Creations of the Mind California State Parks Intellectual Property Handbook

Creations of the Mind:

California State Parks Intellectual Property Handbook

Creations of the Mind:

California State Parks

Intellectual Property Handbook

2010

California State Parks Intellectual Property Handbook

The illustrations used in this handbook belong to the Dover Electronic Pictorial Design

DeskGallery Collection allows for use of its designs and illustrations “free and without

special permission” provided no more than ten are used in the same publication or

product.

Questions about this handbook should be directed to:

Interpretation and Education Division

California State Parks

PO Box 942896, Sacramento CA 94296-0001

(916) 654-2249

[email protected]

Table of Contents

What is Intellectual Property? .................................................. 1

General Policies Related to Intellectual Property ....................................... 2

A Brief History of Intellectual Property ...................................... 3

United States Copyright Laws................................................................ 4

Copyrights and Trademarks ..................................................... 5

What is a Copyright? ........................................................................... 5

Works Protected by Copyright .............................................................. 5

Works Not Protected by Copyright ......................................................... 6

What is a Trademark?.......................................................................... 6

Trademark Ownership........................................................................ 7

Department-Owned Intellectual Property ................................................ 7

Trademark Registration.....................................................................10

Notice of Copyright and Trademark ...................................................... 11

Notice of Copyright..........................................................................11

Notice of Trademark ........................................................................11

License Agreements for Department-Owned Intellectual Property.... 13

Trademark Licenses.......................................................................... 14

Reproduction and License Fees ........................................................... 15

A Word about Media Use .................................................................... 15

Use of Intellectual Property Not Owned by the Department............ 16

Credit for Use of Intellectual Property................................................... 18

Copy Equipment Posting .................................................................... 18

iii

California State Parks Intellectual Property Handbook

A Word about “Public Performance”..................................................... 18

Public Domain .................................................................... 20

When Works Pass Into the Public Domain ................................................. 21

Fair Use ............................................................................ 22

Educational Use ............................................................................... 23

Researching Intellectual Property Ownership.............................. 24

Why It Is Necessary to Determine Ownership .......................................... 24

How to Determine the Status and Ownership of a Work ............................. 24

Good Faith Effort ............................................................................25

Appendix A: Definitions......................................................... 26

Appendix B: Contact Information ............................................. 28

Appendix C: Process Flowcharts .............................................. 29

External Use of Intellectual Property Owned by the Department ................. 30

Department Use of Intellectual Property Owned by an External Source ......... 31

Appendix D: Department Intellectual Property Policies ................. 32

Appendix E: Visual Media and Photograph Documentation .............. 43

Visual Media Consent Form (DPR 993) ................................................... 43

Photograph Documentation ................................................................ 44

Policy ..........................................................................................44

Photo Documentation Numbering ......................................................... 44

Appendix F: Commercial Photography and Filming in Parks ............ 46

Definition of Commercial Filming ......................................................... 46

Documentary Photography .................................................................46

Public Service Announcements ............................................................ 46

Student Photography ........................................................................46

Commercial Still Photography .............................................................47

Commercial Motion Picture, Video and Television Photography .....................47

Photography That Does Not Require a Permit.......................................... 47

Personal Photography .......................................................................47

News Media Photography ...................................................................47

California State Parks Intellectual Property Handbook

Appendix G: Museum Collections ............................................. 49

Legal Title...................................................................................... 49

Intellectual Property Rights ................................................................ 50

Study Copies ................................................................................... 50

Licensing Department-Owned Intellectual Property Associated With Museum

Objects.......................................................................................... 50

Site-Specific Policies and Procedures .................................................... 51

Appendix H: Sample Forms .................................................... 52

Appendix I: Sample Text........................................................ 60

Appendix J: Sample Copy Equipment Posting .............................. 62

Appendix K: Resources.......................................................... 64

Books ............................................................................................ 64

Websites ........................................................................................ 65

What is Intellectual Property?

The term “intellectual property rights”

refers to the legal rights extended to

creations of the mind and can arise in

connection with a variety of fields, including

scientific, industrial, literary, artistic and

commercial endeavors. Intellectual property

is any product of the human intellect that is

unique, novel, unobvious and fixed in a

tangible form. Examples of intellectual

property include, but are not limited to, an

expression or creation such as writing,

artwork, photographs, articles, brochures,

reports, logos, videos, and music, or a name

or slogan such as park names, our

department name, or a department tagline.

Intellectual property rights are not predicated on or affected by the medium in which

the intellectual property is being used. That is, there is no legal difference or

distinction between intellectual property used in a publication, in an exhibit, in a

video, in a presentation, or on the Internet. The same laws apply in all cases. So even

if something may exist only in electronic format (such as in a presentation or on the

Internet) rather than in “hard copy,” intellectual property laws and Department

policies about intellectual property must be followed.

It is important to note that intellectual property rights exist completely separately

and apart from issues related to physical property rights. Simply because someone

may own a painting, for example,

does not mean he or she owns the

intellectual property associated

with that painting. Another way to

think about this would be in relation

to any books or videos individuals

may purchase—they own the actual

book or video they bought (the

physical property), but not the

intellectual property associated

with that item.

California State Parks Intellectual Property Handbook

General Policies Related to Intellectual Property

As stated in California State Parks’ Department Operations Manual (DOM) Chapter

0900, Interpretation and Education, it is the policy of the Department to:

¾ Protect its intellectual property rights by properly documenting and, when

appropriate, formally registering intellectual property created or acquired by the

Department.

¾ Protect its intellectual property against unauthorized use, whether intentional or

unintentional, by individuals or organizations, to the extent practicable.

¾ Obtain ownership or appropriate license rights to intellectual property created

pursuant to contracts between the Department and external entities.

¾ Grant licenses for use of material copyrighted by the Department when it furthers

the mission and goals of the Department and benefits the public. Copyright

licensing should be consistent with providing maximum protection of the integrity

of the copyrighted material while allowing public access and use under the

appropriate conditions.

¾ Grant licenses for use of the Department’s trademarks only when appropriate to

promote the public’s recognition of products and services associated with the

Department, and increase the

Department’s visibility while also

protecting the integrity of the

Department, its goals and mission.

¾ Avoid infringing on intellectual property

rights owned by others. The Department

should use its best efforts to document

ownership of copyrights in connection

with materials in the Department’s

possession, and seek permission for use

of material for which the Department

does not own the copyright when

required by applicable laws.

¾ Require that any person or entity using

copyrighted material obtained from the

Department take full responsibility for

avoiding any infringement resulting

from that use. Where the Department

does not own the copyright for the

material it provides, the Department

should notify the prospective user and it

will be the user’s responsibility to

obtain a license from the appropriate

source.

hat does it all come down to?

Simply put, we will:

• Protect our intellectual property; and

• Avoid infringing on the intellectual

property rights of others.

The rest of this handbook will help you

in carrying out these policies.

A Brief History of Intellectual Property

The concept of “intellectual property” has been around for centuries, but the term

has been in use only since the 1980s. Traditionally, intellectual property has been

divided into two branches—“industrial property” that is protected through patents

and trademarks, and “copyrights.”

The concept of copyright, or authorship, of a created work dates back to ancient

times when scholars of ancient Greece and the Roman Empire were the first to be

concerned about being recognized as the authors of their works. However, it was not

until the late fifteenth century that the invention of the printing press prompted the

establishment of a form of copyright protection for printed works.

Printing with movable type began in 1451 in

Germany and was introduced in England

about 1476. As the number of printers in

England increased, royalty and the

government recognized the threat that

printing, unless controlled, presented to

their rule. They began to regulate the book

trade by rewarding favored individuals with

exclusive monopolies over printing. The

Licensing Act of 1662, which established a

copy of the published book to be licensed,

granted a charter to the Stationers Company, a guild of printers, with the right to

seize books suspected of containing material hostile to the church or government and

take legal action against the publishers. Although the Licensing Act was repealed in

1681, members of the guild continued to maintain that the printer of an authorized

book had the right to profit from its distribution forever.

In 1709 the passage of the Statute of Anne upset the monopoly held by printers on

published works by recognizing the rights of the author. The Statute of Anne was the

first copyright act to address the issue of the author as the owner of the copyright

and to establish a fixed term of 14 years for the protection of published works.

Authors had the option of extending the copyright for another 14 years after its

expiration. These concepts would form the basis for modern copyright law in the

United States.

WIPO Intellectual Property Handbook: Policy, Law and Use. Publication No.489 (E) (Geneva: World

Intellectual Property Organization, 2004), 3.

United Kingdom Patent Office, “Intellectual Property: A History of Copyright,” www.intellectual

property.gov.uk/std/resources/copyright/history.htm.

California State Parks Intellectual Property Handbook

United States Copyright Laws

The United States government has been concerned with the issue of protection of

intellectual properties since the drafting of the constitution. On August 18, 1787,

James Madison submitted a provision to the framers of the constitution to “secure to

literary authors their copyrights for a limited time.”

This provision, along with one

establishing patent laws, was incorporated in Article 1, Section 8 of the constitution,

giving Congress power “To promote the progress of science and useful arts, by

securing for limited times to authors and inventors the exclusive right to their

respective writings and discoveries.”

Almost as soon as the Constitution was ratified, legislators proceeded to establish a

patent law to protect monopolies on inventions. On April 10, 1790, the first patent

law was enacted. In 1836 Congress created the U.S. Patent Office (now the U.S.

Patent and Trademark Office) and established the basic principles of patent law.

Under American patent law any process or device may be patented if it is novel and

useful and if plans and a working model are supplied. Revisions to the patent law

were incorporated in 1870 and 1952. The 1952 Patent Act established the current

patent and trademark laws.

Under the new U.S. Constitution the first copyright law was not enacted until May 31,

1790, providing protection for books, maps and charts. The law granted authors

another 14 years. Copyright registration was made in the U.S. District Court where the

owner resided.

The copyright law has undergone several revisions over the decades, extending the

terms of copyrights and expanding the types of protected works. Despite these

amendments, the requirement remained that a published work have a copyright

notice visible in a specified place or it would fall into the public domain. For

unpublished works, the copyright continued to be automatic and perpetual. The

signing of the 1976 Copyright Law by President Gerald Ford altered these provisions

by protecting a creator’s rights to his work, whether it is published or unpublished,

for a duration of the life of the owner plus 50 years, regardless of whether the proper

notice is affixed. Other provisions adopted at that time and since then have further

modernized the law.

United States Copyright Office, Information Circular 1a “United States Copyright Office: a Brief

Introduction and History,” www.copyright.gov/circs/circ1a.html.

“A Brief Overview & History of Intellectual Property Law,”

www.cs.virginia.edu/~jones/tmp352/projects98/group5/History.html.

Copyrights and Trademarks

What is a Copyright?

U.S. Code) to authors of "original works of authorship," including literary, dramatic,

musical, artistic and certain other intellectual works. To be copyrightable, the work

must be an original work of authorship that contains some creativity. Copyright

protection is available to both

published and unpublished

works. Section 106 of the 1976

owner of copyright the exclusive

right to reproduce and prepare

derivative works from,

distribute, publicly perform or

publicly display, the copyrighted

work and to authorize others to

do any of these things.

Works Protected by

Types of copyrighted

works owned or used by

expression of an idea, but not

the idea itself. Examples of

types of works that are

protected by copyright include:

the Department:

y brochures y reports

y plans y music

y exhibits y illustrations

¾ literary works

y books y video footage

¾ photographs, motion

pictures and other

audiovisual works

y webpages y photographs

y maps y interviews

y text y newsletters

¾ pictorial, graphic and

sculptural works

y architectural drawings

y and more . . .

¾ architectural and

cartographic works

¾ choreographic works

¾ dramatic works, including

any music

¾ musical works, including

any accompanying words

¾ sound recordings

California State Parks Intellectual Property Handbook

Artistic craftsmanship such as jewelry, toys, fabric designs, furnishings and

architectural elements may be protected, but only to the extent that they are not

utilitarian.

Works Not Protected by Copyright

Works that have not been created in a tangible form of expression are not protected

by copyright. For example, the idea to create a photograph of a landscape is not

eligible for copyright, but once the photograph has been created (after the

photographer snaps the shutter) the owner of the copyright can control certain uses

of the photograph. Examples of types of work that are not protected by copyright:

¾ Titles, names, expressions, slogans, familiar symbols or designs, fonts, listings

of ingredients

¾ Ideas, procedures, methods, systems, processes, concepts, principles

¾ Works that consist entirely of common or standard information (e.g.,

calendars, units of measure, height and weight charts, lists or tables taken

from public documents)

What is a Trademark?

A trademark can be any word, name,

symbol or device, or a combination of

these, that is used in commerce to

identify and distinguish the goods of

one source from those of another.

Logos, business names and taglines are

all examples of trademarks. (A service

mark is the same as a trademark

except that it identifies and

distinguishes the source of a service

rather than goods. The term

“trademark” is commonly used to

include service marks.)

A trademark symbolizes the quality,

reputation and good will of the owner

of the trademark. A trademark must be

distinctive and used as such by its

owner. If the public is continuously

allowed to refer to a product

generically without objection from the

trademark owner, rather than to

identify the source of the product or

service, the trademark may eventually

be lost because it has become too

Types of trademarks owned

or used by the Department:

y Department and park names

y Logos

y Taglines

y External entity names

California State Parks Intellectual Property Handbook

generic. A trademark may also be weakened by overuse or use on inferior products.

To avoid this, the owner of a trademark should actively monitor how the trademark is

used and should not allow others to use the mark unless they have been granted a

license from the owner.

Like copyright, trademark rights can exist without formal registration. However, state

and/or federal registration of a trademark formalizes the validity of the registered

mark, the registrant’s ownership of the mark, and the registrant’s exclusive right to

use the registered mark. Both state and federal registration also carry procedural and

monetary advantages in the event of infringement.

A copyright is usually owned by the author(s) or creator(s) immediately upon creation

of a work because copyrights now attach to a qualifying work automatically under the

law, without the requirement of registration. However, when an employee creates a

product in the scope of his/her employment, the product is a work made for hire and

the copyright is owned by the employer absent a written agreement that specifies

otherwise. (See the Department-Owned Intellectual Property section below for more

information about how the work made for hire issue applies to Department property.)

Ownership of a copyright is separate from ownership of a physical object that is the

subject of a copyright. A copyright owner may license or transfer the rights granted

by copyright. It is important to note that ownership of the work does not

automatically control ownership of all copyrights. The transfer of ownership of any

work does not in itself convey any rights in the copyright.

Trademark Ownership

Trademark rights are acquired when a mark is used on specific goods or services in

commerce. In general, the first user has a superior right to later users, but use of the

mark must be continuous. Registration is not required for ownership, but registration

is evidence of the validity and priority of ownership and may also provide the benefit

of protecting the mark in a greater geographical area.

Department-Owned Intellectual Property

Generally, the department owns the rights to all intellectual property created by

employees in the scope of their employment; by volunteers who create property on

volunteer time and have a current, signed Volunteer Service Agreement in place; by

contractors; and by cooperating associations. In these instances, the product is

considered a work made for hire and the intellectual property is owned by the

Department unless there is a separate written agreement that specifies otherwise.

by the Department?

Who creates IP owned

California State Parks Intellectual Property Handbook

The Department may also come into ownership of intellectual property as a result of

it being given to us through use of the Copyright Assignment form (DPR 992B). For

information about using this form to allow someone to turn over intellectual property

rights to the Department, see pages 17-18.

Employees

The Department generally owns the intellectual property rights to works created by

its employees within the scope of their employment (some factors to consider when

determining ownership include whether the works were created during work time

and/or using state resources). Employees seeking to retain ownership of intellectual

property created on their own time, using their own equipment, and through no

special access must follow all rules and regulations required of any member of the

general public (e.g., obtain the necessary permit from the California Film Commission

for filming and commercial photography on State property). Additionally, employees

must ensure they meet the criteria contained in the Department’s Conflict of Interest

and Incompatible Activities policies (see Department Administrative Manual Chapters

0200, Incompatible Activities, and 1500, Labor Relations.)

Volunteers

Volunteers usually sign an agreement

giving the Department ownership of

intellectual property they create within

the scope of their volunteer duties. The

Department does not claim an ownership

interest in works created outside these

volunteer duties and/or hours. To ensure

that the Department owns the copyrights

to materials that it intends to rely on,

districts should be consistent in requiring

all long-term volunteers to sign such an

agreement. (The Department Volunteer

Services Agreement has a boilerplate

provision covering intellectual property;

if the language in this agreement is

amended, it must be approved by the

Chief of the Interpretation and Education

Division.)

Independent Contractors

Certain types of works created by

independent contractors may be

considered works for hire, and the party

contracting for the work owns the

intellectual property rights if there is an

express written agreement that the work

is intended to be a work for hire. Thus,

y Employees

y Volunteers

y Independent contractors

y Cooperating associations

AND

y Individuals and organizations who

transfer ownership rights to us

California State Parks Intellectual Property Handbook

whenever the Department enters into a contract that involves an outside party’s

production of any kind of creative work for the Department, the contract should

include an express agreement that the works are intended to be works for hire and

that the Department will be the owner of the intellectual property rights associated

with those works, both the completed product and any drafts or working materials.

This language appears in the Department's standard services agreement. An

assignment of copyright interests by the contractor to the Department may also be

necessary depending on the nature of the work and the language in the contract. (See

further discussion regarding copyright assignment below.) If a contractor requests to

use either completed products or drafts or working materials in the future (such as for

advertising or other promotional purposes), the Department may grant them license

to do so by using a copyright license agreement (DPR 990 or 990A).

It is extremely important to thoroughly consider how a product or work will be used in

order to ensure you have the needed rights to use the product as you intend to, or

envision you might in the future. This is especially true in relation to items that might

be sold, such as videos, and to all the underlying intellectual property that makes up

such items (that is, you must ensure that all the intellectual property that is included

in a larger work carries with it the right to sell the work).

Cooperating Associations

Under the standard cooperating association contract language, intellectual property

created by a cooperating association is the property of the Department unless there is

a separate written agreement that specifies otherwise. This protects the

Department’s ability to use and reproduce the intellectual property in the future in

spite of any termination of the cooperating association or its relationship with the

Department. Any changes to the cooperating association standard contract language

in relation to intellectual property rights must be approved by the Department’s Legal

Office. In special situations where an item of intellectual property is to be owned by a

cooperating association and the Department wants to have the ability to use the

work, the Department shall strive to obtain a license from the association for the

Department’s convenient use of the material.

Credits for Department-Owned Intellectual Property

Listing credits for Department-owned intellectual property created by employees,

volunteers or contractors shall be determined by the applicable District

Superintendent or Division Chief. Issues that should be taken into consideration

include whether there is a clear author or creator of the intellectual property (as

opposed to a team of people), whether space allows for credits given the nature of

the product in question, and whether the location of credits will affect the overall

design and appeal of the product.

California State Parks Intellectual Property Handbook

The moment a copyrightable work is created in a tangible form it is automatically

eligible for federal copyright protection. Formal registration of copyrights with the

federal government is not required, but it can provide procedural and monetary

advantages in the event of infringement, and registration is required for enforcement.

Consider registration for those items you have reason to believe may be susceptible to

infringement.

Registration requires filing of an application form, payment of a fee and a deposit of

the work, submitted to the United States Copyright Office in Washington, D.C. The

forms and fee are subject to change. Updated information can be verified at the

Department, contact the Department’s Legal Office for assistance. Copyright

registration is necessary prior to the filing of an infringement suit.

Remember, ownership of a work does not give the possessor the copyright. The

from the conveyance of related copyrights. A specific statement as to the transfer of

partial or entire copyrights must be stated in writing. This can be done by license or

assignment, as more fully discussed later in this handbook.

Trademark Registration

Trademarks may be registered in California with the Secretary of State, and/or

federally registered with the U.S. Patent and Trademark Office. State registration

protects the mark in California. Federal registration offers nationwide protection. In

general, in order to register a trademark you will need to provide the date of first

use, the date of first use in commerce, samples of use in each category of goods or

services and filing fees. Federal trademark applications may also be submitted as

“Intent to Use” applications where the mark is not yet in use.

In addition to the logo, the Department has registered a number of trademarks

(including, but not limited to the names Asilomar

, Hearst Castle

, Anza-Borrego

Desert State Park

, California Escapes

and FamCamp

and the logos for the Junior

Ranger Program and the Children in Nature Initiative). Registration is recommended

for names and logos the use of which the Department may want to control or protect

so they are not trademarked by another entity (for example, in connection with

concession opportunities). To register a trademark, contact the Department’s Legal

Office. Be aware, however, that when a trademark is registered, the Department will

be required to formally license its use by external entities. The District or Division

who manages the program or property associated with the trademark will be

responsible for that licensing.

Bet you didn't know . . .

California State Parks Intellectual Property Handbook

Notice of Copyright and Trademark

Notice of Copyright

The use of a copyright notice is no longer required under U.S. law, although it is often

beneficial. Notice was required under the 1976 Copyright Act. This requirement was

eliminated when the United States adhered to the Berne Convention, effective March

1, 1989. Although it is no longer legally required, use of the notice is important

because it informs the public that the work is protected by copyright, identifies the

To protect a copyright, notice of copyright should be placed on publicly distributed or

must include the

followed by year of first

From the moment it was released, the movie Night of the

Living Dead (1968) has been in the public domain. The

reason: The theatrical distributor neglected to include a

notice of copyright on the released print, which was

required at that time. As a result, the movie has been

released on two dozen different DVD labels, has been

colorized and parodied, and is Internet Archives' second

most downloaded film. The law has since been changed,

and notice isn't required in order to secure copyright

(although it is a Department policy to include it on our

materials).

publication and the

name of the copyright

owner (and the month

and year of last revision

if applicable). For

California State Parks

(rev. 2004). In lieu of

using the copyright

symbol (©) the word

“Copyright” or the

reason for not using the copyright symbol.

The copyright notice is not required for individual items of intellectual property that

are included in a larger product (publication, exhibit, video, for example) that

contains the notice that the copyright to the larger product is owned by the

Department. So, for example, if a photograph owned by the Department is used in a

publication owned by the Department, that photograph does not need to carry a

Notice of Trademark

When trademarks registered with the U.S. Patent and Trademark Office are used in a

publication, video, exhibit, etc., they should be accompanied by the registration

symbol (®). The purpose of the symbol is to give notice of the mark’s federal

registration and to inform unlicensed users that they may be infringing on the

displayed copyrighted

material. This notice

abbreviation “Copr.”

may also be used, but

only if there is a good

California State Parks Intellectual Property Handbook

Department’s trademark rights. Alternatively, if the registration symbol is not used at

all (for design reasons, for example), a statement that the name or design is a

registered trademark of the California Department of Parks and Recreation,

registered with the U.S. Patent and Trademark Office, may be used somewhere on

the material (for example, on copyright page, on credits screen, at bottom of panel)

to provide notice of registration.

Because the Department logo is a trademark registered with the U.S. Patent and

Trademark Office, the registration symbol must be used in connection with each use

of the logo unless it is infeasible from a design or fabrication standpoint (such as for

patches or decals). For trademarked names, however, it is not necessary to use the

symbol with every subsequent use of the trademarked name in/on the same material

once the name has initially appeared with the symbol (or, as stated above, a

statement is made somewhere in the material that the name is a registered

trademark).

The

symbol can and should

be used to designate

trademarks that are not yet

federally registered but are in

the process of being registered.

In general, trademarks arise by

use. Inclusion of the

designation in connection with

the use of the mark indicates

an intent to claim trademark

rights.

The pending registration symbol (

) was used

with the Junior Ranger program logo until its

registration was completed—which is why the

symbol was then replaced with the registered

trademark symbol (®).

License Agreements for Department-Owned

Intellectual Property

License agreements grant permission to use materials protected under intellectual

property laws and also specify the limitations and conditions that are placed on the

permitted use. It is important to record and track licensed rights issued by and/or to

the Department in order to be able to lawfully use materials, to control unacceptable

uses of Department-owned materials, to minimize potential liability, to avoid granting

conflicting rights, and to avoid violating restrictions in gift and donor agreements.

Trademarks and copyrights can be licensed for use by non-Departmental persons or

entities. Use of Departmental intellectual property displayed on a website or any

other electronic medium is subject to the same licensing requirements as all other

intellectual property.

The creation of license agreements for use of materials by outside entities is the

responsibility of the division, district, sector, unit or office that maintains the specific

item of intellectual property being requested.

A sample copyright license agreement is available in forms DPR 990 and 990A (see

sample forms in Appendix H). The DPR 990 form is for material that will be used in a

film or video production. The DPR 990A form is for material that will be used in any

other medium. These forms were written to give the Department maximum control

over our intellectual property and to give the licensee minimal rights. For this reason,

a licensee may request that the standard language on the forms be changed.

If the standard language in any of these forms is changed in order to allow for a

different use than the standard language allows, the customized form must be

reviewed and approved by the Department’s Legal Office prior to signing. Alternate

forms provided by an outside entity may not be used nor signed by the Department

unless they have been reviewed and approved by the Legal Office.

her designee and kept in a file pertaining to the material being licensed. A copy of

each agreement must also be sent to the Interpretation and Education Division for

filing.

California State Parks Intellectual Property Handbook

On copyright license agreement forms, the Department needs to identify, as

specifically as possible:

¾ The “material” being licensed: If licensing a photograph or piece of artwork,

it is ideal to attach an image of the material. Attach a list if there are a

number of items and they won’t all fit in the space provided on the form.

(Always refer to attachments on the form itself, however.)

¾ The product in which the material will be used: For the DPR 990 form (which

is specifically for licensing material to be used in film or video productions),

this section may indicate if the product will be online, on DVD, in a motion

picture production, or for broadcast television. For the 990A form, this section

may indicate if the material will be used in a publication, on a website, or in

some other medium (and it should name the publication, list the website

address, or include other information to further identify and describe where

the material will be used). For both forms, this section can be written to limit

use of the material to a specific time period, a certain number of copies, or,

for a publication, to an edition or print run. This section may also indicate if

the material is going to be used in a product that will be sold to the public.

¾ The credit line that should be used with the material: Generally, the credit

line will be as follows: © [year of production] California State Parks (e.g., ©

1998 California State Parks). However, if the material being provided is in the

public domain, the credit line would instead be: Courtesy California State

Parks.

¾ If any review and approval is required by the Department: If you decide to

require review and approval of use, be sure to specify who will be the contact

for this and provide that person or division's contact information.

¾ If any copies of the product in which the material is used will be provided to

the Department: If copies are being provided, specify how many copies and

where they should be sent.

¾ Any license or reproduction fees that will be charged for the material: See

Reproduction and License Fees section below.

Tr a d e m a r k L i c e n s e s

Districts and other Department offices should not grant trademark licenses without

first consulting with the Legal Office. For use of the Department logo, all external

entities must obtain written permission from the Chief of the Interpretation and

Education Division, documented by an appropriate license agreement, unless the

license is being granted as part of a contract that includes the Department’s standard

boilerplate language for logo/trademark use, such as the standard Cooperating

California State Parks Intellectual Property Handbook

Association contract or Concessions contract. Copies of all trademark licenses and

contracts/agreements with language that licenses use of Department trademarks must

be sent to the Interpretation and Education Division for filing.

Reproduction and License Fees

The Department may charge reproduction fees and license fees for use of its

intellectual property by outside entities. When the licensee has made some

contribution towards the creation of the intellectual property, the Department does

not normally charge license fees. Be aware the Department must be able to document

how it arrived at a specified reproduction or license fee based on staff time and

equipment resources required. An office interested in charging reproduction or

license fees should first consult with the Legal Office, and it is best to do this early on

so there is a standard in place when requests are made.

A Word about Media Use

The media is entitled to use “brief

quotations” of copyrighted works, without

obtaining a license, in connection with news

reports. Also, “incidental and fortuitous” use

of a copyrighted work or trademark that just

happens to be located in the scene of an

event being reported for broadcast does not

require a license. Media requesting more

extensive rights should comply with the

guidelines above.

Use of Intellectual Property Not Owned by

the Department

The Department often uses intellectual property owned by external entities (e.g.,

photographs, illustrations, maps, music, video and film footage). In order to do so,

the Department must secure written permission to use the material from the

individual or organization/agency that owns the intellectual property rights to the

material. (See pages 25 and 53 for information on how to request such permission.)

In some cases, it may not be possible to secure permission for use due to an inability

to locate or determine the owner of the material. If this is the case, a thorough

search must be conducted using all available sources of information (Internet,

libraries and repositories, word of mouth, etc.). Written documentation of the

research conducted in trying to locate or determine the owner must be retained with

the files for the project where the material is to be used. See further discussion

below regarding Researching Intellectual Property Ownership.

Employees and volunteers who have created intellectual property on their own time,

using their own equipment, and requiring no special access to locations, resources, or

facilities, may license material for use by the Department. In such instances, a

written license agreement must be executed, and credit given as specified in the

policies below.

DPR 992A is a Copyright License Agreement, which is used for material the

Department would like to use but for which the copyright would be retained by the

Appendix H for samples of these forms.) Forms supplied by the intellectual property

owner are also acceptable, but should be reviewed by the Legal Office if they contain

any requirements that cause concern, such as indemnification language.

Use the DPR 992A form when the Department wants to use material copyrighted to

another entity. This form is intentionally written so as to allow for the broadest use

possible by the Department. For this reason, copyright owners will often want to

change the standard language on the form to more specifically define how or when

the material may be used. In these instances, there is no requirement to consult with

the Legal Office, unless the copyright owner wishes to add language that is unclear to

California State Parks Intellectual Property Handbook

you or causes you concern. If you are unsure, err on the side of caution and prepare a

Legal Services Request before signing the form. Changes made to this form may be

made by the Department to the Excel document itself or may be handwritten by

either the Department or the copyright owner. Forms supplied by the copyright owner

are acceptable in lieu of using the DPR 992A form, but consult with the Legal Office if

there is language that is unclear to you or causes you concern.

This form is fairly self-explanatory in terms of how it should be completed, but be

aware that “N/A” should be used in the area for Copyright Registration Number if the

material has not been formally registered with the federal government, which will

usually be the case. Additionally, you may delete or strike through the statement “a

copy of which is attached hereto as Exhibit A” if the license is for a material that does

not lend itself to attachment, such as for music or video footage.

It is best, but not required, to have the copyright owner sign the form first, then a

representative of the Department. The form should be signed by a supervisor, at a

level appropriate to the project or publication in which the material being licensed

will be used. After signing, send a copy of the form to the licensor along with a letter

explaining any important requirements or clauses of the agreement and giving your

contact information. Copyright License Agreement forms shall be kept in a permanent

file for the project or publication in which the material being licensed was used.

Use the DPR 992B form when the copyright owner is going to turn over ownership of

the material to the Department entirely. Do not, however, use this form for gifts or

donations of material that would fall under the definition of museum collections.

Instead, refer to the Museum Collections Management policies in the Department

Operations Manual. Because this form is intended to entirely transfer ownership rights

to the Department, if the copyright owner wishes to change the language in the form,

it should be reviewed by the Legal Office prior to signing to ensure there are no

unnecessary limitations put in place by the changes. For this same reason, if the

reviewed by the Legal Office to ensure the Department’s ownership and use is not

limited by it.

Like the 992A form, this form is fairly self-explanatory in terms of how it should be

completed. If the material has not been formally registered with the federal

government, use N/A in the area for Copyright Registration Number. If the material

has been registered, however, you should work with the Legal Office to have the

registration transferred over to the Department.

Have the copyright owner sign the form first, and then it should be signed by an

appropriate level supervisor with the Department. After signing, send a copy of the

form to the assignor along with a letter giving your contact information. Copyright

Assignments shall be filed with the material being transferred to the Department.

California State Parks Intellectual Property Handbook

Credit for Use of Intellectual Property

Credit must be given, if requested, for use of intellectual property owned by external

entities. Usually the owner of the property will specify the language to be used—

generally, either “Courtesy of [name of owner]” or “© [date of creation, if provided

and applicable] [name of owner]” or “[Name of material] is a formally registered

trademark of [name of owner.” Ordinarily such language is used next to or below the

material being used (such as for a photograph) or is listed on a copyright page, credit

screen of a video, or bottom of an interpretive panel.

In relation to listing the name of the property owner, be aware this may be either an

individual’s personal name, or the name of a business, organization, or agency.

However, additional information such as logos and website addresses (unless the

website address is itself the name of the business) shall not be included.

For information on providing credit for creators of Department-owned intellectual

property, see page 9.

Copy Equipment Posting

In accordance with the American Library Association’s recommendation, the following

language is required to be posted at all copy equipment throughout the Department:

“the copyright law of the United States (Title 17 U.S. Code) governs the making of

photocopies or other reproductions of copyrighted material. The person using this

material is liable for any infringement.” A sample suitable for posting is available in

Appendix J of this handbook.

A Word about “Public Performance”

Videos (in any format) and music (both the composition of a song as well as its

performance and/or recording) are copyrightable works and therefore the playing of

videos and music in state parks falls within applicable intellectual property laws.

Generally a license or permission for performance should be obtained from the

Code, § 110). This means that you should consider obtaining permission or license to

perform or display a copyrighted work prior to authorizing a “public performance” of

it.

There are some exceptions or limitations on copyright protection that allow for public

performance of copyrighted works without a license under limited circumstances.

These include, for example, use in conjunction with an educational setting—however,

be wary of solely relying on this limitation in relation to programs being presented in

state parks. It is always better to at least attempt to contact the copyright owner and

California State Parks Intellectual Property Handbook

obtain permission rather than making the assumption that your program constitutes

an “educational setting” under the law. (See chapter on Fair Use later in this

handbook.)

Recorded music played in parks generally would require a license from the owner

unless at least one of the following criteria is met:

¾ The music is being played on a single receiving apparatus commonly found in

private homes (i.e., a device that was not designed for commercial use); OR

¾ The music is being played in a space less than 2,000 square feet; OR

¾ The music is being played in a room (of more than 2,000 square feet) that has

no more than four speakers.

Live music performances are exempted under copyright law

when all of the following three conditions are met:

¾ There is no fee paid to the promoters, performers or

organizers of the event; AND

¾ There is no direct or indirect admission fee charged,

or all proceeds from admission fees, after expenses

are paid, must be used for charitable or educational

purposes; AND

¾ The copyright owner has not served the performing

entity with a notice of objection.

Even if the Department does not directly sponsor an event

where public performance of music occurs (or of any other

copyrightable work, such as a play or a dance composition), the Department may still

be liable for copyright infringement. Because of this liability, special event permits

should be specific in relation to licensing requirements and include hold harmless and

indemnity provisions. The following language may be therefore applicable to include

in a special event permit:

"Permittee represents and warrants that it will comply with all applicable laws

and will secure all necessary performance and other licenses required by law in

connection with the permitted event. Permittee further agrees to indemnify,

hold harmless, protect and defend the Department, including attorney’s fees,

in the event of any failure to do so."

For specific advice about public performance issues, contact the Department’s Legal

Office.

Bet you didn't know . . .

Public Domain

The public domain is comprised of works to which no person or other legal entity can

establish or maintain proprietary interests. Works can enter the public domain under

the following circumstances:

¾ Copyright term has expired.

¾ Copyright protection was not renewed under older statutes.

¾ Type of work is not eligible for copyright protection.

Works that are in the public domain are not protected by copyright law and generally

can be used by the public and the Department. However, they may still be controlled

by access agreements. Such agreements may be used by outside entities, such as

libraries and archives, when

the Department requests

copies of materials from

their collections.

Additionally, the

Department may use the

DPR 990 and 990A forms to

control access to items in

the public domain that we

have in our collections,

such as historic

photographs. In these

instances, the form should

specify that credit for the

material be listed as

“Courtesy of California

State Parks” rather than a

references to copyright in

the form language should

be deleted or stricken out.

The now well-known movie It's a Wonderful Life (1946) fell

into the public domain because its owners neglected to

renew their copyright registration. As a result, a movie

that didn't do very well at the box office became a staple

of the winter holiday season—because it could be shown

on television and released on video without having to

obtain or purchase a license. Wonder why you don't see it

so much on TV now? Because in 1993 Republic Pictures

was able to assert its rights based on their ownership of

the movie's story and music, thus enabling them to again

charge royalties for showings of the film.

See the table on the next page to figure out if a work may be in the public domain

based on when it was published or created. The designation of public domain works is

a complex issue. If you have questions regarding this issue contact the Legal Office.

California State Parks Intellectual Property Handbook

When Works Pass Into the Public Domain

DATE OF WORK PROTECTED FROM TERM

Published more than

95 years ago

In public domain None

Published between

95 years ago and

1963

When published with

notice

28 years + could be renewed for 47

years, now extended by 20 years

for a total renewal of 67 years. If

not so renewed, now in public

domain.

Published from

1964-1977

When published with

notice

28 years for first term; automatic

extension of 67 years for second

term

Created before 01

01-1978 but not

published

1-1-78, the effective

date of the 1976 Act

which eliminated

common law copyright

Life + 70 years or to 12-31-2002,

whichever is greater

Created before 01

01-1978 but

published between

then and 12-31-2002

1-1-78, the effective

date of the 1976 Act

which eliminated

common law copyright

Life + 70 years or to 12-31-2047,

whichever is greater

Created 01-01-1978

or after

When work is fixed in

tangible medium of

expression

Life + 70 years (or if work of

corporate authorship, the shorter

of 95 years from publication, or 120

years from creation)

Note: Under the 1909 Act, works published without notice went into the public

domain upon publication. Works published without notice between January 1, 1978,

and March 1, 1989, the effective date of the Berne Convention Implementation Act,

retained copyright only if efforts to correct the accidental omission of notice were

made within five years, such as by placing notice on unsold copies (17 U.S.C. § 405).

Works for hire, anonymous and pseudonymous works also have this term (17 U.S.C. §

302(c)).

Adapted from Lolly Gasaway, “When U.S. Works Pass Into the Public Domain,” University of North

Carolina, [November 2003]

www.unc.edu/~unclng/public-d.htm.

Fair Use

The purpose of the fair use doctrine is to allow limited use of copyrighted material

without requiring prior permission from the copyright holder. The Copyright Act of

1976 does not provide a clear definition of fair use but it does provide examples of

general categories within which the use of copyright protected work may be

considered fair, such as criticism, comment, news reporting, teaching (including one

time multiple copies for classroom use), scholarship or research without an

infringement. These examples are not intended to be exclusive or absolute. Any use

will be examined on a case-by-case basis to determine its fairness.

The following factors are used to determine whether a particular use is considered

“fair use”:

¾ The purpose and character of the use, including whether the use is of a

commercial nature or is for nonprofit educational purposes. The courts will

look at whether the original and the copy serve the same intrinsic purpose.

¾ The nature of the copyrighted work. A higher degree of protection is afforded

for more creative works.

¾ The amount and substantiality of the portion used in relation to the

copyrighted work as a whole. Consideration is given to both the quantity and

quality of the portion of the work used.

¾ The effect of the use upon the potential fair market value of the copyrighted

work. Courts will look at whether the use could impair the market for the

work, whether licenses are available and whether the use is repeated and long

term.

No guidance is given in the statute as to the weight that must be given to each factor.

Thus, the courts have wide discretion, making each case unpredictable. Also, there is

no specific number of words, lines, or notes that may safely be used without

permission. When in doubt, it is always best to seek permission from the copyright

owner for your use where possible.

California State Parks Intellectual Property Handbook

Educational Use

Regarding teaching or educational use as

fair use (which could include use of

material in presented interpretive

programs), informational guidelines have

been developed to govern “classroom

use” of copyrighted works. These

guidelines are not binding on the courts

but are persuasive. In general, the

guidelines:

¾ Limit the use of copyrighted

publications to one copy per

student;

¾ Require use on a short term basis with a showing that there was no time to

obtain permission;

¾ Limit use to small, reasonable portions of the copyrighted work; AND

¾ Require use of copyright notice.

Because state parks are not “classrooms” in a legal sense, it is not known whether the

courts would allow the Department to argue fair use under the criteria above if a

property owner were to file suit. However, following the guidelines above is

imperative to protecting the Department’s ability to make such an argument should a

lawsuit occur.

These guidelines should only be relied upon when there is no opportunity to secure

permission before the program is presented—permission should always be sought in

advance whenever possible, and either obtained or documentation filed showing that

a good faith effort was made to locate the property owner (see Researching

Intellectual Property Ownership that follows for more information on making and

documenting a good faith effort). Acknowledging the source of the copyrighted

material is not an adequate substitute for obtaining permission, or for attempting to

locate and contact the copyright owner.

Researching Intellectual Property Ownership

Why It Is Necessary to Determine Ownership

Using an image or work for exhibition or publication is a form of reproduction that

may constitute a violation of copyright law if the work being copied is copyright

protected. Therefore, if a researcher, curator, exhibit designer, promoter or

publisher decides to use an image or work, they must determine if they have the right

to do so. Is the image or work in the public domain or is it subject to copyright

protection?

If it is determined that an image or work is in the public domain, no permission is

needed. If not, the user must obtain permission from the copyright holder.

How to Determine the Status and Ownership of a Work

There are several ways to investigate whether a work is under copyright protection.

The following steps may be helpful in starting a copyright search:

¾ Examine the work to determine if a copyright notice or disclaimer is affixed to

the work.

¾ If the work is from a published book, look for photo credits in the appendix or

the caption under the image for source, collection, artist, photographer and

date.

¾ If no indication is given with the image, contact the publisher and/or the

author. The author or author’s estate can usually be contacted through the

publisher.

¾ Examine the subject and content of the work and contact museums, libraries or

archival institutions that hold works of similar subject matter. Usually these

types of institutions are very helpful and will provide referral to additional

sources.

¾ Make a search of the Copyright Office catalogs and other records.

¾ Have the Copyright Office perform a search for you.

California State Parks Intellectual Property Handbook

investigative process can be very time consuming as you may need to contact many

different sources.

Most copyright searches involve writing to several institutions or individual

authors/artists, describing the work that you are attempting to clear and how you

intend to use it. It is most helpful if you include a photocopy of the work, any and all

information about the work, and an inquiry of additional collections or institutions to

contact.

A written permission request should include the following information:

¾ Title and/or description of the material;

¾ How and/or where the material was obtained (if applicable) or desired format

needed (if you’re making contact regarding both obtaining permission and

getting the material in the needed format);

¾ Intention of use, including the title of the publication, video or exhibit;

¾ Duration of intended use;

¾ Expected date of publication;

¾ Justification of why a license fee should not be charged (or provide a budget of

what you can afford to pay in fees);

¾ An offer to provide credit and a request for how credit should be indicated.

Retain copies of your requests, and any responses you receive, to document your

search. (See Appendix I for sample text you can adapt for your use.)

Good Faith Effort

If after using all or some of the above methods, you are unable to locate the

you have attempted to make a “good faith effort” to determine the holder of

copyrights. It is very important to retain all correspondence and notes that were

produced during your investigation of copyrights so that you can, if necessary, prove

you made a “good faith effort.” This should be kept on file with other information

related to the project in which the material was used.

Appendix A: Definitions

Author is defined as either the person who creates a copyrightable work or the

employer of a person who creates a copyrightable work within the scope of

employment. “Author” in copyright law includes not only writers of novels, plays,

and treatises, but also those who create computer programs, arrange data in

telephone books, choreograph dances, take photographs, sculpt stone, paint

murals, write songs, record sounds, and translate books from one language to

another.

to exclude others from reproducing it, adapting it, distributing it to the public,

performing it in public, or displaying it in public.

Educational Institutions are defined as nonprofit organizations whose primary

purpose is supporting the nonprofit instructional, research and scholarly activities

of educators, scholars and students. Examples of educational institutions include

K-12 schools, colleges and universities. Libraries, museums, hospitals and other

nonprofit institutions also are considered educational institutions under this

definition when they engage in nonprofit instructional, research or scholarly

activities for educational purposes.

Educational Purposes is defined as noncommercial instruction or curriculum-based

teaching by educators to students at nonprofit educational institutions.

Fair Use is a law that authorizes the use of copyrighted materials for certain purposes

without the copyright owner's permission.

Intellectual Property is defined as creative ideas and expressions of the human mind

that have commercial value and receive the legal protection of a property right.

The major legal mechanisms for protecting intellectual property rights are

copyrights, patents, and trademarks. Intellectual property rights enable owners to

select who may access and use their property and to protect it from unauthorized

use.

Patent is a grant by the federal government to an inventor of the right to exclude

others from making, using, or selling his or her invention.

Public Domain is the status of an invention, creative work, commercial symbol, or

any other creation that is not protected by some form of intellectual property.

Items that have been determined to be in the public domain are available for

copying and use by anyone.

California State Parks Intellectual Property Handbook

Research and scholarly activities is defined as planned, noncommercial study or

investigation directed toward making a contribution to a field of knowledge, and

noncommercial presentation of research findings at peer conferences, workshops

or seminars.

Trademark is a word, phrase, design, sound or symbol which is used in trade with

goods to indicate the source of the goods and to distinguish them from the goods

of others.

Work Made for Hire or Work for Hire is a work made by an employee within the

scope of his or her employment, unless there is a signed agreement to contrary.

Appendix B: Contact Information

Commercial Photography and Filming

in State Parks

Partnerships and Consumer Strategies Division

916 653-5682 [email protected]

Contracts Contracts and Asset Management Section

916 653-8674

Cooperating Associations Program Interpretation and Education Division

916 654-2249 [email protected]

Legal Opinions Legal Office

916 653-9905

(Use DPR 988 form to make a formal request

for legal services)

Logo Files Interpretive Publications Section

916 654-2249 [email protected]

Logo Licenses Interpretation and Education Division

916 654-2249 [email protected]

Museum Collections Archaeology, History and Museums Division –

Museum Services Section

916 651-8686

Photographs Photographic Archives

916 375-5933 [email protected]

State Parks Brand Partnerships and Consumer Strategies Division

916 653-5682 [email protected]

Trademark/Copyright Registration Legal Office

916 653-9905

(Use DPR 988 form to make a formal request

for legal services)

Volunteers in Parks Program Interpretation and Education Division

916 654-2249 [email protected]

Website/Internet Information Technology Services

916 653-7019 [email protected]

Appendix C: Process Flowcharts

The flowcharts on the following two pages were created to help readers quickly

understand the steps that should be followed to either:

1. Allow outside entities to use Department-owned intellectual property; or

2. Allow the Department to use intellectual property we do not own.

The page numbers in the two charts reflect the pages in this handbook where

additional information about that particular step in the process can be found.

California State Parks Intellectual Property Handbook

External Use of Intellectual Property Owned by the

Department

Note: Department divisions and offices are responsible for licensing copyrighted

material under their control or jurisdiction. There is no “central” office for issuing

licenses for copyrighted materials.

If the material being requested is not owned by the Department (for example, when

someone wants to use an image from an outside source that was used in one of our

publications), do not provide it to any one, external or internal. Instead, inform the

requestor where the material came from so he or she can obtain it from the original

source.

Is the requested material a

trademark?

See pages 6-7.

Yes

Is the requested use of the

material appropriate?

Explain, in objective terms, to the

requestor why they cannot be allowed to

use the material and be prepared to

support your explanation.

Contact the appropriate office that

administers the trademark. If you aren’t

sure, contact the Interpretation and

Education Division.

Is the material in the public

domain?

See pages 20-21.

Prepare the appropriate license agreement

using “Courtesy of…” credit line and, when

signed, provide material being requested.

Keep original agreement on file with the

material requested and send copy to

Interpretation and Education Division.

See pages 13-14.

Yes

Prepare the appropriate license

agreement using the “©

California State Parks” credit

line and, when signed, provide

material being requested. Keep

original agreement on file with

the material requested and send

copy to Interpretation and

Education Division.

See pages 13-14.

California State Parks Intellectual Property Handbook

Department Use of Intellectual Property Owned by an

External Source

Is the material intellectual property under the law?

See page 1.

Do you need to obtain it from someone else

(internal or external to the Department)?

Is the material in the public

domain?

See pages 20-21.

Use the material and

give credit, as

applicable, to original

creator or current

repository.

See page 18.

Obtain the material and

give credit as directed by

source, or as appropriate

if not directed by source;

file use agreements with

project materials.

See pages 16-18.

Yes

Is the use fair use?

See pages 22-23.

Do you know who the

owner is?

Yes

Contact the owner and request permission (see pages

25 and 53):

If the owner replies and grants permission, use

material, give credit as applicable and

appropriate, file license for material with project

files.

See pages 16-18.

Conduct a thorough

and documented

search for the

owner.

See pages 24-25.

Yes

Did you find the

owner?

If the owner replies and refuses permission, do

not use material.

Document your

search and put

documentation in

project file; use

material and give

credit as able and

appropriate.

If the owner does not reply to two attempts to

contact them, document contact attempts, put

documentation in project file, use material and

give credit as able and applicable.

Appendix D: Department Intellectual

Property Policies

The following information is excerpted from the Department Operations Manual

Chapter 0900, Interpretation and Education.

0907 INTELLECTUAL PROPERTY

“Intellectual property” is a generic term referring to patents,

trademarks, copyrights, trade secrets, and any other tangible personal

property that is created through the intellectual efforts of its creator or

creators. The Department creates and owns intellectual property and

uses intellectual property created and owned by others. The rights

related to intellectual property exist in and of themselves, apart from

the actual creation. That is, while a person may physically own a

painting, musical recording, photographic print, etc., the actual owner

of the intellectual property rights connected to said material is the

creator of the property, unless those rights were explicitly assigned,

given, or sold by the creator to another party.

For more information about intellectual property rights, see the

Department’s Intellectual Property Handbook.

0907.1 Intellectual Property Policy

It is the policy of the Department to:

• Protect its intellectual property rights by properly documenting and,

when appropriate, formally registering intellectual property created

or acquired by the Department. (Section 0906.1 provides policies and

guidelines for the proper documentation of photographic materials

owned by the Department.)

• Protect its intellectual property against unauthorized use, whether

intentional or unintentional, by individuals or organizations, to the

extent practicable.

• Obtain ownership or appropriate license rights to intellectual

property created pursuant to contracts between the Department and

third parties.

• Grant licenses for use of material copyrighted by the Department

when it furthers the mission and goals of the Department and

benefits the public. Copyright licensing should be consistent with

providing maximum protection of the integrity of the copyrighted

California State Parks Intellectual Property Handbook

material while allowing public access and use under the appropriate

conditions. (For more information on copyright licensing, including

forms, see Section 0907.2.3)

• Grant licenses for use of the Department’s trademarks only when

appropriate to promote the public’s recognition of products and

services associated with the Department, and increase the

Department’s visibility while also protecting the integrity of the

Department, its goals and mission. (For more information on

trademark licensing, see Section 0907.2.3)

• Avoid infringing on intellectual property rights owned by others. The

Department should use its best efforts to document ownership of

copyrights in connection with materials in the Department’s

possession and seek permission for use of material in which the

Department does not own the copyright when required by the

applicable laws. (For more information on the use of intellectual

property owned by outside entities, including forms, see Section

0907.4)

• Require that any person or entity using copyrighted material obtained

from the Department take full responsibility for avoiding any

infringement resulting from that use. Where the Department does not

own the copyright for the material it provides, the Department

should notify the prospective user, and it will be the user’s

responsibility to obtain a license from the appropriate source.

0907.2 Department-owned Intellectual Property

Generally, the Department owns the rights to all intellectual property

created by employees in the scope of their employment; by volunteers

who create property on volunteer time and have a current, signed

Volunteer Service Agreement; by contractors; and by cooperating

associations. In these instances, the product is considered a work made

for hire and the copyright is owned by the Department unless there is a

separate written agreement that specifies otherwise. Thus, the

Department generally owns the intellectual property rights to works

created by its employees, volunteers, and contractors within the scope

of their employment, agreement or contract.

0907.2.1 Department-owned Intellectual Property Policy

All volunteers shall have a written agreement in place that clearly

delineates the Department’s ownership of the copyright in works created

by the volunteer within the scope of his assigned volunteer duties. (The

standard DPR volunteer services agreement has a boilerplate provision

covering intellectual property; if the language in this agreement is

California State Parks Intellectual Property Handbook

amended, it must be approved by the Chief of the Interpretation and

Education Division.)

Department contracts for services with a third party that involve

production of creative works shall include an explicit agreement that the

products of the contract are intended to be works for hire and that the

Department will be the owner of the copyrights to the created

materials. This language appears in the Department's standard services

agreement.

0907.2.2 Notice of Copyright and Trademark Policy

To protect a copyright, notice of copyright shall be placed on publicly

distributed copies of the copyrighted material. This notice must include

the copyright symbol (©), followed by year of first publication and the

name of the copyright owner (and the month and year of last revision if

lieu of using the copyright symbol (©) the word “Copyright” or the

abbreviation “Copr.” may also be used. It is important to maintain the

year of first publication in the copyright line (rather than replacing it

with a new year each time an item is reproduced) in order to protect the

Department’s ability to enforce its ownership of a copyright.

The registration symbol (®) shall be used in connection with each use of

registered trademark logos unless it is infeasible from a design or

fabrication standpoint (such as for patches or decals). Alternatively, if

the registration symbol is not used at all (for design reasons, for

example), a statement that the name or design is a registered trademark

of the California Department of Parks and Recreation, registered with

the U.S. Patent and Trademark Office, may be used somewhere on the

material (e.g., on copyright page, on credits screen, at bottom of panel)

to provide notice of registration. For registered trademarked names,

however, it is not necessary to use the symbol with every subsequent use

of the trademarked name in/on the same material once the name has

initially appeared with the symbol (or, as stated above, a statement is

made somewhere in the material that the name is a registered

trademark). The “™” symbol shall be used to designate trademarks that

are in the process of being federally registered.

0907.2.3 License Agreements for Department-owned Intellectual Property

Both trademarks and copyrights can be licensed for use by non-

Departmental persons or entities. Use of Departmental intellectual

property displayed on a website or in any other electronic medium is

subject to the same licensing requirements as any other use of

intellectual property.

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0907.2.3.1 License Agreements for Department-owned Intellectual Property

Policy

The Department shall require that any person or entity using copyrighted

material obtained from the Department take full responsibility for

avoiding any infringement resulting from that use. Where the

Department does not own the copyright for the material it provides, the

Department will notify the prospective user, and it will be the user’s

responsibility to obtain a license from the appropriate source. (The DPR

990 and 990A forms both contain language that addresses this

requirement.)

Forms DPR 990 and 990A shall be used to license use of copyrighted

materials by external entities. If the standard language in either of these

forms is customized in order to allow for different use than the standard

language allows, the customized form must be reviewed and approved

by the Department’s Legal Office prior to signing. Copyright license

agreements must be signed by the District Superintendent (or Division

Chief for Headquarters units) or his or her designee, and a copy of each

agreement must be sent to the Interpretation and Education Division for

filing. Alternate forms provided by an outside entity may not be used nor

signed by the Department unless they have been reviewed and approved

by the Legal Office.

Districts and other Department offices shall not grant trademark licenses

without first consulting with the Legal Office. For use of the Department

logo, all external entities must obtain written permission from the Chief

of the Interpretation and Education Division, documented by an

appropriate license agreement, unless the license is being granted as

part of a contract that includes the Department’s standard language for

logo/trademark use, such as the standard cooperating association

contract or concessions contract. Copies of all trademark licenses and

contracts/agreements with language that licenses use of Department

trademarks must be sent to the Interpretation and Education Division for

filing.

The Department may charge licensing fees for use of its intellectual

property by outside entities. General questions about license fees may

be directed to the Interpretation and Education Division. For specific

questions, or to put in place a policy of charging license fees, consult

with the Legal Office. When the licensee has made some contribution

towards the creation of the intellectual property, the Department does

not normally charge license fees.

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0907.2.4 Department-Owned Visual Media

To allow greatest use of visual resources, employees may copy

Department-owned materials for distribution. Whenever copies of

photographs, digital images, etc. are made or provided, documentation

on the materials must be transferred to the copies. See policies above

on requirements for licensing use of intellectual property (which

includes visual media) by entities outside the Department and

information below on the use of the DPR 993 form when distributing

copies of visual media within the Department.

0907.2.4.1 Department-Owned Visual Media Policy

When copying images for which the Department holds copyright, staff

members shall transfer the following minimum information from the

original to the copy:

• Original photographer’s last name and first initial

• Park name or location

• Date photograph was taken (as specific as possible)

• Primary subject matter (determined by original photographer)

Duplication of visual materials from the Department’s Photographic

Archives requires the completion of the DPR 108 Photographic Work

Request form, with appropriate approval by the District Interpretive

Coordinator or designated staff member.

0907.3 Intellectual Property Developed by a Cooperating Association

The copyright for original works of authorship created with the joint

resources of a cooperating association and the Department may be

owned by the Department, the cooperating association, or both. Sole

ownership by the Department is preferable. Standard default language

protecting the Department’s intellectual property rights is included in all

cooperating association contracts.

0907.3.1 Intellectual Property Developed by a Cooperating Association Policy

Any changes to the cooperating association standard contract language

in relation to intellectual property rights must be approved by the

Department’s Legal Office. In special situations where a copyright is to

be owned by a cooperating association and the Department needs to

have the ability to use the work, the Department shall strive to obtain a

license from the association for the Department’s convenient use of the

material.

California State Parks Intellectual Property Handbook

0907.4 Intellectual Property Not Owned by the Department

The Department often uses intellectual property owned by external

entities. In order to do so, the Department must secure written

permission to use the material from the individual or

organization/agency that owns the intellectual property rights to the

material; this includes videos the Department would like to show in

specific parks. In some cases, it may not be possible to secure

permission for use due to an inability to locate or determine the owner

of the material. If this is the case, a thorough search shall be conducted

using all available sources of information (Internet, libraries and

repositories, word of mouth, etc.), and written documentation of the

research conducted in trying to locate or determine the owner must be

retained with the files for the project where the material is to be used.

It is important to note that “use” of intellectual property in relation to

the policies below includes public performance. These policies therefore

apply to any playing of music in state parks or showing of videos or other

media.

0907.4.1 Intellectual Property Not Owned by the Department Policy

The Department shall make a good faith effort to identify the copyright

owner of material it is seeking to use. If, after making this effort, the

Department is unable to identify or locate the copyright owner, the

material may be used. In these instances, all documentation regarding

research conducted to identify and locate the copyright owner shall be

retained with the master file for the project in which the material was

used.

Employees and volunteers who have created intellectual property on

their own time, using their own equipment, and requiring no special

access to locations, resources, or facilities, may license material for use

by the Department. In such instances, a written license agreement must

be executed, and credit given as specified in the policies below.

Employees and volunteers seeking to retain ownership of intellectual

property created on their own time, using their own equipment, and

through no special access must follow all rules and regulations required

of any member of the general public (e.g., obtain the necessary permit

from the California Film Commission for filming and commercial

photography on State property). Additionally, employees must ensure

they meet the criteria contained in the Department’s Conflict of Interest

and Incompatible Activities policies (see DAM 0200, Incompatible

Activities, and DAM 1500, Labor Relations).

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DPR 992A, Copyright License Agreement, shall be used for material the

Department would like to use but for which the copyright would be

retained by the copyright holder. DPR 992B, Copyright Assignment

Agreement, shall be used when the copyright holder is agreeing to

transfer ownership rights to the Department. Forms or letters supplied

by the intellectual property owner are also acceptable if they express

the owner’s permission to use said intellectual property and outline

permitted Department uses, but should be reviewed by the Legal Office

if they contain any requirements that cause concern, such as

indemnification language. Copyright License Agreement forms shall be

kept on file with the project or publication in which the material being

licensed was used. Copyright Assignment Agreement forms shall be filed

with the material being transferred to the Department. If the material is

sent to another location in the Department, a copy of any such forms

shall accompany it.

The Department shall obtain from the copyright owner completed

release/consent documentation whenever the material it seeks to use

features identifiable images or likenesses of members of the public. The

documentation provided by the copyright owner shall be retained with

the file for the project in which the material is being used.

0907.5 Credits for Intellectual Property Policy

Listing credits for Department-owned intellectual property created by

employees, volunteers or contractors shall be determined by the District

Superintendent (or Headquarters Division Chief) or his or her designee.

Issues that should be taken into consideration include whether there is a

clear author or creator of the intellectual property (as opposed to a

team of people), whether space allows for credits given the nature of

the product in question, and whether the location of credits will affect

the overall design and appeal of the product.

Credit must be given for use of intellectual property owned by external

entities. Usually, such credit is requested by the owner, who specifies

the language to be used—generally either “Courtesy of [name of owner]”

or “© [date of creation, if provided and applicable] [name of owner].”

Ordinarily such language is used next to or below the material being

used (such as for a photograph), or is listed on a copyright page, credit

screen of a video, or bottom of an interpretive panel. In relation to

listing the name of the intellectual property owner, be aware this may

be either an individual’s personal name, or the name of a business,

organization, or agency. However, additional information such as logos

and website addresses (unless the website address is itself the name of a

business), shall not be included.

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0907.6 Copy Equipment Posting Policy

In order to assist in the implementation of the Department’s intellectual

property policies, and in accordance with the American Library

Association’s recommendation, the following language is required to be

posted at all copy equipment throughout the Department: “The

making of photocopies or other reproductions of copyrighted material.

The person using this material is liable for any infringement.”

0907.7 Department Name Policy

California State Parks is the approved name to use for the Department.

When used to refer to the Department, this name is used in the singular

and is grammatically correct with singular verbs (for example,

“California State Parks manages a wide array of natural and cultural

resources”). This name should not be prefaced with the article “the”

(for example, “California State Parks provides educational opportunities

for young and old alike” is correct, while “The California State Parks

manages a number of grant programs for local park districts” is

incorrect). Previously created signs, publications, videos, etc., that

feature other Department names are acceptable only until such time as

they are replaced. All new material should use the current “California

State Parks” name as detailed in this notice.

Depending on individual circumstances, the use of the term “the

department” or “the Department” may be appropriate (such as in

operational documents, plans and reports) and is allowed after the name

California State Parks has been introduced in a document. The decision

as to whether to use the lowercase “department” versus the capitalized

“Department” is at the discretion of the office preparing the document

in question, but whichever option is chosen, it must be used consistently

throughout the document.

Alternative names should not be used except under the following

specific circumstances:

• California Department of Parks and Recreation - This is the legal

name of the Department, and should be used in situations where the

legal name is called for (for example, references in state codes and

regulations, legal documents such as contracts, court filings,

administrative filings, official documents, etc.).

• California State Park System - This name collectively refers to all of

the classified and unclassified park properties managed by the

Department. It should only be used in circumstances when all parks

are being referred to as a collective unit and the use of the name

California State Parks is not appropriate (for example, “The

California State Parks Intellectual Property Handbook

California State Park System serves visitors from throughout the

world.”). The term “California’s state parks” can be used as an

alternative to refer to the units that make up the California State

Park System, and in such an instance, the words “state” and “parks”

would not be capitalized.

0907.8 Department Logo Policy

It is the policy of the Department that the Department logo should be

displayed on all products produced by or copyrighted to California State

Parks, wherever practical, to build the strongest possible visibility and

recognition for the Department and its resources, services, products and

personnel. Where appropriate, this will be done in conjunction with

approved individual unit marks/logos. The Department logo shall be used

in/on publications, web pages, audio-visual programs, letterhead,

envelopes, business cards, mailing labels, fax coversheets, press

releases, vehicle and equipment decals, signs and panels, State Park

passes, and other such products and property as might be appropriate.

Previously created signs, publications, videos, etc., that feature old

Department logos are acceptable only until such time as they can be

replaced.

When Department offices, or individual employees, are having the logo

embroidered or screened onto fabric, a sample must be sent to the Chief

of the Interpretation and Education Division for review and approval

before production unless the work is being done by a pre-approved

vendor (vendor list available from the Interpretation and Education

Division). It is strongly advised that a mock-up of the intended use of the

logo be sent to the Interpretation and Education Division before a

sample is made in order to avoid incurring costs for a use that may not

be approved.

Use of the logo is restricted to Department publications and activities,

unless the Department allows otherwise. Use of the logo by external

entities, including cooperating associations and concessionaires, must

not be allowed unless the association created through use of the logo is

consistent with promoting the goodwill of the Department and the

Department’s goals. When the logo is used by an external entity, the

following policies apply:

• A written license agreement must be executed by the Department

and the third party entity, confirming the terms and conditions of

use. This may be incorporated into an existing agreement (e.g.,

concession and cooperating association contracts, donor agreements,

memoranda of agreement or understanding) or may be crafted as a

separate license agreement. Agreements that incorporate logo

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license language must be reviewed and approved by the Legal Office

prior to approval. Copies of all such agreements must be sent to the

Interpretation and Education Division for permanent retention.

• Once an entity has been licensed, advance approval must be

obtained before each specific use of the logo. For entities using the

logo under a stand-alone license agreement, that approval must

come from the Chief of the Interpretation and Education Division, or

his or her designee. For entities using the logo under language

contained in a valid contract or other written agreement (such as a

Memorandum of Understanding or Memorandum of Agreement),

approval must come from the California State Parks employee

responsible for administering that contract or agreement, or his or

her designee.

• The logo shall not be the most prominent design element (unless the

license agreement states otherwise, such as when the logo is used on

uniforms and merchandise).

• The logo shall not be used in a manner that implies editorial content

has been authored by or represents the views or opinions of the

Department.

• The logo shall not be used in any venue that displays adult content,

promotes gambling, involves the sale of tobacco or alcohol, or

violates applicable law.

• The logo shall not be used in a manner that is determined by the

Department in its sole discretion to be misleading, defamatory,

infringing, libelous, disparaging, obscene, or otherwise

objectionable.

0907.8.1 Specific Logo Use Policies

It is the policy of the Department that:

• Because the logo is a trademark registered with the U.S. Patent and

Trademark Office, the registration symbol ® must be used in

connection with each use of the logo unless it is infeasible from a

design or fabrication standpoint (such as for patches or decals). The

® registration symbol must now be used instead of the trademark

symbol ™ that had previously accompanied the logo before it was

registered. Versions of the logo with the ™ symbol may no longer be

used.

• Logo components may not be altered, and the components of the

logo may not be used separately. For instance, the bear cannot be

used alone or replaced with another element and/or the lettering

cannot be used without the bear or replaced with different words.

• The logo may not be used to create other, new logos.

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• The logo must always appear clear and crisp.

• The logo may not be tilted, skewed, or distorted.

• To maintain clarity, the logo must be a minimum of 5/8” in

diameter.

• The logo may be reproduced only from camera-ready proofs or

electronic printing files. It may not be redrawn or traced.

• Due to its low resolution, the logo may not be downloaded and

printed from the Department’s website.

• The logo may not be cropped, overprinted, screened, superimposed,

or printed behind art or copy.

• To make sure the logo stands out clearly, it must be placed within an

area of unobstructed space. This also applies to the placement of the

logo relative to the edge of a page or screen. There are two ways to

determine the clear zone around the logo:

• The space must be the “I” height of the type in the word

“CALIFORNIA” in the logo.

• The space must be approximately 1/8 of the diameter of the logo.

For example, if the logo is 2 inches in diameter, then the clear

zone would measure 1/4 of an inch.

• The full-color logo may not be converted to grayscale. Instead, the

black-and-white version of the logo must be used.

• The full-color logo may not be copied on a black ink photocopier

(except in the case of providing printouts of presentations that use

the color logo). Instead, the black-and-white version of the logo

should be used.

• The logo, in both full-color and black-and-white, may be used on

colored paper, backgrounds, and fabrics.

• When printing in less than four colors, only the black-and-white

version of the logo may be used. When printing in more than one

color, the logo must be printed in the darkest color available.

• When embroidering the logo or screening it onto fabric, the full-color

version may be used, or the black-and-white version of the logo can

be reproduced in any single color.

• Except in the case of printing, screening, or embroidering the logo in

one color as specified in the policies above, the logo colors may not

be added to, changed or altered.

• Exceptions to the policies above must be approved by the Chief of

the Interpretation and Education Division.

Appendix E: Visual Media and Photograph

Documentation

Visual Media Consent Form (DPR 993)

The California Civil Code protects the rights of individuals to control the use of their

likenesses (§ 3344), and regulates the collection of personal information (§1798.17)

and the disclosure of personal information collected (§1798.24). To protect the

Department and avoid the violation of any publicity or privacy rights regarding display

or use of visual media featuring members of the public (e.g., still photography, digital

photography, video footage, etc.), the Department has developed the DPR 993, Visual

Media Consent Form.

The completed DPR 993 form allows the Department to use images of identifiable

members of the public as broadly as possible, in brochures, exhibit panels, public

reports, videos, webpages, etc. A signed DPR 993 also allows the Department to freely

distribute such images to external entities. Distribution of an image to an outside

entity also requires the completion of an appropriate licensing agreement to protect

the Department’s intellectual property rights (see pages 13-14). There are some

instances, such as at public events, when a DPR 993 form may not be required

(however, be aware this may also limit the types of ways the image can be used). If

you are interested in learning more about whether the DPR 993 form requirement may

be waived for your particular situation, contact the Department’s Legal Office.

Whenever an image features a member of the public in a recognizable manner, there

should be a corresponding signed and completed DPR 993 on file in order to freely use

the image. Because these forms should be completed and signed at or before the time

the media is created, multiple blank copies of the DPR 993 should be carried in the

field whenever the creation of visual media may capture members of the public and

display them in a recognizable manner.

Completed forms must be retained with the original version of the media itself (unless

the media is a digital photograph or the signatory is a registered volunteer; see

below), must be filed in an organized and secure manner, and should reference the

unique image number given to the image itself, if applicable (see below for

instructions on documenting and numbering images taken by Department employees).

Copies of completed consent forms must be sent along with the corresponding images

when they are distributed to other units within the Department. Because the form

contains confidential information, copies SHALL NOT accompany images when said

images are provided to external agencies or entities.

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Digital images must be printed, labeled, and filed in a secure manner, and any

corresponding 993 forms must be stored with the printed images.

Completion of the DPR 993 form is not required for images of Department employees.

Registered volunteers, however, must complete and sign a DPR 993 form in order for

their likenesses to be used. For this reason, the DPR 993 form should be signed by

each volunteer, ideally at the time they complete other volunteer paperwork, and

kept on file with the Volunteer Services Agreement.

Photograph Documentation

Photographic materials (defined as images and collections of images) and the rights to

use those materials represent an asset to the Department and public and must be

protected. Documenting ownership rights is the primary step in protecting these

assets.

The forms of photographic materials that should follow these policies include:

¾ Original and duplicate slides

¾ Prints

¾ Negatives

¾ Digital (still and video) images

¾ Video tapes and film

¾ Forms of photographic materials whose media format may be based on the

development of future technologies

Policy

It is the policy of the Department to include the following five types of information,

when possible, in order to document photographic materials:

¾ Photographer’s last name and first initial;

¾ Park name or location;

¾ Date photograph was taken (as specific as possible);

¾ Primary subject matter (determined by photographer); and

¾ Names of individuals, if any, depicted in the image (should be noted and kept

with photo releases on file)

It is the policy of the Department to document photographic material created by the

Department in order to preserve use rights, to protect against unauthorized use, to

allow for copyright registration where appropriate, and to facilitate licensing for third

party use.

Photo Documentation Numbering

Each division/district maintaining photographic materials collections is encouraged to

establish a photo numbering system as a means to link documented photos and their

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related information. We suggest using the originating unit’s number followed by a

photograph number (for example, for Red Rock Canyon State Park, 577-0001).

For more information regarding photograph documentation, contact the Department’s

Photographic Archives at 916 375-5933 or [email protected].

Appendix F: Commercial Photography and

Filming in Parks

The California Film Commission is responsible for issuing permits to allow external

entities to film or take still photographs in state parks for commercial purposes.

Those entities should, where appropriate, include recognition in their credits of the

Department and of the specific park units where the filming or photography occurred.

For more information on photography and filming in parks, visit

www.parks.ca.gov/filmproduction (from which the information below was excerpted)

or see the Department handbook, “Guidelines for Filming in California State Parks.”

Definition of Commercial Filming

Photography within State Parks falls generally into seven categories, five of which are

defined as commercial and generally subject to permitting requirements. Permits for

these five categories are issued by the California Film Commission following

submission of DPR 245A and approval by the park district where filming is to take

place. These are:

Documentary Photography

Whether still, motion picture or video, documentary filming may be permitted

through the use of the same forms and procedures used for commercial photography.

Permit requirements for documentary photography may be waived at the discretion of

the District Superintendent or his/her designated representative. An example of a

situation justifying waiver is a film project done in conjunction with the Department

or in which the Department realizes a direct marketing or other benefit. Insurance

requirements must be met even when permit requirements are waived.

Public Service Announcements

Permit requirements for the filming of television public service announcements on

behalf of nonprofit organizations or other governmental agencies may be waived by

the District Superintendent or his/her designated representative. Insurance

requirements must be met even when permit requirements are waived.

Student Photography

Individual or group student photography is conducted for the purpose of educating or

providing supervised experience to persons learning photography methods. Student

photography may be permitted through the same forms and procedures used for

commercial still motion picture or video photography. As with documentary

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photography, permit requirements for student photography may be waived by the

District Superintendent or his/her designated representative. Insurance requirements

must be met even when permit requirements are waived. Since individual students

may find it difficult to obtain required insurance, it is recommended that the permit

be issued to the school and the student. A letter is required certifying that the

individual is a student of the school providing the insurance, and that the film is being

done as part of the curriculum.

Commercial Still Photography

This category covers photography for sale or profit aside from filming for motion

pictures or television. Such photography may be permitted after appropriate

application and required insurance. Commercial still photography permits are handled

in the same manner as commercial motion picture, video and television photography.

Commercial Motion Picture, Video and Television Photography

This category covers all photography for sale or profit utilizing motion pictures,

videotape, or other imaging media, including theatrical motion pictures, shorts,

television programs, commercials, etc. It may be permitted after appropriate

application and securing required insurance.

Photography That Does Not Require a Permit

Personal Photography

Photography for personal purposes is to be encouraged as a means of enhancing visitor

enjoyment and extending the benefits and influences of recreational experiences.

Personal photography by park visitors, whether still, motion picture or video, is

allowed without specific clearance or authorization under the following conditions:

¾ Department of Parks and Recreation rules and regulations must be complied

with at all times and normal use fees paid.

¾ There must be no interference with other park visitors’ use and enjoyment of

the park.

¾ Professional props and/or sets, actors or professional models, or specialized or

large motorized equipment will not be used.

¾ Photography will take place during the normal hours that the park is open to

the public.

¾ No disturbance or rearrangement of any park facility or feature will be

allowed.

News Media Photography

No permit is required for news agencies in the process of gathering breaking news for

television broadcast or print media. Such coverage will be with the concurrence of

and under the supervision of the District Superintendent or his/her designated

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representative. The Deputy Director for Communications shall be advised of all

significant news media photographic activity. Filming or photography for other news

media (such as "magazine" formats and delayed broadcast feature programs) may

require permits. Permits may also be required for still photography done in

conjunction with feature or editorial print articles. A Department staff person or

docent will be made available to assist with, and provide interpretive information for,

such editorial and feature photographic shoots or filming projects. Where possible,

that staff person will serve as a District's Field Media Liaison.

Appendix G: Museum Collections

The following information has been excerpted from DOM Chapter 2000, Museum

Collections Management. For more information regarding museum collections, refer to

that chapter or contact the Archaeology, History, and Museums Division.

Since 1891, when Sutter’s Fort Pioneer Museum was given to the people of California,

the State of California has been responsible for the management of museum objects.

Over the years, museum collections have grown through the acquisition of other

historic sites and structures; through gifts from individuals, families, and institutions;

through purchases for special projects; and through archaeological and scientific

investigations conducted on park properties. Today, several million museum objects

are displayed or stored in more than 115 units of the State Park System, including

headquarters facilities. Each museum object or collection has associated intellectual

property rights.

Legal Title

Title to all objects acquired for museum collections shall be obtained free and clear

without restrictions as to use or future disposition.

A legal instrument of conveyance describing the objects involved and identifying their

source shall accompany all acquisitions. Gifts will be documented in duplicate with

original signatures on approved DPR forms that are retained permanently in two

locations: the park and State wide Museum Collections Records (see DOM 2010.8.1).

The DPR 925, Deed of Gift, is the legal document that conveys title from the donor to

the Department of Parks and Recreation. It documents two actions: the gift by the

donor and its acceptance by the Department. The Deed of Gift documents the

transfer of ownership of specific objects, not the physical transfer of those objects

into DPR’s possession. The Deed of Gift is a simple document but, if executed

incorrectly or incompletely, can result in the Department’s ownership of the objects

being called into question.

Objects acquired through circumstances other than gift or purchase (e.g., found on

site) shall be documented with a description of the objects involved and the

circumstances identifying them as Department property.

California State Parks Intellectual Property Handbook

Intellectual Property Rights

Museum objects, archival materials, photographs, and other cultural properties held

by the Department have intellectual property rights associated with them. Typically,

these include the following copyrights:

¾ The right of reproduction (i.e., to make copies of the work in any form).

¾ The right of distribution (i.e., to distribute copies for sale, loan, or rental).

¾ The right of adaptation (i.e., to create a new work based on or use a portion of

the original).

¾ The right of performance (i.e., to perform the work publicly).

¾ The right of display (i.e. to exhibit the work publicly).

Some, none, or all of these rights may be owned by the Department or by others. In

addition, there may be trademarks or other intellectual property rights that may be

considered on a case-by-case basis.

It is the responsibility of the Superintendent, in consultation with a Museum Curator

or other persons knowledgeable about the legal status of such properties, to ensure

that Department-owned intellectual property rights associated with the museum

objects under his or her jurisdiction are protected, and are used in concert with the

mission of the Department, the purpose of the park holding the objects, and any

applicable laws.

Study Copies

Superintendents may make available photographic copies of museum objects

(including artifacts as well as library and archival materials) under his or her

jurisdiction for research and may charge a fee equivalent to the cost of providing the

copies. All study copies will be stamped or affixed on the reverse side with a

disclaimer indicating that the copies are for study purposes only, and that permission

from copyright holders may be required for other uses.

Department staff shall not provide photocopies to others if such action would violate

a copyright law.

Licensing Department-Owned Intellectual Property

Associated With Museum Objects

The Superintendent may license (i.e., grant permission to) individuals or groups for

the non-exclusive use of a Department-owned intellectual property right associated

with a museum object under his or her jurisdiction on a case-by-case basis. He/she

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may charge a fee for such use, provided that all of the following factors are taken

into consideration:

¾ The potential for furthering the educational goals of the Department or the

park through products and services offered by non-Department sources.

¾ The security of the objects to be photographed, imaged, replicated, or

otherwise used.

¾ The redirection of staff time away from the care of the collections and/or

other public services to accommodate the use request.

¾ The quality and accuracy of the product or service for which the use is

requested.

¾ The financial value of the specific intellectual property right licensed.

¾ The public image of the Department.

Licensing for exclusive use requires the approval of the Deputy Director of Park

Stewardship.

Site-Specific Policies and Procedures

Superintendents may adopt site-specific policies concerning intellectual property

rights associated with museum objects that are in addition to and agreement with the

statewide policies described in this section.

Superintendents may delegate authority for granting non-exclusive use of intellectual

property rights to a designated staff member, provided written site-specific

procedures are in place and include notification to the Superintendent of all licenses

granted.

Appendix H: Sample Forms

The following seven pages represent mock samples of the following department

forms:

990 – License/Permission for Use of Materials (Film Production)

Copyrighted images and video for use in documentary film, reproduction fees

only

990A – License/Permission for Use of Materials

Copyrighted images, reproduction and use fees

990A – License/Permission for Use of Materials

Public domain image, no fees

992A – Copyright License Agreement

Use of photographic image, no copyright registration number

992B – Copyright Assignment

993 – Visual Media Consent Form

Adult

993 – Visual Media Consent Form

Minor

LICENSE/PERMISSION FOR USE OF MATERIALS

State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

(Film Productions)

PRODUCER'S NAME

John D. Doe Productions, Inc.

Subject to the terms and conditions of this Agreement, the California Department of Parks and Recreation (the

"Department") grants permission to use certain materials (the "Material") identified as follows:

NAME OF PRODUCTION

State Parks in America

hereafter called the "Requester."

hereafter called the "Production."

The Department hereby grants to the Requester for use in the Production the non-exclusive, non-transferable, non-

sublicenseable right and license to incorporate the Material into the Production; and to use, reproduce, duplicate and

distribute the Production, pursuant to the terms and conditions of this license. Requester shall own all right, title and interest

in and to the Production; provided, however, that the Department shall retain all right, title and interest in and to the Material

provided hereunder.

This license granted hereunder shall not extend beyond the Production, in the following mediums:

To be aired on broadcast and cable television, and produced for home video (limited to 25,000 copies VHS and

25,000 copies DVD)

Any additional use shall require written permission and/or the payment of fees. This permission is non-transferable and non-

sublicenseable. This is not an exclusive privilege to the user, and the Department reserves the right to make the Material

available to others.

One copy of any published work using the Material provided by the Department must be provided to the Department at no

cost to the Department unless agreed otherwise in writing. Requester shall not modify or alter the Material in any way

without prior written approval from the Department.

All Material reproduced in a publication, film, media presentation, exhibit or otherwise must be credited as "© [see dates

or "Courtesy of California State Parks, [date]." above], California State Parks"

IN NO EVENT SHALL THE DEPARTMENT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS

AGREEMENT. THE DEPARTMENT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT. PERMISSION TO USE THE MATERIAL IS GRANTED "AS IS."

Requester assumes all responsibility for investigating and avoiding any possible infringement of copyright laws or

reproduction rights, and any and all other third party intellectual property rights, that may arise from the reproduction or

publishing of the Material and/or derivative works. Further, Requester agrees to indemnify, protect, hold harmless, and

defend the Department from and against any liability that might arise from any and all use of the Material by Requester, its

licensees, successors or assigns.

Requester agrees to pay the Department, upon acceptance of this agreement, and prior to delivery of the Material, all

expenses as follows:

12:20); and

Photo

graph 090-S25847

$40.00 Reproduction fee for two (2) high-resolution images @ $20.00 / image

$40.00 Reproduction fee for one (1) DVD copy of video @ $40.00 / DVD

Usa

ge fees waived

AGREED AND ACCEPTED

State of California

Department of Parks and Recreation

REQUESTER

John D. Doe Productions, Inc.

BY DATE BY DATE

PRINTED NAME OF PERSON SIGNING

C. S. Parks

PRINTED NAME OF PERSON SIGNING

John D. Doe

TITLE

State Park Interp III

DISTRICT/SECTION

Interp and Education Div

TITLE

Producer

PHONE NO.

916 653-0768

[email protected]

PHONE NO.

415 555-1234

[email protected]

DPR 990 (Rev. 11/2002)(Excel 10/21/2002)

090-S496 (file name, "S496_AnzaBorrego_wildflowers.tif") and 090-S17747 (file name,

"S17747_AnzaBorrego_sunset.tif").

State of California - The Resources Agency

LICENSE/PERMISSION FOR USE OF MATERIALS(General)

DEPARTMENT OF PARKS AND RECREATION

REQUESTER NAME

Friends of History Publishers, Inc.

Subject to the terms and conditions of this Agreement, the California Department of Parks and Recreation (the "Department")

grants permission to use certain materials (the "Material") identified as follows:

hereafter called the "Licensee."

The Department hereby grants to the Licensee the non-exclusive, non-transferable, non-sublicenseable right and license to use,

reproduce, duplicate and distribute the Material pursuant to the terms and conditions of this license. Licensee shall own all right,

title and interest in and to the new works created; provided, however, that the Department shall retain all right, title and interes

and to the Material provided hereunder.

This license granted hereunder shall not extend beyond the following use, in the following mediums:

Use of Material in interior of book titled,California: An Environmental History (the "Publication"), English and

Spanish language versions, total print run not to exceed 100,000 copies. Upon completion of the Publication, the

Licensee shall ensure that all electronic copies of the Material are deleted from the Licensee’s

company/organization hard drives and/or temporary electronic storage formats as well as those of any sub-

contracted company. Upon completion of the Publication, the provided CD-R may be retained by Licensee for

internal reference use in connection with the Publication only.

Any additional use shall require written permission and/or the payment of fees. This permission is non-transferable and non-

sublicenseable. This is not an exclusive privilege to the user, and the Department reserves the right to make the Material

available to others.

One copy of any published work using the Material provided by the Department must be provided to the Department at no cost

to the Department unless agreed otherwise in writing. Licensee shall not modify or alter the Material in any way without prior

written approval from the Department.

All Material reproduced in a publication, film, media presentation, exhibit or otherwise must be credited as

IN NO EVENT SHALL THE DEPARTMENT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS

AGREEMENT. THE DEPARTMENT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT. PERMISSION TO USE THE MATERIAL IS GRANTED "AS IS."

Licensee assumes all responsibility for investigating and avoiding any possible infringement of copyright laws or reproduction

rights, and any and all other third party intellectual property rights, that may arise from the reproduction or publishing of the

Material and/or derivative works. Further, Licensee agrees to indemnify, protect, hold harmless, and defend the Department

from and against any liability that might arise from any and all use of the Material by Licensee, its licensees, successors or

assigns.

Licensee agrees to pay the Department, upon acceptance of this agreement, and prior to delivery of the Material, all expenses

as follows:

$40.00 Reproduction fees for two (2) high-resolution images @ $20.00 / image.

$80.00 Usage fees for two (2) images in the Publication, print run 100,000 copies @ $40.00 / image.

AGREED AND ACCEPTED

State of California

Department of Parks and Recreation

LICENSEE

Friends of History Publishers, Inc.

BY DATE BY DATE

PRINTED NAME OF PERSON SIGNING

Horace E. A'dache

PRINTED NAME OF PERSON SIGNING

Kathleen Auff

TITLE

Musem Curator I

DISTRICT/SECTION

Interp & Ed Div / Photo Archives

TITLE

Senior Research Editor

PHONE NO.

(916) 457-3208

[email protected]

PHONE NO.

(123) 456-7890

[email protected]

DPR 990A (New 11/2002)(Excel 10/21/2002)

090-14458 (file name, "P14458_Bodie.tif").

State of California - The Resources Agency

LICENSE/PERMISSION FOR USE OF MATERIALS(General)

DEPARTMENT OF PARKS AND RECREATION

REQUESTER NAME

Friends of History Publishers, Inc.

hereafter called the "Licensee."

Subject to the terms and conditions of this Agreement, the California Department of Parks and Recreation (the "Department")

grants permission to use certain materials (the "Material") identified as follows:

The Department hereby grants to the Licensee the non-exclusive, non-transferable, non-sublicenseable right and license to use,

reproduce, duplicate and distribute the Material pursuant to the terms and conditions of this license. Licensee shall own all right,

title and interest in and to the new works created; provided, however, that the Department shall retain all right, title and interes

and to the Material provided hereunder.

This license granted hereunder shall not extend beyond the following use, in the following mediums:

Any additional use shall require written permission and/or the payment of fees. This permission is non-transferable and non-

sublicenseable. This is not an exclusive privilege to the user, and the Department reserves the right to make the Material

available to others.

One copy of any published work using the Material provided by the Department must be provided to the Department at no cost

to the Department unless agreed otherwise in writing. Licensee shall not modify or alter the Material in any way without prior

written approval from the Department.

All Material reproduced in a publication, film, media presentation, exhibit or otherwise must be credited as"© [YEAR], California

State Parks" or "Courtesy of California State Parks,2007."