[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 8853-8855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3860]
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LIBRARY OF CONGRESS
36 CFR Part 701
[Docket No. LOC 98-2]
Policy on the Authorized Use of the Library 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 insure
that the Library's name, seal and logos are used properly and in
accordance with the procedures set forth herein.
EFFECTIVE DATE: February 23, 1998.
FOR FURTHER INFORMATION CONTACT: Elizabeth A. Pugh, General Counsel,
Office of the General Counsel, Library of Congress, Washington, D.C.
20540-1050. Telephone No. (202) 707-6316.
SUPPLEMENTARY INFORMATION: The purpose of this regulation is (1) To
assure that the Library of Congress is properly and appropriately
identified and credited as a source of materials in publications; (2)
to assure that the name or logo of the Library of Congress, or any unit
thereof, is used only with the prior approval of the Librarian of
Congress or his designee; and (3) to assure that the
[[Page 8854]]
seal of the Library of Congress is used only on official documents or
publications of the Library.
List of Subjects in 36 CFR Part 701
Libraries, Seals and insignias.
In consideration of the foregoing the Library of Congress amends 36
CFR part 701 to read as follows:
PART 701--PROCEDURES AND SERVICES
1. The authority citation for part 701 continues to read as
follows:
Authority: 2 U.S.C. 136.
Section 35 also issued under 2 U.S.C. 154, 179m; 18 U.S.C. 701,
709, 1017.
2. Section 701.35 is revised to read as follows:
Sec. 701.35 Policy on the Authorized Use of the Library Name, Seal, or
Logo
(a) Purpose. The purpose of this part is three-fold:
(1) To assure that the Library of Congress is properly and
appropriately identified and credited as a source of materials in
publications.
(2) To assure that the name or logo of the Library of Congress, or
any unit thereof, is used only with the prior approval of the Librarian
of Congress or his designee; and
(3) To assure that the seal of the Library of Congress is used only
on official documents or publications of the Library.
(b) Definitions. (1) For the purposes of this part, 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) Cooperative publications are those in which the Library is a
partner with the publisher by terms of a cooperative publishing
agreement.
(4) Commercial publications are those known or likely to involve
subsequent mass distribution, whether by a for-profit or not-for-profit
organization or individual, which involve a cooperative agreement. A
commercial publication can also include a significant number of LC
references and is also approved by the LC office that entered into a
formal agreement. Noncommercial publications are those which are
produced by non-commercial entities.
(5) Internet sites are those on-line entities, both commercial and
non-commercial, that have links to the Library's site.
(6) Library logo refers to any official symbol of the Library or
any entity thereof and includes any design officially approved by the
Librarian of Congress for use by Library officials.
(7) Seal refers to any statutorily recognized seal.
(c) Credit and Recognition Policy. (1) The name ``Library of
Congress,'' or any abbreviation or subset such as ``Copyright Office''
or ``Congressional Research Service,'' thereof, is used officially to
represent the Library of Congress and its programs, projects,
functions, activities, or elements thereof. The use of the Library's
name, explicitly or implicitly to endorse a product or service, or
materials in any publication is prohibited, except as provided for in
this part.
(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. The seal of the National Film Preservation Board shall be
affixed to documents of that body as prescribed by the Librarian of
Congress. Procedures governing the use of any Library of Congress logo
or symbol are set out below.
(3) Questions regarding the appropriateness of the use of any
Library logos or symbols, or the use of the Library's name, shall be
referred to the Public Affairs Officer.
(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 Executive Committee member under
whose jurisdiction the publication falls.
(5) Cooperative Ventures. (i) Individual, commercial enterprises or
non-commercial entities with whom the Library has a cooperative
agreement to engage in cooperative efforts shall be instructed
regarding Library policy on credit, recognition, and endorsement by the
officer or manager with whom they are dealing.
(ii) Ordinarily, the Library logo should appear in an appropriate
and suitable location on all cooperative publications. The Library
requires that a credit line accompany reproductions of images from its
collections and reflect the nature of the relationship such as
``published in association with * * *''.
(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 cooperative
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 control over the publication
to make changes necessary to reflect Library expertise.
(iv) Library officers working on cooperative projects shall notify
all collaborators of Library policy in writing if the collaboration is
arranged through an exchange of correspondence. All uses of the Library
of Congress's name, seal or logo on promotional materials must be
approved by the Public Affairs Officer, in consultation with the Office
of the General Counsel, in advance. 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. The statement could read as follows:
NAME OF PARTNER recognizes the great value, prestige and
goodwill associated with the name, ``Library of Congress'' and any
logo pertaining thereto. NAME OF PARTNER agrees not to knowingly
harm, misuse, or bring into disrepute the name or logo of the
Library of Congress, and further to assist the Library, as it may
reasonably request, in preserving all rights, integrity and dignity
associated with its name. Subject to the Library's prior written
approval over all aspects of the use and presentation of the
Library's name and logo, the NAME OF PARTNER may use the name of the
Library of Congress in connection with publication, distribution,
packaging, advertising, publicity and promotion of the ____,
produced as a result of this Agreement. The Library will have
fifteen (15) business days from receipt of NAME OF PARTNER'S written
request to approve or deny with comment such requests for use of its
name or logo.
(5) Noncommercial Users. Library officers assisting individuals who
are noncommercial users of Library resources shall encourage them to
extend the customary professional courtesy of acknowledging their
sources
[[Page 8855]]
in publications, including films, television, and radio, and to use
approved credit lines.
(6) 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.''
(7) Electronic Users. Links to other sites from the Library of
Congress's site should adhere to the Appropriate Use Policy for
External Linking in the Internet Policies and Procedures Handbook.
Requests for such linkage must be submitted to the Public Affairs
Office for review and approval.
(8) Office Systems Services shall make available copies of the
Library seal or logo in a variety of sizes and formats, including
digital versions, if use has been approved by the Public Affairs
Officer, in consultation with the Office of General Counsel.
(9) Each service unit head shall be responsible for devising the
most appropriate way to carry out and enforce this policy in
consultation with the General Counsel and the Public Affairs Officer.
(e) Prohibitions and Enforcement. (1) All violations, or suspected
violations, of this part, shall be reported to the Office of the
General Counsel as soon as they become known. Whoever, except as
permitted by laws of the U.S., or with the written permission of the
Librarian of Congress or his designee, falsely advertises or otherwise
represents by any device whatsoever that his or its business, product,
or service has been in any way endorsed, authorized, or approved by the
Library of Congress shall be subject to criminal penalties pursuant to
law.
(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 requirement of this part, the General Counsel shall
take whatever steps are necessary, including seeking the assistance of
the U.S. Department of Justice, to enforce the provisions of the
applicable statutes and to seek all means of redress authorized by law,
including both civil and criminal penalties.
Dated: January 30, 1998.
James H. Billington,
The Librarian of Congress.
[FR Doc. 98-3860 Filed 2-20-98; 8:45 am]
BILLING CODE 1410-10-P
