[Federal Register Volume 59, Number 216 (Wednesday, November 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27652]


[[Page Unknown]]

[Federal Register: November 9, 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: Final regulation.

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SUMMARY: The Library of Congress issues this final regulation 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.

EFFECTIVE DATE: November 9, 1994.

FOR FURTHER INFORMATION CONTACT: Johnnie M. Barksdale, Regulations 
Officer, Office of the General Counsel, Library of Congress, 
Washington, DC 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 Sec. Sec. 701.35 and 701.36 of 36 CFR Chapter VII. Section 
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.

Comments

    The Library of Congress received one comment on the proposed 
regulation; that comment submitted by Jay L. Hack, Esquire, of Serchuk 
& Zelermyer, Attorneys at Law, White Plains, New York. Mr. Hack 
objected to the language in Sec. 701.35, paragraph (c)(1) in the 
proposed regulation, regarding the use of the Library's name only when 
it is in the interest of the Library. Mr. Hack believes that this 
language constitutes a violation of First Amendment rights. The Library 
agrees that the purpose and focus of this proposed regulation was 
obscured by the language used. Accordingly, Sec. 701.35, paragraph 
(c)(1) has been revised to clarify the Library's policy on the use of 
its name.

List of Subjects in 36 CFR Part 701

    Libraries, Seals and insignias.

Final Regulation

    In consideration of the foregoing the Library of Congress amends 36 
CFR Part 701 as follows:

PART 701--PROCEDURES AND SERVICES

    1. The authority citation for part 701 is revised to read as 
follows:

    Authority: 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 section 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, 
is used officially to represent the Library of Congress and its 
programs, projects, functions, activities, or elements thereof. In 
addition, the Library recognizes that its name may be used 
informationally by others in publications. Except as provided for in 
this part, however, the use of the Library's name, explicitly or 
implicitly to endorse materials in any publication, 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) of this section.
    (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 section 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 section, 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: November 2, 1994.
James H. Billington,
The Librarian of Congress.
[FR Doc. 94-27652 Filed 11-8-94; 8:45 am]
BILLING CODE 1410-04-P