RE: Re: False and Deceptive Trade Practices (was Acknowledging Samples)

Diane Publishing isn't the only company that makes a tidy profit from repackaging and reselling government works (i.e, Title 17 USC Sec 105). For example, MilSpecs and Standards are free from the ASSIST database, but commercial standards suppliers charge from $40-$20 for these.

As far as anyone doing anything about it, the US Government has no grounds for legal action based on copyright since there is none. And often resellers do a better job in making these works discoverable and available to the public or a targeted audience than the producing agency ... although that's about to change as agencies begin to adopt OAI standards to open up their databases and as search engines (Google comes to mind) dig deeper into the invisible web.

As for resellers claim of copyright in government works, after the US joined Berne, the requirement to identify U.S. Government works incorporated into copyrighted works became optional -- see Title 17 USC Sec 403 and the Copyright Office Circular 1: Copyright Basics.

Government agencies are more concerned about the appearance of implied endorsement and misrepresentation. Federal law prohibits use of any government agency symbol, emblem, seal, or insignia in connection with any advertisement, solicitation, business activity, or product where the use could reasonably be interpreted as conveying the false impression that such advertisement, solicitation, business activity, or product is in any manner approved, endorsed, sponsored, or authorized by, or associated with the Government.

Many Government agencies have trademarked their symbols and product names. While they might not have cause of action based on copyright, they could for trademark infringement. For example, see the list of trademarks held by the National Library of Medicine. http://www.nlm.nih.gov/pubs/factsheets/trademarks.html

Bonnie Klein

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Karen Coyle Sent: Friday, September 22, 2006 12:06 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: False and Deceptive Trade Practices (was Acknowledging Samples)

Do a google books search (using the advanced search capabilities) for the publisher "diane publishing". You will find hundreds of US Federal publications that have been reprinted by the publisher and digitized (either by Google or the publisher, it isn't clear) in which every page carries the statement "Copyrighted material." Some of these same items are available in a nearly identical form from the issuing agencies, free

and openly available, so there's no mistaking that they really are public domain. I haven't heard that anyone is taking any action against them.

kc Received on Sat Sep 23 2006 - 01:15:01 GMT