# Presentation: 910937

## LoC/FLICC General Counsels Forum 4 March 2003 Copyright Agenda

- Introduction - Michael Hughes
- CENDI Copyright Task Group & FAQ - Bonnie Klein
- Panelist Presentations
- Publishing Agreements (including publications containing government works and permissions)  – Mr. Lambert; Ms. Coleman; Mr. Mark
- Contracts/Grants – Mr. Kirk; Mr. Borda; Mr. Raubitschek
- Government copyright -  Mr. Raubitschek
- Open Source software- Mr. Hoffman

## LoC/FLICC General Counsels Forum 4 March 2003 Copyright

- What is CENDI?
- Why a CENDI Copyright Task Group?
- CENDI Copyright FAQ
- Members and Supporters

## CENDI http://www.dtic.mil/cendi

**CENDI **http://www.dtic.mil/cendi

## Why a CENDI Copyright Task Group?

- Issues in common
- Need for education
- Misconceptions and misinformation
- Agency policy, procedures, practice
- Terms and conditions of use
- Asset and rights management
- Secondary dissemination
- Preservation and archiving

**Notes:**
To address the issue of copyright from an operations perspective.
Not in a position to provide guidance for any particular agency.
Conceived a Frequently Asked Questions document (FAQ) that could be used to educate librarians, information center staff, publications staff and agency authors about copyright.

## Common Misconception #1:All government information is in the public domainReality:Public release does not equal public domain

- Government Info
- Definition
- OMB-A130
- 44 USC § 1901
- Broad scope
- May be copyrighted
- Contractor/Grantee
- Prior copyright
- Assignment

- Government Works
- Definition:
- 17 USC § 105
- Narrow scope
- Not copyrighted
- Public domain in U.S.

**Notes:**
Government information is all encompassing. OMB-A130 Management of Federal Information Resources Definitionse. The term "government information" means information created, collected, processed, disseminated, or disposed of by or for the Federal Government. f. The term "government publication" means information which is published as an individual document at government expense, or as required by law. (44 U.S.C. 1901)g. The term "information" means any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual forms. 
Generally, contractors and grantees own the copyright in the works they create under a government contract unless there is particular wording in the contract that assigns or transfers it to the Government.   Usually, the Government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable worldwide license in most contracted works to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. All other rights are reserved by the copyright owner.
Prior copyrighted material may  used with permission or under license and incorporated in government works.  It does not lose its copyright.
The government may retain and registered assigned or transferred copyrights.
Government works are a subset of government information.These are not copyrighted and are in the public domain in the U.S. They are distinct from works created for the U.S. government.  A "work of the United States Government,"  is a work prepared by an officer or employee of the United States Government as part of that person’s official duties.  An officer or employee of the United States includes all appointed positions in the three branches of the Federal Government. As defined in Title 5 U.S.C. § 2101, 2105, 2105.

## http://www.dtic.mil/cendi/publications/00-3copyright.html

**http://www.dtic.mil/cendi/publications/00-3copyright.html**

**Notes:**
The information presented in this FAQ is subject to changes enacted                                              by U.S. Government policies, legislation and case law.

## Comments/QuestionsContacts

- Copyright@dtic.mil
- LOC/FLICC GC Forum listserv
- To register contact Anna Bohlin aboh@loc.gov

## CENDI Copyright Task Group Members Attorneys & Panelists

- Mr. Gary Borda - NASA
- Ms. Kathleen Coleman - EPA
- Mr. Michael Hoffman - DOE
- Mr. Flayo Kirk - DISA
- Mr. Richard Lambert - NIH
- Mr. Neil Mark - USGS
- Mr. John Raubitschek - DOC

## CENDI Copyright Task Group Members Librarians and Operations Staff

- Ms. Nancy Collins - NTIS
- Ms. Gail Hodge - CENDI
- Ms. Jane Bortnik Griffith - NLM
- Ms. Bonnie Klein - DTIC
- Ms. Eve-Marie Lacroix - NLM
- Mr. Eric Vogel - NASA CASI

## CENDI Copyright Task GroupSupporters

- U.S. Copyright Office
- Ms. Mary Levering
- Mr. David Carson
- Mr. Kent Dunlop
- FLICC/FEDLINK
- Ms. Susan Tarr