Compliance with United States Copyright Laws
COMPLIANCE WITH UNITED STATES COPYRIGHT LAWS
COMPANY Policy states that all operations should be conducted with full regard for the legal right of others in intellectual property including copyrights. The copyright laws of the United States give the owner of the copyright in a work the exclusive right to reproduce, distribute, display and perform copies of the work and prepare derivative works based on the work. All COMPANY businesses must comply with applicable copyright laws. This memorandum provides guidelines intended to ensure that COMPANY businesses comply with United States copyright laws by avoiding infringement of the rights of others in copyrighted works. All questions arising under the copyright laws of countries other than the United States should be referred to the Intellectual Property Counsel of the respective business.
Employees of the COMPANY may not reproduce, in whole or in substantial part, any copyrighted work in copies, prints, video or electronic media in violation of the copyright laws. To assist employees in meeting this obligation, the COMPANY pays an annual fee to the Copyright Clearance Center (“CCC”), an organization comprised of copyright owners, in return for a license to make hard copies of certain copyrighted publications in the United States. This license (hereinafter the “Annual Agreement”), while providing the right to copy any of the 1.8 million copyrighted works in CCC’s inventory, does not cover all publications and does not permit the making of electronic copies. For example, the Annual Agreement does not permit the making of an electronic copy by scanning nor the distribution of an electronic copy by e-mail or otherwise. The COMPANY has also entered into an electronic amendment with CCC (hereinafter the “Electronic Agreement”), which permits the making and distribution of electronic copies of certain copyrighted works. The inventory of works for the Electronic Agreement is not as extensive as the inventory of works for the Annual Agreement. Both the Annual Agreement and the Electronic Agreement extend to U.S. based employees of majority-owned U.S. subsidiaries of the COMPANY.
The following guidelines should be followed before copying copyrighted works:
1.Determine whether the publication to be copied is contained in either the CCC inventory for the Annual Agreement (hereinafter the “Annual Repertory”) or the inventory for the Electronic Agreement (hereinafter the “Electronic Repertory”) of CCC. CCC maintains a website at where the Annual Repertory, which lists the titles and publishers of works which are available for copying under the Annual Agreement, may be found. Once at the Website, click on “Database of Works” and then on “Annual Authorization Service” to reach the search page. CCC maintains a separate database for the Electronic Repertory at
2.If the copyrighted work is listed in the Annual Repertory of works, under the CCC license you may:
i)make, from a work (in hard copy form) that the COMPANY has purchased, a hard copy of the work; however, you may not make an electronic copy (other than by facsimile); and
ii)use and distribute, including by facsimile distribution, for COMPANY internal purposes only, the hard copy so made. “Internal purposes” are ordinary business uses of the COMPANY, including providing copies to persons outside the COMPANY on a non-systematic basis and not in bulk; however, you may not distribute copies electronically as by e-mail or COMPANY intranet.
3.If the copyrighted work is listed in CCC Electronic Repertory under the CCC Electronic License, you may:
i)make and download an electronic and/or hard copy of the work; and
ii)use and distribute by e-mail, COMPANY intranet or facsimile an electronic and/or hard copy of the work, consistent with the terms set forth in 2(ii) above.
4.Even if the copyrighted work is listed in either the Annual Repertory or the Electronic Repertory, the CCC license does not permit you to:
i)copy all or substantially all of the work (this does not apply to works that are part of a larger work). For example, you may copy chapters of a book but not the whole book, or you may copy an article from a newspaper or magazine but not the whole newspaper or magazine;
ii)systematically distribute copies to persons outside the COMPANY;
iii)distribute copies in bulk to persons outside the COMPANY, for example, several thousand persons;
iv)collect a fee for the copying service; or
v)sell copies.
5.If the copyrighted work is not listed in either of the CCC Repertories, and you want to make and/or distribute copies, either in a hard copy or on the COMPANY’s intranet or via e-mail, you should consult with the Intellectual Property Counsel of your business to determine which of the following options is most appropriate:
i)request a license from the copyright owner to make hard copies or to distribute copies electronically;
ii)purchase additional copies of the work or additional subscriptions of the work from the copyright owner;
iii)purchase additional copies of the work from a “document provider” who has contracted with the copyright owner to sell copies of the work; or
iv)consult IntellectualProperty Counsel to make a determination whether the copying of the copyrighted work may be considered “fair use”. The copying or distribution of a copyrighted work is more likely to be considered “fair use” if:
a)only a minimal amount of the copyrighted work is copied; and
b)a significant amount of original content, such as comment or criticism, is added to the copy to create a new work.
6.Except as set forth in paragraph 7 below, if the copyrighted work is contained on a website, you may do the following, even if the work is neither listed in the CCC inventory nor covered by an individual license:
i)distribute by e-mail or other electronic means a direct link to the page of the website on which the copyright material is located, provided the link is to a website that is freely accessible to the public without having to enter into a subscription agreement and the Terms of Use of the website do not purport to prohibit deep-linking;
ii)engage in any activities expressly permitted by the website’s Terms of Service;
iii)distribute a brief abstract that summarized or describes the content of the copyrighted material without copying any portion of the material itself; or
iv)make a single hard or electronic copy only for your own use not to be distributed to anyone else, unless prohibited by the website’s Terms of Service.
7.If you are the recipient of an e-mail with copyrighted material, do not forward it to others unless you know that the copyright owner has authorized such distribution.
8.If you subscribe to an e-news or other electronic publication, distribution of which is via an e-mail containing a link to a website, you may not further distribute the link unless such is expressly provided by the contractual terms of the subscription agreement or you have consulted with the Intellectual Property Counsel of your business to determine whether such further distribution is permissible.
Remember, all COMPANY employees must respect the intellectual property rights of all persons and must comply with all applicable United States copyright laws. The Intellectual Property Counsel for your business is available to assist you in complying with these obligations.
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