Network Bulletin No. 97-25

Date: May 2, 1997

Subject: Copyright

Index term:  Production of works by network libraries

As outlined in _Facts: Copyright Law Amendment, 1996: PL
104-197_, issued December 1996, network libraries can now
record or braille nondramatic literary works published in
the United States without requesting copyright permission.
The following questions and responses provide clarification.


Q.   Can the network library now simply begin recording or
     brailling or are additional steps needed?

A.   Yes, libraries may begin special-format production of
     works meeting all of the following criteria.

      1)  The work must be published in the United States,
      2)  It must be a nondramatic literary work,
      3)  The production must have begun after September 16,
          1996, and
      4)  There must not be further reproduction or
          distribution in other than a specialized format.

     Copyright permission is still required for books
     published in other countries, for dramatic works, and
     works that are not literary in nature.  Requests for
     copyright clearance for these works may be sent to the
     publisher directly or to the Collection Development
     Section using the copyright permission form, 73-128,
     available from the multistate centers as FR 128.

     The new exemption covers the production of all
     nondramatic literary works protected by U.S. copyright,
     regardless of when they were first published.  Any
     braille transcription, narration, reproduction, or
     distribution that took place prior to September 16,
     1996, without the written permission of the copyright
     holder(s), may be considered an infringement.  Written
     copyright permission must be obtained for any
     production that was begun before that date.

Q.   What announcement should replace the copyright
     permission statement?

A.   Technical Standard 3, which pertains to local
     production of materials, is currently being revised to
     guide network libraries.  NLS specifies the language to
     be used by our contracted producers in specifications
     #300, Book Mastering, and #403, Labeling and Packaging
     Cassette Books, as follows.
[Begin indented text.]
          Two notices are required both in print
          and in the _special format_.  For
          recordings, they must appear _in the
          narration_ and _on the print label_ of
          the cassette shell.  For braille
          materials they must appear _in print_ as
          well as _in the braille transcription_.

          The first required notice is, "Copyright
          (date and holder(s))."  The symbol (c) or
          the abbreviation "Copr." can be
          substituted for "copyright."  If the
          print copy shows several copyright
          dates, such as for a revised edition, a
          renewed copyright, or various
          contributions to a compilation or an
          anthology, use the most recent date.

          The second required notice is, "Further
          reproduction or distribution in other
          than a specialized format is
          prohibited."  NLS requires its audio
          producers to add this second notice to
          the closing announcements at the end of
          the last side, after the statement,
          "Published by:  (publisher's name and
          address as it appears in the print
          edition).  In braille works, these two
          sentences appear on the title page.
[End indented text.]
     The NLS-produced software that libraries use to create
     print-braille labels for cassettes will be changed to
     include the required print announcements.  For
     information about the print-braille label project,
     contact Michael Moodie, NLS research and development
     officer.


For further information please contact:

Ruth J. Foss
Head, Collection Development Section