Chapter 1 – General Administration

12060.6 U.S. Copyright Act

• 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.