Chapter 1 – General Administration

The United States (U.S.United States) Copyright Act establishes requirements for publication and reproduction of published material. The Director requires adherence to the Copyright Act in preparing manuals, booklets, leaflets, and other written material.

This section provides guidelines for the printing or reprinting of local procedures, manuals, and other written material to avoid copyright infringement and expense of litigation against the Department and to ensure that their content is consistent with departmental goals and objectives.

Any manual, leaflet, book, newsletter, or other publication on a subject related to the Department which would normally qualify as a public record and involve distribution to staff, organizations outside the Department, Legislature, general public, news, media, and/or for submission to an outside professional journal/paper shall require review by the Assistant Director, Communications, and approval in writing by the Director prior to submission, issuance, or distribution.

Any such articles written by employees for submission to professional journals or other outside publications shall be forwarded through administrative channels to the Assistant Director, Communications, who may request comments from interested Deputy or Assistant Directors before the article is forwarded to the Chief Deputy Director.

When any employee prepares a manual, book, leaflet, newsletter, or other publication as part of the employee’s official duties, the employee may obtain a copyright on such publication at the employee’s own expense. However, that copyright shall be deemed to be held in trust for the Department, as the works copyrighted shall directly or indirectly have pertinence to the Department.

See DOMDepartment Operations Manual 14020 for the publication of research reports and findings.

Publications for public distribution may be produced in a vocational graphic arts print shop, but only with the prior approval of the Director. Publication of a sensitive nature (based on the IPAInformation Practices Act) shall not be produced in the CALPIACalifornia Prison Industry Authority (formerly PIA) or Vocational Education print shops as it would allow inmates access to such material.

Public Distribution

• “Public distribution” means documents that qualify under the Public Record Act, GCGovernment Code 6250 for distribution to the public, exceptions are specified within the Act but generally do not include the types of materials included in this Section. Publications for public use will be printed by OSPOffice of State Publishing, CALPIACalifornia Prison Industry Authority (formerly PIA), facility vocational education or commercial printer with approval from the Director or designee. These publications may include the annual report of the Department.

Local Materials

• Booklets and other written material (i.e., ISTIn-Service Training pamphlet, newsletter, etc.) reviewed by the Assistant Director, Communications, and approved by the Director may be produced within the facility, utilizing the facility vocational graphic arts print shops, and distributed locally upon written approval of the Warden. A copy of this approval shall be forwarded to the Assistant Director, Communications, for filing with the PMU at headquarters.

• The vocational graphic arts print shops may print or reprint local procedures and the various ISTIn-Service Training manuals.

Funds

• Funds for the printing expenses must be available prior to the production of such books, reports, leaflets, or documents in the vocational graphic arts print shops of the facilities or by OSPOffice of State Publishing, DGSDepartment of General Services, and CALPIACalifornia Prison Industry Authority (formerly PIA) or a commercial printer.

Prior to the submission of any copy to the vocational graphic arts print shop, the provisions of DOMDepartment Operations Manual 22040 shall be followed.

Publications produced by Department or at the State Printing Plant shall be sent to each complete depository library in the State.

• Depository libraries are those libraries that apply to contract with the State, through DGSDepartment of General Services, to maintain all State publications.

SAMState Administrative Manual 3122.2 et seq., address the distribution of publications outside the Department.

Copies of the CCRCalifornia Code of Regulations are sent to depository libraries by OSPOffice of State Publishing.

Rights of Copyright Owner

• In the reprinting of copyrighted articles, or duplication of copyrighted films, video, or audio tape recordings, careful review and caution shall be exercised to protect the State and this Department from censure or civil suit. The U.S.United States Copyright Act states precisely which uses or rights are reserved exclusively to the copyright owner. Employees using or reprinting copyright materials shall have specific knowledge of copyright laws.

Exclusive Rights

• The Copyright Act gives to the copyright owner of books, periodicals, and all related contributions, the following exclusive rights:

  • To print and reprint. To print is not only to print in type but also to multigraph, write, duplicate on video or audiotape, film, or reproduce by any other means.

  • To publish. To publish means to reproduce in copies for sale or distribution to staff, inmates, parolees, or the public.

  • To copy. To copy includes any wholesale rewriting of the material, whether literal copying or not, and is not confined to literal repetition but includes various methods in which the matter of any publication may be adopted, initiated, or transferred with more or less colorable alteration.

  • To vend. To vend refers to the control by the copyright owner not only of the first sale but also of leases, licenses, and assignments.

  • To translate or make other versions.

  • To deliver or present in public for profit.

  • To make any transcription or record by which it can be exhibited, presented, or reproduced.

  • To play or perform it for profit, and to exhibit, represent, or reproduce it in any manner or any method whatsoever.

Permission

• Permission in writing shall be obtained in every case where a copyrighted item is reprinted. The original of the permission to copy shall be filed in the requestor’s division.

• Permission to use copyrighted works must be granted by the copyright owner or the owner’s agent. If the copyright has been assigned, the assignee’s permission is needed. If it has been licensed, the copyright owner’s permission is needed. With joint owners, one will do, but both are better. Approval of requests to use copyrighted material may be delegated to the publisher.

• For any extended reprint or quotation, specific rights that are given (i.e., periodical publication, use in a trade or text book, use of material from a specific edition or any other edition, etc.) should be in writing.

• For all practical purposes, “copyright” and “all rights reserved” are one and the same.

Magazine articles, short stories, poems, films, videotapes, audiotapes, television programs, motion pictures, computer software, video games and contributions to periodicals, newspapers, are usually copyrighted as part of the magazine, book, periodical, newspaper, video recording, motion picture, television program, computer software, video game, audio recording, if never before published.

Illustrations, cuts, or pictures in a book are protected by the book copyright.

Pictures that are not attached to the binding, but are in a separate pocket or folder, are protected by the book copyright.

News, as such, is not subject to copyright since it is “fact” and therefore belongs to the public but reproduction of articles and television news segments for distribution may infringe on copyrights. Consult with the Assistant Director, Communications, or Deputy Director, LADLegal Affairs Division (see OLA), for guidance in advance of such reproduction.

Material that has previously been copyrighted does not lose its copyright by being included in a government publication that is in the public domain.

The copy does not have to be “sold” to be an infringement of the original.

A distinction must be made between use for libraries and classrooms and by other entities. Copies may be made by libraries and classrooms in the following situations:

Libraries and Classrooms

• To repair damaged printed works already contained in the library.

• No copies of video or audio recordings, films, motion pictures, computer software are permitted without the expressed written permission of the copyright holder or possession of a license from the copyright holder for such reproduction.

• To provide a small number of copies for in-house administrative work in the particular agency.

• To provide attorneys and courts with a single copy for use in litigation.

• To provide copies for library or classroom as long as the portion copied is not a substitute for the entire original work.

Other Entities and Individuals

• For entities other than libraries and classrooms:

  • No quotation over 500 words should be used without permission.

  • Use of anthologies, compilations, collections, symposia, digests, reprints, etc., should never occur without a notice which acknowledges the copyright status of borrowed material and without the written permission of the copyright owner.

  • Use of copyrighted material from periodicals or newspapers should be done only with written permission of the copyright owner.

Quotations or material under foreign copyright should be handled the same as domestic copyrighted items.

Any extensive, typewritten, multi-graphed, or privately printed copy, abridgment, outline, or digest of copyright material for distribution to a school, church, club, or similar group should be made only with the consent of the copyright owner.

Department Publications

• When copyrighted material is used in a Department publication, each facility, parole region, and division shall forward the printing request, and the original copy of the material to be printed and of the permission to copy to the Assistant Director, Communications, in headquarters.

• The Assistant Director, Communications, shall have the original of the permission to copy filed in LADLegal Affairs Division (see OLA)-PMU.

The Department will adhere to all copyright requirements related to audiovisual works.

The provisions of this section shall not stop any association of employees from publishing an association newspaper or other publication. The provisions of DOMDepartment Operations Manual 12060.6 apply to Department employees when they contribute articles for association publications. Such publications shall be at the expense of the associations and shall not be prepared or reproduced, in whole or in part, at any facility vocational graphic arts print shop.

For further information, readers are referred to DOMDepartment Operations Manual 53100, which covers facility publications.

The Assistant Director, Communications, or designee, shall ensure that the content of this section is accurate and current.

17 USC §§ 101 et seq.

GCGovernment Code §§ 14900 et seq.

SAMState Administrative Manual§ § 3122.2 et seq.