Q: What is copyright?
A: The copyright laws give BNA (as the copyright owner) the exclusive right to reproduce, prepare derivative works, distribute, perform, and publicly display a copyright work. The laws are intended to protect the owner’s intellectual property in the work, and to protect print and electronic works, such as publications, books, Web-based applications, videos, and software. Works are protected even if they are not registered with the U.S. Copyright Office, or do not carry the copyright symbol “©”. Generally, the author has exclusive rights to do what he/she wants with the work.
Contrary to popular belief and practice, most copying of copyrighted materials is not allowed, whether done by photocopying or electronic means (e.g., e-mailing or faxing an article), unless permission or license has been obtained or the copying is “fair use” as defined by the copyright laws. “Fair use” is strictly limited to specific purposes such as criticism, comment, background research, or teaching. It does not include copying articles and putting them into your file for later use and reference, nor does it include copying and passing along an “FYI” article to your colleagues.
Q: Why should I be concerned about copyright? Are there consequences for infringement?
A: All BNA products contain proprietary content and/or software that are protected by copyright and other similar laws, and BNA claims copyright protection for all material that has been written or enhanced as a result of the efforts of BNA’s editorial staff or indexers. BNA does not claim copyright in United States government works, although BNA does claim copyright for the compilation, selection, coordination, and arrangement of such material. Put simply, except for statutory “fair use,” no portion of a BNA product may be reproduced in any way, unless permitted under these Guidelines or with express permission from BNA.
Infringement may result in criminal as well as civil liabilities for you and your employer.
Q: Why does BNA have such detailed Copyright Guidelines?
A: We have comprehensive Guidelines to assist our customers in obtaining the maximum value from BNA products. Many publishers have vague copyright guidelines, if any, thus leaving much of the interpretation to the customer. BNA recognizes that a certain degree of reuse may be necessary on an occasional basis, and that customers want a clear understanding of what they can or cannot do with a BNA product. Many of these questions are based on inquiries we have received over the years. While every situation cannot be addressed, we have tried to address BNA customers’ evolving business needs while helping them comply with copyright laws. In other words, BNA’s permitted uses are broader than permitted uses under the copyright laws alone.
Q: Will the BNA Copyright Guidelines be revised?
A: BNA reserves the right to revise the BNA Copyright Guidelines at any time. While we do not expect to revise them on a frequent basis, we may update them as necessary to clarify specific answers and to respond to frequently asked questions.
Q: The BNA Copyright Guidelines often refer to “occasional” use. What does “occasional” mean?
A: BNA defines occasional copying or distribution as an annual per person maximum of five (5) articles from each BNA publication. For electronic distribution and copying, the same limit applies to authorized end users. In all cases, distribution should be limited to a selected group of recipients.
For example, an attorney may e-mail an article from BNA’s Daily Report for Executives to a select group of co-workers or clients, but not to the firm’s entire client list or the entire firm. She may do this with a maximum of five articles from that publication during a 12-month period.
Q: May I make a print copy of a BNA article for selected clients or someone in another office?
A: Yes, but only on an occasional basis and with proper attribution to BNA.
Q: May I make copies of BNA articles for my files?
A: Yes, but only on an occasional basis.
Q: May I copy, e-mail, or fax an entire issue of a publication?
A: No. You may never make copies of or transmit the entire contents of a BNA publication, even if you have a CCC Annual License. It does not matter whether the publication is in print or electronic form or if the copying is done on a one-time basis.
Q: We keep our print Daily Report for Executives in the library and route the Highlights. May employees regularly come to the library and make copies of pertinent articles? May I (or a designated individual, e.g., paralegal, librarian, assistant) review the BNA publication and distribute selected copies of articles to share with staff?
A: No. While you may route the original Highlights section that accompanies the issue, you may not set up a regular and systematic distribution system of copying or e-mailing articles for employees, even if you have a CCC Annual License. Employees may copy an article on an occasional basis. If you want to copy and distribute sections on a systematic, routine or regular basis, you will need to purchase additional print copies or licenses, even if you have a CCC Annual License. Please contact your BNA representative for more information.
Q: We have a single print subscription to Daily Labor Report which comes with a separate copy of the Highlights. May I make copies of the Highlights and give them to other employees or attorneys in my firm?
A: No, unless it is on an occasional basis. If you want to copy and distribute sections on a systematic, routine or regular basis, you will need to purchase additional print copies or licenses, even if you have a CCC Annual License. Please contact your BNA representative for more information.
Q: Why am I not allowed to copy or e-mail the Highlights or similar summary sections of BNA publications?
A: In each issue of most BNA publications, the first few pages contain article summaries and/or headlines relating to the contents of that issue. Depending on the particular publication or delivery format, these summaries may be entitled “Highlights,” “In this Issue,” “Also in the News,” “Headlines,” Or “Headlines with Summaries.” To distinguish these sections from the full-text articles themselves, BNA sometimes refers to them simply as Highlights or Table of Contents. However, these sections are far from a typical table of contents that merely lists the contents of a book or other publication. Rather, these sections are original and proprietary works protected by copyright laws. If you want to copy and distribute sections on a systematic, routine or regular basis, you will need to purchase additional print copies or licenses, even if you have a CCC Annual License. Please contact your BNA representative for more information.
Q: May I print out or e-mail a BNA article that I found on Westlaw or Lexis?
A: Yes, as long as the copy is for your own use. You may also give or e-mail that article to another person, provided you do not keep a copy for yourself. For example, your librarian may e-mail (or print out and give) you a BNA article, but may not keep a copy.Westlaw and Lexis products are sold on a transactional basis rather than by subscription, so the revenue BNA receives is based on actual usage. BNA does not authorize photocopying of a printout or file of information obtained in this way. To obtain multiple copies, users should access the online service in the normal way, once for each copy desired.
Q: Do we need to get permission to quote a sentence or two from a BNA publication?
A: No. Permission is not needed for occasionally quoting a small portion of a BNA article (e.g., a few sentences or a paragraph). However, in keeping with good citation practice, you should always give proper attribution to the BNA publication (i.e., full publication title, full article title, date and page number).
Q: May we make and send out copies of an article that was written by one of our attorneys or that discusses our company? Can we post the article on our website or include it in a client newsletter? Does it matter if we have an Annual CCC License?
A: No. You must obtain permission by contacting Permissions. BNA can provide you with a PDF (electronic) version of the requested article, complete with the BNA logo and appropriate reprint language. Because this is external distribution, permission would be required even if you have a CCC Annual License.
Q: May we post or include a copy of a BNA article on our firm’s website, client-firm extranet or client newsletter? Does it matter if we have an Annual CCC license?
Q: May I summarize a BNA article and then post it on a web site or include it in a client newsletter?
A: No. In summarizing the BNA article, you would be making a derivative work of copyrighted material, which is not permitted. Further, BNA prefers that the original article be used, not a summary. BNA can provide you with a PDF (electronic) version of the requested article, complete with the BNA logo and appropriate reprint language.
Q: We have a subscription to BNA Labor PLUS (electronic labor databases). May I distribute copies of search results to our clients?
A: Yes, provided such distribution is not on a systematic or regular basis. For example, you may perform a database search of a specific company or collective bargaining agreement provision and send those search results to your client for its own internal use and not for further distribution. However, you may not copy and distribute an entire database.
Q: If I want to copy, reuse or distribute BNA content in other ways, what should I do?
A: BNA offers customer license arrangements to accommodate customers’ individual information needs. Please contact your BNA representative for more information.
Q: What is an electronic product?
A: A BNA electronic product is a publication or service that is delivered either through an electronic medium (e.g., e-mail, the Web, CD-ROM, etc.). Use is limited to authorized users and is governed by the type of license you have with BNA. Access by anyone who is not an authorized user is not allowed. Authorized users may not copy and distribute any part of the product (e.g., e-mail, post on a web site), except on an occasional basis and with proper attribution to BNA.
Q: What can I do with an electronic product?
A: If you are an authorized user, you may:
Q: Can anyone access and use a BNA electronic product?
A: No. Users must be authorized under the appropriate license agreement. BNA offers different license models depending on your organization’s needs. Access by people other than the authorized users is not allowed. Passwords to BNA electronic products are for individual authorized use only, and are not to be shared with anyone else, even on a one-time basis.
Q: May I occasionally share my password to BNA electronic products with another employee?
A: No. Passwords are for individual authorized use only and cannot be shared with another employee or anyone else, even on a one-time basis.
Q: May a registered user of a BNA electronic publication e-mail an article to another employee that does not have authorized access?
A: No. The article may not be e-mailed to other people, put up on a web site, or printed out, copied and distributed to others, except on an occasional basis and with proper attribution to BNA. Because BNA’s electronic publications are licensed based on a specified number of authorized users, access by or distribution to unauthorized users is not allowed. If you want to copy and distribute or e-mail sections or articles on a systematic, routine or regular basis, you will need to purchase additional copies or appropriate licenses, even if you have a CCC Annual License.
Q: We have a single user license to the Web-based version of Daily Labor Report, and I receive the daily e-mail Highlights. May I forward this e-mail or print copies for distribution to other people in my office?
A: No, unless it is on an occasional basis. If you want to copy and distribute or e-mail sections or articles on a systematic, routine or regular basis, you will need to purchase additional copies or appropriate licenses, even if you have a CCC Annual License.Please contact your BNA representative for more information.
Q: We have a FirmWide (law firm) or Enterprise license to several BNA products. What does this mean?
A: A BNA FirmWide or Enterprise license generally allows use of the licensed product by all employees at a specified location, in a particular department, or throughout the company, depending on the specific terms. Your firm librarian should be able to provide you with the details of your license. Authorized users may copy and distribute or e-mail articles to other authorized users.
Q: How do I obtain reprint permission? Can I simply give credit to BNA?
A: Simply giving credit to BNA is not sufficient. Unless a particular use is allowed under the copyright laws or these Guidelines, you will need to request specific permission by contacting email@example.com. In your request, be sure to include the following information: (1) your name, company, mailing address, e-mail and telephone number; (2) name of the BNA publication, issue date, page number(s) and headline; (3) reason for request; and (4) the approximate number of copies to be made or URL address (if posting to a website).
Q: Why must I seek permission?
A: Obtaining permission is for your protection. If a specific use of a BNA product is not authorized under these Guidelines, obtaining permission protects yourself and/or your employer from potential claims of copyright infringement. BNA will provide you with a PDF (electronic) version of the requested article, complete with the BNA logo and appropriate reprint language.
Q: Who should I contact for permission?
A: BNA Services – BNA Library, fax (703) 341-1636; firstname.lastname@example.orgBNA Books – Paul Kavanakudy, fax (703) 341-1610; email@example.comBNA Tax and Accounting – George R. Farrah, fax (703) 341-1624; firstname.lastname@example.org
Q: What is the Copyright Clearance Center (CCC)?
A: The Copyright Clearance Center (www.copyright.com) offers licenses that permit licensees to reuse and distribute BNA publications. Licensees pay fees to CCC which then compensates BNA for such reuse. CCC’s goal is to provide an efficient way for businesses to comply with copyright laws. It is not intended to provide a substitute for an appropriate subscription or license.
CCC offers different types of licenses including the Transactional License, which permits copying on a per-transaction basis, and the Annual Enterprise License (“CCC Annual License”) that gives the licensee an enterprise-wide license to copy and distribute copyrighted works, within limits.
Q: What is the code on each page?
A: The ISSN or ISBN code, which the Copyright Clearance Center uses to identify the publication and publisher, appears at the bottom of each page or the top of each electronic article. The charge for lawful reproduction made through a CCC Transactional License or directly to BNA is currently $1.00 per page per copy for nonacademic use or for those who do not have a CCC Annual License. Only portions of a publication may be copied and made only personal or internal use upon payment of the fee. In no event may the entire issue or section be copied, even if the fee is paid. Payment of the CCC fees negates the need for seeking permission from BNA.
Q: What can I do with BNA products if I have a CCC Annual License?
A: You may do the following internal copying and redistribution:
Q: Are there some things I cannot do even if I have a CCC Annual License?
A: Yes. A CCC License has restrictions on reuse and redistribution. It is not intended to bypass the terms of your BNA subscription or license. Further, it is never intended to serve as a replacement for additional subscriptions or licenses.
Regardless of whether you have such a license, you cannot do the following even if done internally:
Q: Does my CCC Annual License cover both print and electronic BNA subscriptions?
A: BNA print and electronic publications are registered with CCC, which means that licensees with the appropriate CCC license may copy and distribute print and electronic BNA articles. If you have a digital distribution license, you may copy and distribute the articles in print and electronic form. However, you should check to see if your organization has a license for both print copy and electronic distribution.
Q: I can’t find an answer to my question on permitted usage. Who should I contact?
A: You should contact the following appropriate Permissions representative if you have any doubt about a proposed use:BNA Services – BNA Library, fax (703) 341-1636; email@example.comBNA Books – Paul Kavanakudy, fax (703) 341-1610; firstname.lastname@example.orgBNAPlus – Laura Fox, fax (703) 341-1643; email@example.comBNA Tax and Accounting – George R. Farrah, fax (703) 341-1624; firstname.lastname@example.org
Revised April 2010