[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23416]
[[Page Unknown]]
[Federal Register: September 22, 1994]
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LIBRARY OF CONGRESS
36 CFR Part 701
[Docket No. LOC 94-3]
Credit and Recognition Policy on the Use of the Library of
Congress Name, Seal, or Logo
AGENCY: Library of Congress.
ACTION: Proposed rules.
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SUMMARY: The Library of Congress proposes to revise its policy on the
use of its name, seal, or logo to assure that the Library of Congress
is properly and appropriately identified and credited as a source of
materials in publications that rely on Library resources, so that the
public may know that the resources in its national library are being
used productively and in fulfillment of its mission.
DATES: Comments should be received on or before October 24, 1994.
ADDRESSES: Ten copies of written comments should be addressed, if sent
by mail to: Library of Congress, Mail Code 1050, Washington, D.C.
20540. If delivered by hand, copies should be brought to: Office of the
General Counsel, James Madison Memorial Building, Room LM-601, First
and Independence Avenue, S.E., Washington, D.C. 20540-1050, (202) 707-
6316.
FOR FURTHER INFORMATION CONTACT: Johnnie M. Barksdale, Regulations
Officer, Office of the General Counsel, Library of Congress,
Washington, D.C. 20540-1050. Telephone No. (202) 707-1593.
SUPPLEMENTARY INFORMATION: Under the authority of 2 U.S.C. 136, the
Librarian of Congress is authorized to make rules and regulations for
the government of the Library. 18 U.S.C. 1017 contains criminal
provisions on the misuse of official U.S. Government seals. Part 701 is
revised to clarify the boundaries of when and how much credit or
recognition the Library of Congress should appropriately receive when
its name, seal, or logo are used in conjunction with a commercial
product. It outlines also the current circumstances under which the use
of both the name and seals of the Library may be granted and the
procedures for doing so. This part combines and revises the provisions
set forth in parts 701.35 and 701.36 of 36 CFR Chapter VII. Part 701.36
of 36 CFR Chapter VII, Use of the Seal of the Library of Congress and
the Library of Congress Trust Fund Board, will be removed.
List of Subjects in 36 CFR Part 701
Libraries, Seals and insignias.
Proposed Regulation
In consideration of the foregoing the Library of Congress proposes
to amend Part 701 of 36 CFR to read as follows:
PART 701--PROCEDURES AND SERVICES
1. The authority citation for part 701 is revised to read as
follows:
Authority: Sec. 1, 29 Stat. 544, 546; 2 U.S.C. 136; 18 U.S.C.
1017.
2. Section 701.35 is revised to read as follows:
Sec. 701.35 Credit and Recognition Policy on the Use of the Library
Name, Seal, or Logo.
(a) Purpose. The purpose of this part is to assure that the Library
of Congress is properly and appropriately identified and credited as a
source of materials in publications that rely on Library resources, so
that the public may know that the resources in its national library are
being used productively in fulfillment of its mission.
(b) Definitions. (1) Publication means any tangible expression of
words or thoughts in any form or format, including print, sound
recording, television, optical disc, software, online delivery, or
other technology now known or hereinafter created. It includes the
whole range of tangible products from simple signs, posters, pamphlets,
and brochures to books, television productions, and movies.
(2) Internal Library publication means a publication over which any
unit of the Library has complete or substantial control or
responsibility.
(3) Collaborative publications means those in which any unit of the
Library is providing more than routine assistance. The assistance may
be pursuant to a formal agreement or may simply be an extensive
courtesy.
(4) Commercial publications means those known or likely to involve
subsequent mass distribution, whether by a for-profit or not-for-profit
organization or individual.
(5) Noncommercial user means an individual whose publication
includes a significant number of Library references, but the intended
purpose of which is personal, scholarly, or noncommercial.
(6) Official Library logo means any official seal of the Library.
(c) Credit and recognition policy. (1) The name ``Library of
Congress,'' or any abbreviation thereof, shall be used officially to
represent the Library of Congress and its programs, projects,
functions, activities, or elements thereof. The Library's name shall be
used only when it is in the interest of the Library. Any other use of
the Library's name by any person or organization, except as provided by
this part, is prohibited.
(2) The Library of Congress seal symbolizes the Library's authority
and standing as an official agency of the U.S. Government. As such, it
shall be displayed only on official documents or publications of the
Library. The seal of the Library of Congress Trust Fund Board shall be
affixed to documents of that body as prescribed by the Librarian of
Congress. Procedures governing the use of any other Library of Congress
logo are set out in paragraphs (c)(3) through (c)(10).
(3) Questions regarding the appropriateness of the recognition or
credit shall be referred to the Public Affairs Office.
(4) Internal publications. Each internal Library publication shall
include a copy of an official Library logo in a position, format, and
location suitable to the particular media involved. The logo may be
alone or in addition to an approved unit or activity logo, but shall be
no less prominent than any other logo used, except in the cases of the
Copyright Office, the Congressional Research Service, and the Center
for the Book. Other exceptions to this policy may be made only if a
written request is approved by the Management Team member under whose
jurisdiction the publication falls.
(5) Collaborative/commercial publications. (i) Individuals with
whom the Library is engaged in a collaborative publication, and
individuals requesting assistance for commercial publications, shall be
instructed regarding Library policy on credit, recognition, and
endorsement by the Library employee with whom they are dealing.
(ii) Ordinarily, the Library logo accompanied by a concise
acknowledgement should appear in an appropriate and suitable location
on all collaborative and all commercial publications. The Library
requires that a credit line accompany reproductions of images from its
collections.
(iii) The size, location, and other attributes of the logo and
credit line should be positioned in such a way that they do not imply
Library endorsement of the publication unless such endorsement is
expressly intended by the Library, as would be the case in
copublication or coproduction activities. Use of the Library name or
logo in any context suggesting an explicit or implicit endorsement may
be approved in only those instances where the Library has sufficient
expertise to pass judgment on the subject matter, where that expertise
has been engaged or applied, and where the terms of the collaborative
undertaking are such that the Library has sufficient control over the
publication to make changes necessary to reflect Library expertise.
(iv) Library officers working on commercial publication projects
shall notify all collaborators of Library policy in writing if the
collaboration is arranged through an exchange of correspondence. A
statement of Library policy shall be incorporated into the agreement if
the terms of the collaboration are embodied in any written instrument,
such as a contract or letter of understanding.
(6) Noncommercial users. Staff members assisting individuals who
are noncommercial users of Library resources shall encourage them to
extend the customary professional courtesy of acknowledging their
sources in publications, including films, television, and radio, and to
use approved credit lines.
(7) Each product acquired for resale by the Library that involves
new labeling or packaging shall bear a Library logo and shall contain
information describing the relevance of the item to the Library or its
collections. Items not involving new packaging shall be accompanied by
a printed description of the Library and its mission, with Library
logo, as well as the rationale for operating a gift shop program in a
statement such as, ``Proceeds from gift shop sales are used to support
the Library collections and to further the Library's educational
mission.''
(8) Each item authorized by the Library pursuant to a licensing
agreement (directly or through a third party) shall bear a Library logo
and shall contain information describing the relevance of the item to
the Library or its collections.
(9) Office Systems Services shall make available copies of the
Library seal or logo in a variety of sizes and formats, including
digital versions.
(10) Each service unit head shall be responsible for devising the
most appropriate way to carry out and enforce this policy.
(d) Violations. (1) All violations or suspected violations of this
part or of 18 U.S.C. 1017 shall be reported to the Office of the
General Counsel as soon as they become known.
(2) Whenever the General Counsel has determined that any person or
organization is engaged in or about to engage in an act or practice
that constitutes or will constitute conduct prohibited by this part or
a violation of any requirements of this part, the General Counsel shall
take whatever action necessary, including seeking the assistance of the
U.S. Department of Justice, to obtain injunctive relief or damages.
Dated: September 16, 1994.
James H. Billington,
The Librarian of Congress.
[FR Doc. 94-23416 Filed 9-21-94; 8:45 am]
BILLING CODE 1410-04-P