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MATERIAL SUPERSEDED: Manual Guide - Printing Management CDC-1, Reproduction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 This includes both published and unpublished literary, dramatic, musical, artistic, and certain intellectual works.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:
- To reproduce the copyrighted work in copies or audio records;
- To prepare derivative works based on the copyrighted works;
- To distribute copies or audio records of the copyrighted works to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the copyrighted work in public;
- To display the copyrighted work in public.
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:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for or value of the copyrighted work
- The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
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:
- the reproduction or distribution is made without any purpose of direct or indirect commercial advantage;
- the collections of the library or archive are open to the public, or available not only to researchers affiliated with the library or archives, or with the institution of which it is a part, but also to other persons doing research in a specialized field; and
- the reproduction or distribution of the work includes a notice of copyright.