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Reproduction of Copyrighted Materials

MANUAL GUIDE - PRINTING MANAGEMENT CDC-1
DATE OF ISSUE: 12/10/97
REFERENCE POINT: Office of Program Support, Management Analysis and Services Office, Management Services Branch
MATERIAL SUPERSEDED: Manual Guide - Printing Management CDC-1, Reproduction of Copyrighted Materials, dated 4/6/61 and CDC General Numbered Memorandum, 78-1 Photocopying of Copyrighted Materials, dated 1/31/78


I. PURPOSE

This issuance describes the policies concerning reproduction of copyrighted materials at the Centers for Disease Control and Prevention (CDC). It also provides background material on copyright issues that may be useful to employees.

II. REFERENCES

Title 17 U.S.Code, Sections 106-120

Circular 1, COPYRIGHT BASICS, United States Copyright Office

Health and Human Services Printing Manual, Chapter 2-20

III.BACKGROUND

A. WHAT IS COPYRIGHT?

Copyright is a form of protection provided by the laws of the United States (Title 17 U.S.Code) to authors of "original works of authorship." This includes both published and unpublished literary, dramatic, musical, artistic, and certain intellectual works. Section 106 of the Copyright Act generally gives the owner of the copyright exclusive right to do and to authorize others to do the activities noted below:

It is illegal for any one to violate any of the rights provided by the copyright code to the owner of the copyright.

B. WHO CAN CLAIM COPYRIGHT?

Only the author or those deriving their rights through the author can rightfully claim copyright. Copyright protection starts from the time the work is created in a fixed form and is an incident of the process of authorship. The copyright in the work of authorship immediately becomes the property of the author who created it.

IV. GENERAL RULES

A. Works created by employees of the United States Government as part of their employment are considered a "Work of the United States Government." Copyright protection is not available for these works in the United States. The United States Government may receive and hold copyrights transferred to it by assignment, bequest, or otherwise.

B. In the case of works which are commissioned, or made for hire, the employer and not the employee is the author.

C. The authors of a joint work are co-owners of the copyright of the work unless there is a agreement to the contrary.

D. Copyright in each separate contribution to a periodical, or other collective work, is distinct from the copyright of the collective work as a whole, and initially is vested in the author of the contribution.

E. Copyright is transferred separate from the material object that embodies a protected work. Mere ownership of a work (book, painting, etc.) does not transfer copyright.

F. Copyright protection is available for published and unpublished works.

V.POLICY

A. Printing Requests

Requests for printing materials that have a copyright seal, (small c with a circle around it), or appear not to be in the public domain will not be approved at the Management Analysis and Services Office, Management Services Branch (MASO/MSB) without the written consent of the author, or copyright owner, or consistent with paragraph C. below. MASO reserves the right to refuse to approve requests for printing if, in its judgment, fulfillment of the order would involve violation of copyright law.

B. Copy Machines and other Duplicating Equipment

All methods of duplicating are included under the copyright law. The type and location of duplicating equipment are not relevant under the law. Therefore, employees making photocopies or other reproductions of copyrighted material must obtain the copyright owner's permission, or be consistent with paragraph C. below, prior to making copies.

C. Copyrighted Materials Located on the Internet/Intranet

The fact that copyrighted materials are located online does not give any special right to use those materials without the authors permission. Copyrighted materials online retain their copyright protection.

Users should assume that materials found online through the Internet/Intranet or other online service, are copyrighted unless they are clearly Works of the United States Government or otherwise noted to be in the public domain. Generally, users may print or download one copy of copyrighted material for their personal use, unless different terms are specifically provided at the site, or provided in the online service license agreement. Any subsequent reproduction of downloaded or printed materials, whether in electronic or any other form, is governed by this policy issuance.

D. Copyright Limitations: Fair Use

Although in general, the owner of the copyright has exclusive rights to the copyrighted work, the Act permits "fair use" (Section 107) for certain purposes such as teaching, scholarship, or research. Factors to be considered in determining what constitutes a fair use include:

If a user makes, or makes a request for, and later uses, a photocopy or reproduction for purposes in excess of "fair use," that may constitute copyright infringement.

Users should seek advice from the Office of General Counsel prior to making copies under this section.

The United States Government may be held liable for copyright infringement.

E. Copyright Limitations: Reproductions by Libraries and Archives

It is not an infringement of copyright for a library or archives to reproduce not more than one copy of a work, or to distribute such copy if:

 

Page last modified: August 26, 2006