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Bloomberg BNA Copyright and Usage Guidelines

Copyright

Q: What is copyright?  

A: The copyright laws give BBNA (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, 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 falls under an exception such as “fair use,” as defined by the copyright laws, for purposes such as criticism, comment, background research, or teaching.

Q: Why should I be concerned about copyright? Are there consequences for infringement?  

A: All BBNA products contain proprietary content and/or software that are protected by copyright and other similar laws. BBNA claims copyright protection for all material that has been written or enhanced as a result of the efforts of BBNA’s editorial staff or indexers. BBNA does not claim copyright in United States government works, although BBNA does claim copyright for the compilation, selection, coordination, and arrangement of such material. Put simply, except for statutory exceptions such as “fair use,” no portion of a BBNA product may be reproduced in any way, unless expressly permitted under these Guidelines or with express written permission from BBNA.

Infringement may result in criminal as well as civil liabilities for you and your employer.

Q: Why does BBNA have such detailed Copyright and Usage Guidelines?  

A: We have clear and comprehensive Guidelines to assist our customers in obtaining the maximum value from BBNA products.  BBNA 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 BBNA product. Many of these questions are based on inquiries we have received over the years. While not every situation can be addressed, we have tried to address BBNA customers’ evolving business needs while helping them comply with copyright laws.  BBNA’s permitted uses are intended to be broader than permitted uses under the copyright laws alone.

Q: Will the BBNA Copyright and Usage Guidelines be revised?  

A: BBNA reserves the right to revise the BBNA Copyright and Usage 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.

Permitted Uses (Print and Electronic Products)

Q: The BBNA Copyright and Usage Guidelines refer to the distribution of BBNA Products on an “occasional basis”. What does “occasional basis” mean in this context?

A: BBNA defines the distribution of BBNA products on an occasional basis as an annual per person maximum of five (5) documents (e.g., articles, enhanced case opinions, treatise sections, docket entries) from each BBNA publication. In all cases, distribution should be limited to a selected group of recipients and such recipients must agree not to further distribute the documents.

For example, an attorney may e-mail an article from BBNA’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. The attorney may do this with a maximum of five articles from that publication during a 12-month period.  Additionally, the co-workers and/or clients need to agree not to further distribute the article.

Q: What does an “occasional basis” mean as to distributing documents under a subscription to Bloomberg Law® or Bloomberg Government®?

A: As Bloomberg Law® and Bloomberg Government® consists of many different BBNA publications, the annual per person maximum is increased to 25 documents for each respective subscription to Bloomberg Law® and Bloomberg Government®.

Q: May I make a print copy of a BBNA article for selected clients or someone in another office?

A: Yes, but only on an occasional basis and with proper attribution to BBNA.

Q: May I make copies of an article from BBNA’s print publications solely for my files?

A: Yes, but only as necessary in the ordinary course of your work.

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 BBNA publication, even if you have a Copyright Clearance Center® (CCC) Annual License. It does not matter whether the publication is in print or electronic form or if the copying or transmission 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 BBNA 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 copy or distribute (including by email) articles on a systematic, routine or regular basis, even if you have a CCC Annual License (as defined below). 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 BBNA 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 or distribute Highlights (or similar summary 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 BBNA representative for more information.

Q: Why am I not allowed to copy or e-mail the Highlights or similar summary sections of BBNA publications?

A: In each issue of most BBNA 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, BBNA 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 or 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 BBNA representative for more information.

Q: May I print out or e-mail a BBNA article that I found on a licensed third party information provider (such as CCH®)?

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 BBNA article, but may not keep a copy. Such products may be sold on a transactional rather than subscription basis, so the revenue BBNA receives is based on actual usage. BBNA 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 BBNA publication?

A: No. Permission is not needed for occasionally quoting a small portion of a BBNA article (e.g., a few sentences or a paragraph). However, in keeping with good citation practice, you should always give proper attribution to the BBNA 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 a CCC Annual License?

A: No. You must obtain permission by contacting the Permissions Department at BBNA. BBNA can provide you with a PDF (electronic) version of the requested article, complete with the BBNA 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 BBNA article on our firm’s website, client-firm extranet or client newsletter? Does it matter if we have a CCC Annual license?

A: No. You must obtain permission by contacting the Permissions Department at BBNA. BBNA can provide you with a PDF (electronic) version of the requested article, complete with the BBNA logo and appropriate reprint language. Because this is external distribution, permission would be required even if you have a CCC Annual License.

Q: May I summarize a BBNA article and then post it on a web site or include it in a client newsletter?

A: No. In summarizing the BBNA article, you would be making a derivative work of copyrighted material, which is not permitted. Further, BBNA prefers that the original article be used, not a summary. BBNA can provide you with a PDF (electronic) version of the requested article, complete with the BBNA logo and appropriate reprint language.

Q: We have a subscription to BBNA 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, routine 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. However, you may not distribute an entire database.

Q: If I want to copy, reuse or distribute BBNA content in other ways, what should I do?

A: BBNA offers customer license arrangements to accommodate customers’ individual information needs. Please contact your BBNA representative for more information.

Licensed Electronic Products

Q: What is an electronic product?

A: A BBNA electronic product is a publication or service that is delivered 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 BBNA. Access by anyone who is not an authorized user is not allowed. Authorized users may not 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 BBNA.

Q: What can I do with an electronic product?

A: If you are an authorized user, you may:

  • view the publication on screen;
  • download small portions of the publication for individual or personal reference;
  • print paper copies for individual or personal use;
  • make copies of articles or excerpts of the publication for the preservation of research supporting legal or tax opinions, memoranda, court filings, tax returns, or similar documents, and may provide copies of such supporting research to third party advisors, including accountants, attorneys, and auditors, for review purposes; and
  • if BBNA is properly credited, on an occasional basis:
    • reproduce limited quantities of the data for internal or interoffice distribution or use only; and
    • include or distribute small portions in memoranda and reports for internal use or selected clients.  

Q: Can anyone access and use a BBNA electronic product?

A: No. Users must be authorized under the appropriate license agreement. BBNA offers different license models depending on your organization’s needs. Access by people other than the authorized users is not allowed. Passwords to BBNA 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 BBNA 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 BBNA 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 BBNA. Because BBNA’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 BBNA representative for more information.

Q: We have a FirmWide (law firm) or Enterprise license to several BBNA products. What does this mean?

A: A BBNA 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.

Permissions

Q: How do I obtain reprint permission? Can I simply give credit to BBNA?

A: Simply giving credit to BBNA 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 permissions@bna.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 BBNA 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: If a specific use of a BBNA product is not authorized under these Guidelines, obtaining permission protects yourself and/or your employer from potential claims of copyright infringement. BBNA will provide you with a PDF (electronic) version of the requested article, complete with the BBNA logo and appropriate reprint language. Except as expressly thereby authorized, customers also should not use the trademarks, trade names or service marks of BBNA in any manner that creates the impression that such names or marks are identified with the customer.

Q: Whom should I contact for permission?

A: BBNA Services – BBNA Library, fax (703) 341-1636; permissions@bna.com
BBNA Books – Paul Kavanakudy, fax (703) 341-1610; books@bna.com
BBNA Tax and Accounting – George R. Farrah, fax (703) 341-1624; tm@bna.com

Copyright Clearance Center

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 BBNA publications. Licensees pay fees to CCC which then compensates BBNA 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 BBNA 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 internally used 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 BBNA.

Q: What can I do with BBNA products if I have a CCC Annual License?

A: You may do the following internal copying and distribution:

  • Copy and give or e-mail an article to co-workers.
  • Distribute copies of published articles at internal meetings.
  • Post excerpts of industry research on corporate intranet sites.
  • Download content for use at company meetings.

Q: Are there some things I cannot do even if I have a CCC Annual License?

A: Yes. A CCC Annual License has restrictions on reuse and distribution. It is not intended to bypass the terms of your BBNA 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:

  • Copy and distribute articles on a systematic, routine or regular basis.
  • Copy or e-mail the BBNA Highlights or “In This Issue” on a systematic, routine or regular basis.
  • Copy and distribute articles to individuals outside of your organization.
  • Alter or manipulate the material in any way.
  • Use BBNA publications to create a clipping service.
  • Create searchable libraries.
  • Reuse a BBNA publication as a substitute for an additional subscription or license.
  • Reproduce a BBNA publication in its entirety for any reason.
  • Scan a BBNA article for internal distribution.

Q: Does my CCC Annual License cover both print and electronic BBNA subscriptions?

A: Yes, both BBNA print and electronic publications are registered with CCC, which means that licensees with the appropriate CCC license may copy and distribute print and electronic BBNA 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:
BBNA Services – BBNA Library, fax (703) 341-1636; permissions@bna.com
BBNA Books – Paul Kavanakudy, fax (703) 341-1610; books@bna.com
BBNA Tax and Accounting – George R. Farrah, fax (703) 341-1624; tm@bna.com

Updated January 2014