Legal

ARCHIVED 2015-10-05, DATE APPROXIMATE · VERSION 20151005_rev01 · COMPARED WITH 20150511_rev01

Full text changes — 20150511_rev01 to 20151005_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 ## About This Site
+The mission of the Library of Congress is to support the Congress in fulfilling its constitutional duties and to further the progress of knowledge and creativity for the benefit of the American people. Through its websites, the Library offers broad public access to a wide range of information, including historical materials that may contain offensive language or negative stereotypes. Such materials must be viewed in the context of the relevant time period. The Library of Congress does not endorse the views expressed in such materials.
+The Library of Congress's mission is to support Congress in fulfilling its constitutional duties, and to further the progress of knowledge and creativity for the benefit of the American people. Our websites offer public access to a wide range of information, including historical materials that may contain offensive language or negative stereotypes. Such materials should be viewed in the context of the relevant time period. We do not endorse the views expressed in such materials.
 ## General Disclaimer
+Materials published on this website are intended for reference use only, do not constitute legal advice, and may not represent the official opinion of the United States Government.
+Materials published on Library of Congress websites are intended for reference use only. They are not legal advice, and may not represent the official opinion of the United States Government.
+The Library of Congress websites have links to other federal agencies. We also link to other organizations' websites when there is a business reason to do so. This linking does not constitute the Library's endorsement of the content of their websites or of their policies or products.
+Our websites link to other federal agencies' and other organizations' websites when there is a business reason to do so. The links are not endorsements by the Library of Congress of the content of the websites, or of their policies or products.
 [View the standard disclaimer for external links](https://loc.gov/legal/standard-disclaimer-for-external-links/)
 ## Security
+For site security and to ensure that this service remains available to all users, this government computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, deny service, otherwise cause damage or access non-public information. Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the United States criminal code (18 U.S.C. 1030). Information regarding possible violations of law may be provided to law enforcement officials.
+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.
+The Library reserves the right to block IP addresses that fail to honor the Library's robots.txt files or submit requests at a rate that negatively impacts service delivery to all Library 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. The Library also reserves the right to terminate programs that require more than 24 hours to complete.
+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
+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, the Library generally does not own rights in its collections. Therefore, it does not charge permission fees for use of such material and generally does not grant or deny permission to publish or otherwise distribute material in its collections. Permission and possible fees may be required from the copyright owner independently of the Library. It is the researcher's obligation to determine whether an item is protected or, potentially, in the public domain, and to satisfy copyright or other use restrictions when publishing or otherwise distributing materials found in the Library's collections. Transmission or reproduction of protected items beyond that allowed by fair use requires the written permission of the copyright owners. Researchers must make their own assessments of rights in light of their intended use.
+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.
+If you have any more information about an item you've seen on our website or if you are the copyright owner and believe our website has not properly attributed your work to you or has used it without permission, we want to hear from you. Please contact OGC@loc.gov with your contact information and a link to the relevant content.
+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.
+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 [ogc@loc.gov](mailto:ogc@loc.gov) with your contact information and a link to the relevant content.
 [View more information about copyright law from the U.S. Copyright Office](http://www.copyright.gov/)
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 ## Privacy and Publicity Rights
+Privacy and publicity rights reflect separate and distinct interests from copyright interests. Patrons desiring to use materials from this website bear the responsibility of making individualized determinations as to whether privacy and publicity rights are implicated by the nature of the materials and how they use such materials.
+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.
+While copyright protects the copyright holder's property rights in the work or intellectual creation, privacy and publicity rights protect the interests of the person(s) who may be the subject(s) of the work or intellectual creation. Issues pertaining to privacy and publicity may arise when a researcher contemplates the use of letters, diary entries, photographs or reportage in visual, audio, and print formats found in library collections. Because two or more people are often involved in the work (e.g., photographer and subject, interviewer and interviewee) and because of the ease with which various media in digital format can be reused, photographs, audio files, and motion pictures represent materials in which issues of privacy and publicity emerge with some frequency.
+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).
+The distinctions among privacy rights, publicity rights, and copyright are best illustrated by example: An advertiser wishes to use a photograph for a print advertisement. The advertiser approaches the photographer, who holds the copyright in the photograph, and negotiates a license to use the photograph. The advertiser also is required to determine the relationship between the photographer and the subject of the photograph. If no formal relationship (e.g., a release form signed by the subject) exists that permits the photographer to license the use of the photograph for all uses or otherwise waives the subject's, sitter's or model's rights, then the advertiser must seek permission from the subject of the photograph because the subject has retained both privacy and publicity rights in the use of their likeness. The publicity right of the subject is that their image may not be commercially exploited without his/her consent and potentially compensation.
+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.
+While copyright is a federally protected right under the United States Copyright Act, with statutorily described fair use defenses against charges of copyright infringement, neither privacy nor publicity rights are the subject of federal law. Note also that while fair use is a defense to copyright infringement, fair use is not a defense to claims of violation of privacy or publicity rights. Privacy and publicity rights are the subject of state laws. What may be permitted in one state may not be permitted in another. Note also that related causes of action may be pursued under the federal Lanham Act, 15 U.S.C. § 1125 (a), for example, for unauthorized uses of a person's identity in order to create a false endorsement.
+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.
+While an individual's right to privacy generally ends when the individual dies, publicity rights associated with the commercial value connected with an individual's name, image or voice may continue. For example, many estates or representatives of famous authors, musicians, actors, photographers, politicians, sports figures, celebrities, and other public figures continue to control and license the uses of those figures' names, likenesses, etc.
+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.
+Although the risks for using an image in a periodical's "editorial" pages may be less than for use in advertising or for other commercial purposes, the risk can still be high if the person depicted is held up to ridicule or presented in a libelous manner. While it is true that famous or public figures who seek recognition have thereby surrendered some privacy, they may have the right to control the commercial use of their image (likeness, voice, signature, etc.). This principle recognizes that a celebrity's image can be an asset in trade.
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 ## Privacy Policy
+Protecting your personal information and privacy is important to the Library. We collect, use, and share information obtained from our online visitors and subscribers to Short Message Service (SMS) notifications only in the following ways:
+Protecting our patrons' personal information is important. We collect, use, and share information obtained from online visitors only in the following ways:
+- We will only collect personal information that you voluntarily provide.
+- We will only use the personal information you provide for its intended purpose.
+- We will only disclose personal information to a government agency if required by law.
+- We will only disclose personal information to contractors or associates to carry out your requests; these third parties follow our privacy policy or prominently display their own.
+- We will not disclose your personal information to other outside parties without first obtaining your permission.
+- We provide a safe online environment for children and follow COPPA principles.
+- We have implemented safeguards to protect any information collected.
+- Personal information is voluntarily provided by users.
+- Personal information is used only for its intended purpose.
+- Personal information is disclosed to other government agencies only if required by law.
+- Personal information is disclosed to contractors or associates only to carry out user requests. Third parties either follow our privacy policy or prominently display their own.
+- Personal information is not disclosed to outside parties without first obtaining permission from the user.
+- We provide a safe online environment for children in accordance with Children's Online Privacy Protection Act (COPPA) principles.
+- We have safeguards to protect all information collected.
 For more information follow these links:
 - [Types of Information Collected]()
 - [Automatically Collected Information]()
 - [Information Collected for Measurement and Customization (Cookies)]()
 - [Personal Information]()
 - [Children's Privacy Policy]()
 ### Types of Information Collected
+The Library collects several types of information, although never for commercial marketing use:
+The Library of Congress collects several types of information, although never for commercial marketing use:
 . [Automatically Collected Information]()
 . [Information Collected for Measurement and Customization (Cookies)]()
 . [Personal Information]()
+The Library has implemented safeguards to protect this information, including only providing access to designated Library staff members that require this access to perform their duties.
+We have safeguards in place to protect all this information, including only allowing access by designated staff who require access in order to perform their duties.
 ### Automatically Collected Information
+The Library of Congress strives to provide the best experience for our Web and SMS users. To that end, the Library automatically collects and stores the following non-personally identifiable information:
+The Library of Congress strives to provide the best experience for its web users. We automatically collect and store the following non-personally identifiable information:
+- The name of the domain from which you access the Internet,
+- The Internet Protocol address of your Internet provider's gateway, or in some cases, the computer you are using,
+- The date and time you access the Library's site,
+- The URL of the pages you visit and files you download,
+- The Internet address of the website from which you linked directly to our site,
+- Characteristics of your system, and
+- Search terms used to come to the site and while on the site (in aggregate only).
+- The name of the domain from which you accessed the Internet,
+- The Internet Protocol address of your Internet providers' gateways, or in some cases, your computer,
+- The date and time you accessed the Library's sites,
+- The URL of the pages visited and files downloaded,
+- The Internet address of the website that brought you directly to our websites,
+- Characteristics of your computer system; and
+- Search terms used to come to the websites and while on the websites (in aggregate only).
+This information allows us to improve our website design, presentation and system performance. We collect this information from users who read, browse and/or download information from the Library's websites.
+This information allows us to improve website design, presentation and system performance. We collect this information from anyone who reads, browses and/or downloads information from our websites.
+Additionally, if you choose to receive our Library Alerts via text message delivered to cell phones by SMS messaging, we automatically collect your cell phone number so we can send you the Library Alerts. You can opt out of our Library Alerts at any time.
 ### Information Collected for Measurement and Customization (Cookies)
+The Library wants to provide our users with the best online experience possible. As such, we use commercial software products to analyze and report on aggregated web metrics data. This data is generally retained indefinitely to support the mission of our Library of Congress web properties.
+To help provide website visitors with the best experience possible, the Library of Congress uses commercial software to report and analyze aggregated web metrics data. The data is generally retained indefinitely to help improve website performance.
+The Library uses three types of information collecting tools on its various websites: [session cookies](), [persistent cookies](), and [other customization tools](). "Cookies" are small files that a website transfers to your computer to allow the site to remember specific information. If you do not want cookies to be transferred to your computer, you may choose to [opt out](http://www.usa.gov/optout_instructions.shtml) of their use by modifying your browser options_._ While you will still be able to access most features of the Library's websites, certain features may not work as well or may be unavailable to you.
+Our sites use three types of tools: [session cookies](), [persistent cookies]() and [other customization tools](). "Cookies" are small files that websites transfer to visitors' computers to allow the site to remember specific information. If you do not want cookies transferred to your computer, you may [opt out](https://www.usa.gov/optout-instructions) by changing your browser options. Without cookies, most of our websites will continue to display normally, but certain features may not work as well or may be unavailable.
+Session cookies do not contain personal information and once you close your browser, the cookies disappear. The Library uses session cookies on our site for technical purposes such as to enable you to more easily navigate throughout the Library's websites. Session cookies only collect non-personally identifiable data.
+Session cookies do not contain personal information and disappear once the browser window is closed. We use session cookies for technical purposes such as to enable you to more easily navigate throughout the websites. Session cookies only collect non-personally identifiable data.
+Persistent cookies store information on your computer for longer periods of time and across multiple sessions. The Library never uses persistent cookies to collect personal identifiable information about our website visitors. The Library uses persistent cookies to improve our web metrics by distinguishing between new and returning visitors; to prevent repeated prompting to complete our customer satisfaction survey, to anonymously aggregate data on how visitors use our sites and to "remember" preferences that you voluntarily provide in order to create a more seamless experience.
+Persistent cookies store information on users' computers for longer periods of time and across multiple visits. We do not use persistent cookies to collect personal identifiable information about visitors. However, we do use persistent cookies to improve web metrics by distinguishing between new and returning visitors, to anonymously aggregate data on how visitors use our websites, and to remember voluntarily-provided user preferences to create a smoother browsing experience.
+Customization tools allow you to voluntarily provide information to personalize and improve your online experience on a particular Library website. This information is saved on our servers.
+Customization tools allow users to voluntarily provide information to personalize and improve their online experience. Information from customization tools is saved on our servers.
 ### Personal Information
+In order to use certain features of the Library's websites, you may need to submit personal information so we can respond appropriately. We will inform you what information we require and will only use it for the stated purpose. Examples include making a purchase from the Library's online gift shop, requesting a response on a feedback form and participating in the Library's wikis or blog areas. By providing the information, you are giving consent to the Library to use the information for the stated purpose; if you do not want to provide the information, the feature will not be available to you.
+Personal information may be required to use certain features of Library of Congress websites, such as making a purchase from the Library's online shop, submitting a request to the Ask a Librarian service, responding to a feedback form, or participating in blog discussions. We always inform users what information is required, and only use that information for its stated purpose. If you provide the information requested, then you consent to our using the information for the stated purpose. If you do not provide the information then some website features may be unavailable.
+Occasionally, we may associate or contract with third parties in order to better serve you, for example, to fulfill your online order, or provide you with requested information or email updates, to collect your voluntarily provided feedback. Those sites will either follow our privacy policy or display their own. Except for the foregoing exceptions and for authorized government law enforcement activities, the Library does not provide personal information to outside organizations without first obtaining your permission.
+Occasionally, we work with third parties to provide a better user experience, such as for fulfilling online orders, emailing updates or collecting voluntarily-provided feedback. These third-party sites will either follow our privacy policy, or prominently display their own. Other than these exceptions, and for authorized government law enforcement activities, we do not provide personal information to outside organizations without first obtaining the user's consent.
 ### Children's Privacy Policy
+Children are naturally curious about our world and the Library considers it part of its mission to reach out to them in creative and educational ways that protect their privacy. Certain Library websites offer educational content to children under 13 and this privacy policy, which complies with COPPA (the Children's Online Privacy Protection Act), will be available at these sites by a link.
+Part of the Library of Congress's mission is reaching out to children in creative and educationally beneficial ways while still protecting their privacy. Our websites offering educational content to children under the age of 13 have links to their own privacy policies that comply with the Children's Online Privacy Protection Act (COPPA).
+Some of these sites provide games and activities, and occasionally, we collect personally identifiable information in order to complete the one-time game or activity. We do not use the information for any other purpose and delete the information as soon as practical. For example, in our _Lifelong Literacy_ area, children can create an online picture postcard and email it to a friend. In order to send the online postcard, we need both email addresses as well as the child's first name so that the recipient will know who sent the card. This information is not retained. If the child chooses to post the online postcard in our gallery, we will not post any personally identifying information.
+Some websites may include games or activities that require personally identifiable information. We do not use the information for any purpose other than the game or activity, and delete the information as soon as practical.
+If we become aware that a child under the age of 13 has made a request for information, for example through our _Ask a Librarian_ forms, we will respond to the request and any identifying information will be deleted once we have responded. Similarly, if we become aware that a child under 13 posted personally identifiable information on any of our websites, we will also delete that information.
+If we become aware that a child under the age of 13 has made a request for information (such as through the _Ask a Librarian_ service), we will respond to the request and then delete any identifying information. Similarly, if we learn that a child under 13 has posted personally identifiable information on any of our websites, we will delete the information.
 The Library will disclose information about a child under the age of 13 if it is necessary to protect the child or the site itself, or to respond to law enforcement.
+We take children's privacy very seriously, and encourage parents to contact us with any questions or concerns they may have via the web form at [www.loc.gov/contact/web-site-comments/](https://loc.gov/contact/web-site-comments/). Additionally, if parents want us to delete any collected personally identifiable information about their children under the age of 13, they can also contact us at the website address listed above.
+We will disclose information about a child under the age of 13 if it is necessary to protect the child, the website itself, or to respond to a law enforcement inquiry.
+We take children's privacy seriously, and encourage parents to contact us with any questions or concerns via the form at [www.loc.gov/contact/web-site-comments](http://www.loc.gov/contact/web-site-comments). Similarly, parents who would like to notify us of personally identifiable information collected from a child under the age of 13 that should be deleted should contact us at the above address.
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 ## Linking to the Library's Website
+As a publicly supported U.S. Government institution, the Library generally does not own rights in its collections and what is posted on its website. Therefore, it does not charge permission fees for use of such material and generally does not grant or deny permission to publish or otherwise distribute material on its website. However, the Library requests that your link to the Library's website be presented in a manner that does not give the impression that the Library is making an express or implied endorsement of any good or service provided on your website and that the link is presented in a manner that clearly indicates that the user is leaving one site and accessing another.
+The Library of Congress generally does not own rights to items in the collections, or what is posted on the websites. We do not charge permission fees for using materials, and generally do not grant or deny permission to publish or distribute materials. However, we request that anyone linking to Library of Congress websites present the link in a manner that does not imply that the Library is making an express or implied endorsement of any good or service provided, and that the link clearly indicates that the user is leaving one site and going to another.
 ## About Our Web Surveys
+The Library uses various types of online forms and surveys to collect opinions and feedback from a random sample of visitors. Primarily, the Library uses the ForeSee Results' American Customer Satisfaction Index (ACSI) online survey on an ongoing basis to obtain feedback and data on visitors' satisfaction with various Library of Congress web properties. The ACSI survey invitation pops up for a random sample of visitors; it is voluntary and does not collect personal information. The Library may also use other third party forms and surveys allowing you to provide feedback. All information you submit is voluntary.
+The Library of Congress uses various types of online forms, including third-party forms and surveys, to collect opinions and feedback. Submitting information is voluntary.
+If you are randomly selected, a pop-up window will lead to the survey. The survey uses a [persistent "cookie"]() to recognize that you have been invited to complete the survey and block subsequent prompts. If you have set up your Internet browser to ignore or disable pop-ups, you will not be able to be randomly selected for the survey. If you have disabled JavaScript in your browser, but are interested in responding to our survey if randomly selected, you will want to enable JavaScript and reload the website now.
+We appreciate all comments and feedback from our visitors.
+If you get the survey pop-up request, please consider completing it for us. Thank you for your time and comments.
+September 14, 2015
+_August 11, 2014_
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