[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.15]

[Page 358-359]
 
             TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 201--GENERAL PROVISIONS--Table of Contents
 
Sec. 201.15  Voluntary license to permit reproduction of nondramatic literary works solely for use of the blind and physically handicapped.

    (a) General. (1) The blind and physically handicapped are persons 
eligible for special loan services of the Library of Congress, as 
designated by section 135a of title 2 of the United States Code as 
amended by Pub. L. 89-552 and regulations of the Library of Congress 
issued under that section.
    (2) This section, and any license granted or exercised under this 
section, applies only to nondramatic literary works that have previously 
been published with the consent of the copyright owner.
    (b) Form. The Copyright Office provides the following form as part 
of the applications for registration of claims to copyright in 
nondramatic literary works (Form TX):

    Reproduction for Use of Blind or Physicallly Handicapped Persons

    Signature of this form at space 10, and a check in one of the boxes 
here in space 8, constitutes a nonexclusive grant of permission to the 
Library of Congress to reproduce

[[Page 359]]

and distribute solely for the blind and physically handicapped and under 
the conditions and limitations prescribed by the regulations of the 
Copyright Office: (1) copies of the work identified in space 1 of this 
application in Braille (or similar tactile symbols); or (2) phonorecords 
embodying a fixation of a reading of that work; or (3) both.
    a {time}  Copies and phonorecords; b {time}  Copies only; c {time}  
Phonorecords only.

    (c) Terms and conditions. A copyright owner who consents to the use 
of a copyrighted work by the Library of Congress for the use of the 
blind and physically handicapped may accomplish this purpose by checking 
the appropriate box on the application form, by signing the application 
form as a whole, and by submitting the application for copyright 
registration to the Copyright Office. The copyright owner thereby grants 
a nonexclusive license to the Library of Congress with respect to the 
work identified in the application, under the terms and conditions set 
forth in this section.
    (1) The work may be reproduced only by or on behalf of the Library 
of Congress.
    (2) The work may not be reproduced in any other form than Braille 
(or similar tactile symbols), or by a fixation of a reading of the work 
in phonorecords specifically designed for use of the blind and 
physically handicapped, or both, as designated by the copyright owner on 
the application form.
    (3) Such copies and phonorecords of the work may be distributed by 
the Library of Congress solely for the use of the blind and physically 
handicapped under conditions and guidelines provided by the National 
Library Service for the Blind and Physically Handicapped of the Library 
of Congress.
    (4) In the case of any conflict with any other right or license 
given by the copyright owner to the Library of Congress pertaining to 
the work, the terms and conditions most favorable to the Library of 
Congress for the benefit of the blind and physically handicapped shall 
govern.
    (5) Copies and phonorecords reproduced and distributed under this 
license will contain identification of the author and publisher of the 
work, and copyright notice, as they appear on the copies or phonorecords 
deposited with the application.
    (6) This license is nonexclusive, and the copyright owner is in no 
way precluded from granting other nonexclusive licenses with respect to 
reproduction for the use of the blind and physically handicapped, or 
exclusive licenses for the same purpose on condition they are subject to 
the nonexclusive license granted to the Library of Congress, or other 
exclusive or nonexclusive licenses or transfers with respect to 
reproduction or distribution for other purposes.
    (7) All responsibility for the clearing and exercise of the rights 
granted is that of the Library of Congress.
    (d) Duration of license. (1) The license is effective upon the 
effective date of registration for the work and, subject to the 
conditions and procedures stated in paragraph (d)(2) of this section, 
continues for the full term of copyright in the work provided in section 
302 of title 17 of the United States Code as amended by Pub. L. 94-553.
    (2) Termination of the license may be accomplished by the copyright 
owner at any time by submitting a written statement of intent to 
terminate, signed by the copyright owner or by the duly authorized agent 
of the copyright owner, to the National Library Service for the Blind 
and Physically Handicapped of the Library of Congress. Termination will 
become effective 90 days after receipt of the written statement, or at a 
later time set forth in the statement. Upon the effective date of 
termination the Library of Congress will be prohibited from reproducing 
additional copies or phonorecords of the work, or both, without the 
consent of the copyright owner, but copies or phonorecords, or both, 
reproduced under authority of the license before the effective date of 
termination may continue to be utilized and distributed under the terms 
of the license after its termination.


(17 U.S.C. 408, 702, 710)

[45 FR 13073, Feb. 28, 1980, as amended at 60 FR 34168, June 30, 1995]

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