Library of Congress Legal changes — 20161102_rev01

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## Security

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To maintain the security of the Library of Congress websites, and to ensure that they remain available to all users, we use software programs to monitor network traffic. The programs identify unauthorized attempts to upload or change information, deny service, or otherwise cause damage or access non-public information. Unauthorized attempts to upload or change information are strictly prohibited and may be punishable under the United States criminal code (18 U.S.C. 1030). We may provide information about possible violations of the law to law enforcement officials.

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We reserve the right to block IP address that fail to honor our websites' robot.txt files, or submit requests at a rate that negatively impacts service delivery to patrons. Current guidelines recommend that software programs submit a total of no more than 10 requests per minute to Library applications, regardless of the number of machines used to submit requests. We also reserve the right to terminate programs that require more than 24 hours to complete.

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## About Copyright and the Collections

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Whenever possible, the Library of Congress provides factual information about copyright owners and related matters in the catalog records, finding aids and other texts that accompany collections. As a publicly supported institution, we generally do not own the rights to materials in our collections. We do not charge permission fees for using materials, and generally do not grant or deny permission to publish or otherwise distribute them.

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However, permissions and fees may be required from the individual copyright holder. You should determine for yourself whether or not an item is protected by copyright or in the public domain, and then satisfy any copyright or use restrictions when publishing or distributing materials from our collections. Transmission or reproduction of protected items beyond what is allowed by fair use or other exemptions requires written permission from the copyright holder.

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If you have more information about an item that you have seen on our websites, or if you are the copyright holder and believe our websites have not properly attributed your work or have used it without permission, please contact [\[email protected\]](https://loc.gov/cdn-cgi/l/email-protection#8ae5ede9cae6e5e9a4ede5fc) with your contact information and a link to the relevant content.

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If you have more information about an item that you have seen on our websites, or if you are the copyright holder and believe our websites have not properly attributed your work or have used it without permission, please contact [\[email protected\]](https://loc.gov/cdn-cgi/l/email-protection#f8979f9bb894979bd69f978e) with your contact information and a link to the relevant content.

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[View more information about copyright law from the U.S. Copyright Office](http://www.copyright.gov/)

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## Privacy and Publicity Rights

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If you use materials from Library of Congress websites, then you are responsible for making your own decision whether there are privacy and publicity rights considerations. Factors to consider include the type of materials and their intended use.

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Privacy and publicity rights are separate and distinct from copyright. Privacy and publicity rights protect the interests of the person(s) who may by the subject(s) of the work, whereas copyright protects the copyright holder's property interest in the work. Privacy and publicity issues can arise when using materials such as letters, diary entries, and photographs because two or more people were involved in creating the work (e.g. photographer and subject, or interviewer and interviewee).

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The distinctions between privacy rights, publicity rights, and copyright can be clearly illustrated by an example: an advertiser would like to use a photograph for a print ad. The advertiser asks the photographer (who holds the copyright of the photograph) for permission, and negotiates a license to use the image. But the advertiser must also find out if the photographer had a formal relationship with the subject of the photo allowing the photographer to license the photo for all uses, or otherwise waiving the subject's rights (such as a release form signed by the subject). If there was no formal relationship, then the advertiser also needs permission from the subject because the subject has retained both privacy and publicity rights in the use of his/her likeness. The publicity right of a subject is that his/her image cannot be used commercially without his/her consent.

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Privacy rights generally end when the person in question dies. However, publicity rights from a person's name, image or voice can continue after his or her death. For example, the estates of celebrities and public figures may continue to control and license the use of those figures' names, likenesses, etc. While the risk of using an image in a periodical's "editorial" pages may be lower than using one in advertising or for other commercial purposes, the risk can still be high if the person is ridiculed or presented in a libelous manner. Celebrities and other figures who seek public recognition surrender some privacy, but may still have the right to control commercial use of their image (such as likeness, voice, and signature) because image can be a commercial asset.

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Copyright is protected by federal law under the United States Copyright Act, whereas privacy and publicity rights are governed by state law. What is allowed in one state may not be allowed in another. (But note that related federal causes of action, such as unauthorized use of a person's identity to create a false endorsement, may be pursued under the Lanham Act, 15 USC 1125(a).) Fair use is a statutorily described defense to copyright infringement, but is not a defense to violations of privacy or publicity rights.

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## Privacy Policy

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Protecting our patrons' personal information is important. We collect, use, and share information obtained from online visitors only in the following ways:

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- Personal information is voluntarily provided by users.

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- Personal information is used only for its intended purpose.

Legal

Full text changes — 20161007_rev01 to 20161102_rev01