes is determined by the provision of access to works in libraries:
In the case when the library provides copies of works lawfully entered into civil circulation for temporary gratuitous use, such use is allowed without the consent of the author or other copyright holder and without paying remuneration. At the same time, digital copies of works provided by libraries for temporary gratuitous use, including in the order of mutual use of library resources, can be provided only in library premises, provided that the possibility of creating copies of these works in digital form is excluded.
Copying of documents in libraries is governed by Article 1275. The free use of the work by reproduction:
1. It is allowed without the consent of the author or other rightholder and without paying remuneration, but with the obligatory indication of the name of the author whose work is used, and the source of borrowing reproduction (subparagraph 4 of clause 1 of article 1273) in a single copy without profit:
1) a lawfully published work - with libraries and archives for restoration, replacement of lost or damaged copies of the work and for providing copies of the work to other libraries that have lost them for some reason from their funds;
2) individual articles and low-volume works, lawfully published in collections, newspapers and other periodicals, short excerpts from legally published written works (with or without illustrations) - libraries and archives requested by citizens for educational or scientific purposes, and educational organizations for classrooms.
(as amended by the Federal Law of July 2, 2013 N 185-FZ)
(see the text in the previous edition)
2. Reproduction (reprographic reproduction) refers to the facsimile reproduction of a work using any technical means that is not carried out for the purposes 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 when creating temporary copies with the help of technical equipment intended for reproduction.
Link to the website of the Consultant .
In case of violation of the law, the library is threatened with legal claims from copyright holders. Calculate where the book is taken from is simple: by library marks and stamps, which are affixed on the inside pages. That’s why the library employees have to make sure that readers don’t make unreported copies. Absurd, but true.
Libraries in Russia are subject to the Ministry of Culture. The leading industry, scientific and methodological center that has the largest funds is the notorious Leninka (RSL). If the culture is funded as a residual, then the library is the remainder of the residues. Confirmation of this can be found in dilapidated equipment and ceilings falling on the heads of readers due to the lack of repair. The draconian prices for scanning and copying are due to the fact that if the libraries live only on funds from the budget, then it will not be good for them to make repairs and buy what they need for work.
Now about the sad, that is, the transfer of library collections 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 funds. The program was closed in 2010 as ineffective. The allocated money (1.4 billion) disappeared in an unknown direction.
In the article mikejum also raised a personnel issue. Here, too, everything is sad. The salary of a librarian in the province is about 5,000 rubles. Meanwhile, the librarian is not just a woman with glasses, but a qualified worker with a higher education (in some positions and with two). Whether a promising young employee will work for such money is a rhetorical question. So they work in the grandmother's libraries, for which scanning is the height of skill.
There will be no conclusions, because they are all sad and obvious.
upd. I updated the post by commenting on vlsergey , which recalled that the law “On Copyright and Related Rights” dated 09/07/1993 N 5351-1 was no longer valid.
Source: https://habr.com/ru/post/192352/
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