USE OF COPYRIGHTED MATERIAL IN NAVY PUBLICATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP60-00442R000100140031-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 15, 2016
• Document Release Date: December 6, 2002
• Sequence Number: 31
• Publication Date: January 16, 1953
• Content Type: REGULATION

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NAVY review(s)
completed. DEPARTMENT OF THE NAVY SECNAV 5870. 1
Office of the Secretary A0: PD: LRP: ar
Washington 25, D. C. 16 January 1953
SECNAV INSTRUCTION 5870.1
From: Secretary of the Navy
To: All Ships and Stations
Subj: Use of copyrighted material in Navy publications
1. Purpose. This Instruction prescribes Department of the Navy
policies and procedures pertaining to the acquisition of license
rights to reproduce copyrighted material in Navy publications.
2. Scope. Policies and procedures prescribed in this Instruction
apply to the obtaining of necessary license rights and releases when
any activity of the Department of the Navy desires to publish books,
pamphlets, articles, manuals, or any other printed or processed
matter in which copyrighted material is to be reproduced.
3. Nature of Copyright and Copyright Notice. A copyright is a right
grante by the Congress of the United States, under authority of the
Constitution, to authors for the protection of their original composi-
tions. The copyright protects all the writings of an author, provided
such writings are properly marked with the required notice when
published. The right continues for 28 years, and may be renewed for
another 28 years. Permission (license or release)touse copyrighted
material without charge is a privilege and a favor. A license is a
mere permission to use, and therefore there is ordinarily no need for
the formalities of a legal document as is required for obtaining more
substantial rights. In order that a valid copyright may be held, the
law requires, with respect to published works, that the material
bear on the title page, or on the back of the title page, the word
"Copyright" or the abbreviation "Copr" together with the name
of the copyright holder and the year in which the work was first
published. On maps, photographs, and works of art it is sufficient
notice if the letter "C" in a circle is used, together with the
initials or a symbol of the copyright owner, provided that on the
back, margin, or some other accessible portion, his name and the
year of publication shall appear.
4. Liability for Infringement. For another to practice without per-
mission any of the exclusive legal rights granted to the copyright
proprietor, such as copying, reproducing, translating, publishing,
and performing and delivering in the case of oral renditions, is an
infringement of the copyright and is punishable at law by award to
the copyright proprietor of either the actual damages, or statutory
damages in an amount not less than $250 and not more than $ 5,000 for
each violation. It is a principle of law that the United States Govern-
ment is not liable for its wrongs unless it permits itself to be
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SECNAVINST 5870.1 OFFICE OF THE SECRETARY
16 January 1953
sued in court, and no statute expressly gives consent for suit against
the Government on account of copyright infringement. The Federal
Tort Claims Act (28 U.S.C. 2671-2680) has thus far not been con-
strued to authorize such a suit. However, the officers and employees
of the Government are personally liable for their infringements, even
though such infringements were committed in the course of their
duties. (Towle vs. Ross, D. C., Ore. 1940, 32 F. Supp. 125.)
5. Navy Policy. The Department of the Navy recognizes that the owner
of copyrighted material has a property right in such material and it
is the policy of the Department that copyrighted matter will not
knowingly be incorporated in publications prepared by or for the
Department, except with the written consent of the copyright owner,
or upon the approval of the Secretary of the Navy. In this regard, the
act of 30 July 1947 (17 U.S.C. 8) provides that "the publication or
republication by the Government, either separately or in a public
document, of any material in which copyright is subsisting shall
not be taken to cause any abridgement or annulment of the copyright
or to authorize any use or appropriation of such copyright material
without the consent of the copyright proprietor."
6. Request for Permission to Publish. Upon determination that
copyrighted material is required to be included in material under
preparation for publication by activities of the Navy, the preparing
activity shall initiate and forward to the Administrative Officer,
Navy Department, a request, in duplicate, as follows:
a. The request shall be for no greater rights than actually needed.
b. The request shall fully identify the material for which permis -
sion to publish is requested, and shall include the title of the basic
work, the name of the author, the name of the publisher, and the date
published. The exact passages required shall be specified, and
"blanket" permission to use portions of material as later determined
shall normally not be requested.
c. The request shall explain the proposed use and contain the
condition of license, so that only the affirmative reply of the licensor
need be necessary.
7. Review and Coordination of Requests. The Administrative Officer,
Navy Department, will review and coordinate all such requests for
permission to publish copyrighted material, in accordance with the
following:
a. Any legal questions or problems arising in the course of review
will be referred by the Administrative Officer, Navy Department, to
the Chief of Naval Research for review and decision.
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OFFICE OF THE SECRETARY SECNAVINST 5870.1
16 January 1953
b. The Administrative Officer, Navy Department, will prepare a
request, in simple format for convenient and expeditious reply, and
forward it to the holder of the copyright covering the material
desired to be used.
c. Upon receipt of reply from the copyright owner, the Adminis-
trative Officer, Navy Department, will transmit to the requesting
activity the license or release (in duplicate, one copy to accompany
the printing requisition when submitted), or the copyright owner's
refusal to release, as the case may be. In most instances the
copyright owner will be willing to give permission to publish or
to make copies without charge. Whenthe copyright owner so requests,
a credit line shall be used. On the flyleaf or other appropriate
page of a publication shall be listed all pages which contain
copyrighted material. If the copyright owner insists upon payment,
section 611 of the Department of Defense Appropriation Act, 1953,
authorizes the expenditure of funds for purchases of copyrights and
licenses thereunder. (See par. 8.)
d. When there is any question as to whether the license or release
as received is adequate to protect the individuals who propose to
publish the material, the question will be referred by the Adminis-
trative Officer, Navy Department, to the Chief of Naval Research
for review and decision.
8. Purchase of Licenses. Licenses and releases under, or title to,
copyrights may be purchased in the following circumstances:
a. When the extent or circumstances of the publication would
make it inequitable to request a free license.
b. In the event the copyright owner refuses to grant a free
license, and it is determined by the Secretary of the Navy that the
official use of the copyrighted material is either essential or
desirable.
If the purchase of a copyright, or a license or release under a
copyright, is necessary under the circumstances stated above, the
matter will be referred by the Administrative Officer, Navy Depart-
ment, to the Chief of Naval Research for review. Such review
will include consideration of the applicability of the "fair use"
doctrine, and of whether the material is in the public domain.
9. Manuscript Review. The Administrative Office, Navy Department,
will review, to the extent possible, manuscript submitted to that
office for publication to ascertain whether copyrighted material has
been included, and if so, whether license or release has been obtained
as required. In those cases in which copyrighted material is found
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SECNAVINST 5870.1 OFFICE OF THE SECRETARY
16 January 1953
to be included, the Administrative Officer, Navy Department, will
notify the originator of the manuscript, and will withhold the material
from publication until the copyrighted material has been deleted or
the necessary release has been obtained from the copyright owner.
In the field this review shall be conducted by the Commandants of
the Naval Districts, Commandant Potomac River Naval Command,
Commander Marianas, and Chief of Naval Air Training (Publications
and Printing Officers), acting for the Administrative Officer, Navy
Department.
10. Effective Date. This Instruction is effective upon receipt.
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ARMY PROCUREMENT CIRCULARl DEPARTMENT OF THE ARMY
No. 24 J WASHINGTON 25, D. C., 22 December 1952
USE OF COPYRIGHTED MATERIAL IN PUBLICATIONS
Section
ANNOUNCEMENT-Department of Defense Directive ------------------------------------------- I
IMPLEMENTATION-Department of the Army________________________________________________ II
L_ANNOUNCEMENT.-Department of Defense Directive, recently issued
and covering the above subject, is set forth below.
SUBJECT: Use of Copyrighted Material in Department of Defense Publications
I. PURPOSE
This directive prescribes policies and instructions for the Department of
Defense in the acquisition of license rights to reproduce copyrighted material in
Department of Defense publications.
II. SCOPE AND APPLICABILITY
This directive provides instructions for obtaining the necessary license
rights or releases whenever any activity of the Department of Defense desires
to publish original compositions, such as books, handbooks, manuals, etc., in
which copyrighted material is reproduced. As used in this directive, the term
"Department of Defense" includes the Office of the Secretary of Defense, the
military departments and all subdivisions and agencies of the Office of the
Secretary of Defense and the military departments.
III. GENERAL
a. Nature of Copyright. A copyright is a right granted by the Congress
under the authority of the Constitution to authors for their original compositions.
The copyright protects all the writings of an author, provided they are properly
marked with the required notice when published. The right continues for
twenty-eight years and may be renewed for another twenty-eight years.
b. Copyright Notice in Published Works. In order to have a valid copy-
right, the law requires, with respect to published works, that the copyright
proprietor mark on the title page, or on its back, the word "Copyright" or the
abbreviation "Copr" together with his name and the year in which first published.
On maps, photographs and works of art, it is sufficient notice of copyright if the
letter C in a circle is used, e. g. Oc together with the initials or a symbol of the
copyright owner, provided that on the back, margin, or some accessible portion,
his name and the year published shall appear.
c. Unpublished Works. Problems relating to copyright notice and pro-
tection given to unpublished works should be referred to the office designated
to be responsible for patent and copyright matters for the activity concerned.
IV. LIABILITY FOR INFRINGEMENT
For another to practice any of the exclusive legal rights granted to the
copyright proprietor, such as copying, reproducing, translating, publishing, and
performing and delivering in the case of oral renditions, is an infringement of
the copyright and is punishable at law by award to the copyright proprietor
of either the actual damages, or statutory damages in an amount not less than
$250 and not more than $5000 for each violation. It is a principle of law that
the United States Government is not liable for its wrongs unless it permits itself
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to be sued in court, and no statute expressly gives consent for suit against the
Government on account of copyright infringement. The Federal Tort Claims
Act (28 U. S. C. 2671-2680) has thus far not been construed to authorize such
a suit. However, the officers and employees of the Government are personally
liable for their infringements, even though such infringements were done in the
course of their duties. (Towle vs. Ross, D. C., Ore. 1940, 32 F. Supp. 125).
V. POLICY
The Department of Defense recognizes that the owner of copyrighted
material has a property right in such material and it is the policy of the Depart-
ment of Defense that copyrighted matter will not knowingly be incorporated in
publications prepared by or for the Department of Defense, except with the
written consent of the copyright owner, or upon the approval of the Secretary
of the Military Department concerned or his duly authorized representative.
The attention of the copyright owners should be invited in appropriate instances
to the Act of 30 July 1947 (17 U. S. Code 8), providing that "the publication
or republication by the Government, either separately or in a public document,
of any material in which copyright is subsisting shall not be taken to cause any
abridgement or annulment of the copyright or to authorize any use or appropria-
tion of such copyright material without the consent of the copyright proprietor."
VI. PROCEDURES AVAILABLE
In most instances, the copyright owner will be willing to give permission
to the Department of Defense to publish or make copies without charge. A
credit line may be used where the copyright owner requests it. If the copyright
owner insists upon payment, Section 611 of the Department of Defense Appro-
priation Act, 1953, authorizes the expenditure of funds for the purchases of copy-
rights and licenses thereunder.
VII. INSTRUCTIONS FOR OBTAINING LICENSES WITHOUT CHARGE
a. General. Permission (license or release) to use copyrighted material
without charge is a privilege and a favor. A license is a mere permission to use,
and therefore, there is ordinarily no need for the formalities of a legal document
as is required for obtaining more substantial rights.
b. Check List. The following check list will be rigorously observed in mak-
ing requests for free licenses:
(1) The request shall be for no greater rights than actually needed.
(2) The request shall fully identify the material for which permission to
publish is requested.
(3) The request for license shall explain the proposed use and contain
the conditions of the license, so that the licensor need only give his
affirmative consent.
(4) The request shall be submitted to the copyright owner in duplicate,
so that such owner may retain one copy and return the other copy
with his assent written thereon.
(5) A self-addressed return envelope shall be inclosed.
(6) The following will not be requested:
(a) Signature by more than one corporate officer.
(b) Corporate seal.
(c) Corporate certificate.
(d) Warranty as to title.
(e) The return of more than one copy of the license or release.
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c. Legal Review. Whenever there is any question whether the license is
necessary or adequate to protect the individuals who propose to publish the ma-
terial, the license (or release) when received, will be submitted to the office of
the activity concerned having jurisdiction over patent and copyright matters for
review.
d. Sample Format. There is attached, as Inclosure 1, a sample format of
a form of request for release (or a license) to use copyrighted material, which
was developed in response to request of the publishing industry. Any such re-
quest should be patterned after the sample format whenever appropriate. The
Departments may require that any substantive deviation therefrom shall be
submitted for approval to the office designated to be responsible for patent and
copyright matters for the activity concerned.
VIII. INSTRUCTIONS WHEN THE LICENSE IS TO BE PURCHASED
Licenses and releases under, or title to, copyrights may be purchased in the
following circumstances:
a. The extent or the circumstances of the publication would make it
inequitable to request a free license.
b. In the event the copyright proprietor refuses to grant a free license, and
it is determined by the Secretary of the Department concerned, or his duly
authorized representative, that the official use of the copyrighted material is
either essential or desirable.
If it is determined to purchase a copyright, or a license or release under a
copyright, under the circumstances stated above, personnel of the office designated
to be responsible for furnishing patent and copyright advice for the activity con-
cerned, shall be consulted. Such consultation shall include consideration of the
applicability of the "fair use" doctrine, and of whether the material is in the
public domain.
IX. EFFECTIVE DATE
This directive is effective immediately.
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SAMPLE FORMAT
for
RELEASE
[LETTER HEAD]
[Name of Company]
[Address]
[Salutation]
RELEASE
This office is engaged in the preparation of the manuscript material for a
work to be published for defense purposes under the title--------------------
(Insert title when known) ---------------------
Permission is requested to include in the above-identified work the following
material, to wit: _ _ _ _ _ _ (Here insert specific information with respect to the
pages and lines of the illustrations and/or textual matter to be released.)-------
-------------------------- ---------------------------------------------
--- -------------------------------------------------------------------
of the work entitled ..-------------------------------------------------- -
----------------------------------------------------- published by your
company and written by -------------------------------------------------
Itwillbe appreciated if you will indicate below, on one copy of this letter,
whether the above-identified material, with an appropriate credit line, may be
used in the above work. A self-addressed envelope is inclosed for your con-
venience.
------------------------------
(Signature)
------------------------------
(Title)
------------------------------
(Address)
The above RELEASE is hereby granted, royalty free.
The material covered by this release may (Inay not ^) be placed on sale in
the Government Printing Office.
-----------------------------
(Name of copyright owner or authorized agent)
BY------------------------------
------------------------------
(Title)
II-_IMPLEMENTATION.-1. The provisions of this Department of Defense
Directive will be complied with by all concerned within the Army Establishment,
including the major oversea commands.
2. Any questions which may arise regarding interpretation of the Department
of Defense Directive will be referred, through channels, to the Assistant Chief of
Staff, G-4, Department of the Army, Washington 25, D. C. (ATTN: Chief,
Purchases Branch).
3. This circular is automatically rescinded effective upon publication of the
subject matter of the Department of Defense Directive in the Armed Services
Procurement Regulation.
]AG 400.13 (I8 Des 52)]
BY ORDER OF THE SECRETARY OF THE Anrsy:
OFFICIAL: J. LAWTON COLLINS
WM. E. BERGIN Chief of Staff, United States Army
Major General, USA
The Adjutant General
DISTRIBUTION:
According to requirements submitted on DA AGO Form 12.
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