[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: 37CFR201.24]
[Page 387-388]
TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
CONGRESS
PART 201--GENERAL PROVISIONS--Table of Contents
Sec. 201.24 Warning of copyright for software lending by nonprofit libraries.
(a) Definition. A Warning of Copyright for Software Rental is a
notice under paragraph (b)(2)(A) of section 109 of the Copyright Act,
title 17 of the United States Code, as amended by the Computer Software
Rental Amendments Act of 1990, Public Law 101-650. As required by that
paragraph, the ``Warning of Copyright for Software Rental'' shall be
affixed to the packaging that contains the computer program which is
lent by a nonprofit library for nonprofit purposes.
(b) Contents. A Warning of Copyright for Software Rental shall
consist of a verbatim reproduction of the following notice, printed in
such size and form and affixed in such manner as to comply with
paragraph (c) of this section.
Notice: Warning of Copyright Restrictions
The copyright law of the United States (Title 17, United States
Code) governs the reproduction, distribution, adaptation, public
performance, and public display of copyrighted material.
Under certain conditions specified in law, nonprofit libraries are
authorized to lend,
[[Page 388]]
lease, or rent copies of computer programs to patrons on a nonprofit
basis and for nonprofit purposes. Any person who makes an unauthorized
copy or adaptation of the computer program, or redistributes the loan
copy, or publicly performs or displays the computer program, except as
permitted by title 17 of the United States Code, may be liable for
copyright infringement.
This institution reserves the right to refuse to fulfill a loan
request if, in its judgement, fulfillment of the request would lead to
violation of the copyright law.
(c) Form and manner of use. A Warning of Copyright for Software
Rental shall be affixed to the packaging that contains the copy of the
computer program, which is the subject of a library loan to patrons, by
means of a label cemented, gummed, or otherwise durably attached to the
copies or to a box, reel, cartridge, cassette, or other container used
as a permanent receptacle for the copy of the computer program. The
notice shall be printed in such manner as to be clearly legible,
comprehensible, and readily apparent to a casual user of the computer
program.
[56 FR 7812, Feb. 26, 1991]