# Presentation: 827551

## The Fine Print

- Issues Moderator:  John Raubitschek
- Foreign Copyrights
- Tag
- Notice
- Terms, Conditions & Disclaimers
- Embedded copyrighted material
- Legal Considerations Moderator:  Rob Kasunic
- Sec 105, 403, 1202

## Foreign Government Copyrights in Government Works

- Australia ** Brazil ** Canada ** Chile **  Columbia ** Costa Rica ** Cuba ** Cyprus ** El Salvador ** Ghana ** India **  Kenya ** Luxembourg ** Malaysia ** Nepal ** Nicaragua ** Pakistan ** Paraguay ** Peru ** Spain ** United Kingdom ** Uruguay ** Venezuela ** Yugoslavia

## Government Works:

U.S.Government Work (Title 17 USC §105)Not copyrighted in the U.S.   Foreign copyrights may apply.

U.S.Government Work (Title 17 USC §105)
	Not copyrighted in the U.S.  Foreign copyrights may apply.Includes copyrighted material used with permission as noted

Assignments to the Government:

© (Year) United States Government as represented by the Secretary of (Department).

- U.S.Government Work (Title 17 USC §105)Not copyrighted in the U.S.   Foreign copyrights may apply.
- U.S.Government Work (Title 17 USC §105)
- 	Not copyrighted in the U.S.  Foreign copyrights may apply.Includes copyrighted material used with permission as noted
- Assignments to the Government:
- © (Year) United States Government as represented by the Secretary of (Department).

- US Government Works Notices

## US Government Works Notices

## US Government Work Notices

- A Forensic Analysis of Construction Litigation, U.S. Naval Facilities Engineering Command" by LT Jeffrey Joseph Killian, May 2003, University of Texas at Austin.
**This is a work of the U.S. Government and is not subject to copyright protection in the U.S.  Foreign copyrights may apply.**
- This thesis was sponsored by and submitted to the Director of Civilian Institutions Programs Naval Post Graduate School in compliance with NAVPGSCOLINST 1520.1F.
- The views expressed are those of the author and do not reflect the official policy of the U.S. Department of Navy or the U.S. Government.
- The author should be acknowledged and attributed as the source of the material.
*The National Nanotechnology Initiative at Five Years: Assessment and Recommendations of the National Nanotechnology Advisory Panel.**** ***May 2005. Executive Office of the President. President's Council of Advisors on Science and Technology. Washington, DC. 60 pages. _[http://](http://www.ostp.gov/PCAST/PCASTreportFINALlores.pdf)__[www.ostp.gov/PCAST/PCASTreportFINALlores.pdf](http://www.ostp.gov/PCAST/PCASTreportFINALlores.pdf)_
- Copyright information: **This document is a work of the U.S. Government and is in the public domain.  Subject to the following stipulation**, it may be distributed and copied
-  Copyrights to graphics included in this document are reserved by original copyright holders or their assignees, and are used here under the Government's license and by permission.

## US Government Work Notices

**NASA Procedural Requirements NPR 2220.2****Subject: Requirements for Documentation, Approval, and Dissemination of NASA Scientific and Technical Information**
- _[http://nodis3.gsfc.nasa.gov/displayDir.cfm?Internal_ID=N_PR_2200_002B_&page_name=Chapter4](http://nodis3.gsfc.nasa.gov/displayDir.cfm?Internal_ID=N_PR_2200_002B_&page_name=Chapter4)_
**(b) Notice for Copyrighted Information (Government Works)**
*Notice for Copyrighted Information *This manuscript is a work of the United States Government authored as part of the official duties of employee(s) of the National Aeronautics and Space Administration. **No copyright is claimed in the United States under Title 17, U.S. Code. All other rights are reserved by the United States Government.** Any publisher accepting this manuscript for publication acknowledges that the United States Government retains a nonexclusive, irrevocable, worldwide license to prepare derivative works, publish or reproduce the published form of this manuscript, or allow others to do so, for United States Government purposes.
**(c) Notice for Copyrighted Information (Joint Works)**
*Notice for Copyrighted Information *This manuscript is a joint work of employees of the National Aeronautics and Space Administration and employees of _________ under Contract/Grant No.________ with the National Aeronautics and Space Administration. The United States Government may prepare derivative works, publish or reproduce this manuscript, and allow others to do so. Any publisher accepting this manuscript for publication acknowledges that the United States Government retains a nonexclusive, irrevocable, worldwide license to prepare derivative works, publish or reproduce the published form of this manuscript, or allow others to do so, for United States Government purposes.

## US Government Work Notices

- Textbook of Military Medicine:  Medical Aspects of Chemical and Biological Warfare.Office of the Surgeon General, Department of the Army._[http://www.bordeninstitute.army.mil/cwbw/default_index.htm](http://www.bordeninstitute.army.mil/cwbw/default_index.htm)_
- This volume does not constitute official policy of the US Department of Defense.
- Authors, editors, publishers and the US Department of Defense cannot be held responsible for any errors found in this book.
- Certain parts of this publication pertain to copyright restrictions.  All rights reserved.
- No copyrighted parts of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical (including photocopy, recording or any information storage and retrieval system) without permission in writing from the publisher or copyright owner.

## What rights attach depends on: 
Assignment (all rights transferred) vs. license (a transfer of less than complete ownership)e.g. to prepare a musical recording you may need:public performance rights, sound recording rights, synchronization rights, mechanical rights
Platforms/formats
Geographic territories
Duration
1-time only, multiple uses, revisions

- Assignment (all rights transferred) vs. license (a transfer of less than complete ownership)e.g. to prepare a musical recording you may need:public performance rights, sound recording rights, synchronization rights, mechanical rights
- Platforms/formats
- Geographic territories
- Duration
- 1-time only**, **multiple uses, revisions

- US Government Works Embedded copyrighted material

## Publications Incorporating U.S. Government WorksTitle 17 USC Sec 403

- US Copyright Office Circular 1  Copyright Basics  _[http://www.copyright.gov/circs/circ1.html#piu](http://www.copyright.gov/circs/circ1.html#piu)_
- Works by the U. S. Government are not eligible for U. S. copyright protection. For works published on and after March 1, 1989, the previous notice requirement for works consisting primarily of one or more U. S. Government works has been eliminated. However, use of a notice on such a work will defeat a claim of innocent infringement as previously described provided the notice also includes a statement that identifies either those portions of the work in which copyright is claimed or those portions that constitute U. S. Government material.
- Example: © 2002 Jane Brown. Copyright claimed in Chapters 7-10, exclusive of U. S. Government maps
- Copies of works published before March 1, 1989, that consist primarily of one or more works of the U. S. Government ***should*** have a notice and the identifying statement.
- HISTORICAL AND REVISION NOTES HOUSE REPORT NO. 94-1476 Section 403 is aimed at a publishing practice that, while technically justified under the present law, has been the object of considerable criticism. In cases where a Government work is published or republished commercially, it has frequently been the practice to add some "new matter" in the form of an introduction, editing, illustrations, etc., and to include a general copyright notice in the name of the commercial publisher. This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use.

## References

**US Copyright Office** http://www.copyright.gov** **
**Berne Convention for the Protection of Literary and Artistic Works**http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
- CENDI Copyright Working Group.  **Frequently Asked Questions About Copyright.**http://www.cendi.gov/publications/04-8copyright.html
- CENDI Copyright Working Group.  **Metadata for Rights Management of Government Information.  March 22, 2004**http://www.cendi.gov/activities/03_22_04_metadata_rights_program.html
- CENDI Copyright Working Group. **Don't Keep the Public Guessing: Best Practices in Notice of Copyright and Terms & Conditions of Use for Government Website Content. December 2004.**
- http://www.cendi.gov/publications/04-4website_policy.html

## Determine author and owner
at the time of creation or acquisition
Document copyright status
Notice:  Appropriate, clear, consistent 
Terms & Conditions of Use
Mark it
visibly perceptible on the item
digitally in its metadata 

- at the time of creation or acquisition
- Document copyright status
- Notice:  *Appropriate, clear, consistent*
- Terms & Conditions of Use
- Mark it
- visibly perceptible on the item
- digitally in its metadata

- Wrap-Up Recommendation

## Goals

- Safeguard the legal and financial rights of the government and the public;
- Respect and protect the intellectual property rights of others;
*Reduce the burden of rights determination for content use, repurposing, and preservation*; and,
- Promote a culture of intellectual property awareness and responsibility within the government and among citizens.