Copyright Guidelines

I. What is copyright?
II. What is fair use?
III. What about different formats of NSIE products?
IV. How does NSIE handle copyright permission requests?

I. What is copyright?
The U.S. Constitution and the Copyright Act reserve to the copyright holder the exclusive right to reproduce, prepare derivative works, distribute, perform, and publicly display a copyright work. Copyright exists the moment an expression is fixed in a tangible medium.
Since subscriptions are NSIE’s primary source of income, we are diligent about protecting our copyright interests.

II. What is fair use?
Section 107 of the Copyright Act exempts from liability for infringement the copying of portions of copyright material for certain purposes, including criticism, comment, research, or teaching. The courts look at four factors when determining whether an alleged copyright infringement is a fair use:

• purpose and character of the use, including commercial vs. nonprofit educational purpose,
• nature of the copyright work,
• amount and substantiality of the portion used in relation to the work as a whole, and
• effect of the use on the potential market or value of the work.

At NSIE we do not give blanket permission to photocopy or otherwise copy or redistribute NSIE material although we recognize that the “fair use” doctrine permits, under limited circumstances, the copying of small portions of any copyright material for certain purposes. In an infringement case, the burden of proof is on the putative infringer.

III. What about different formats of NSIE products?

In General
Reproduction of NSIE products is prohibited without the express written permission of NSIE except as indicated in our copyright policy statements or guidelines. In print products, the copyright policy statement appears at the bottom of the masthead page. In electronic products, the policy statement is in the user’s guide or in the electronic product itself.

We claim copyright protection for all material that has been written or enhanced as a result of the efforts of NSIE’s editorial staff or indexers. We do not claim copyright in public domain works of the federal and state governments that are reproduced by us, although we do claim copyright for the compilation, selection, coordination, and arrangement of such material.

Working papers, sample forms, suggested policies, and model letters are included in many NSIE products. These items are copyrighted by NSIE but the subscription fee includes permission to reproduce them for internal use or to serve individual clients or customers. Permission to use them for other purposes must be obtained from NSIE.
The tables of contents, highlights, and other finding aids are covered by copyright, and are not to be copied and redistributed within an organization. Additional copies of tables of contents and highlights of NSIE notification services are available by subscription through e-mail or through other license agreements.

Electronic Products
Reproduction or redistribution of a publication, in whole or in part, by any means, including e-mail, facsimile transmission, or any other electronic or print means, without the express written permission of The National Safety Information Exchange, Inc., is prohibited except as follows:
Authorized users may:

• view the publication on screen,
• download small portions of the publication to a computer disk or drive for convenience and later reference, for      individual or personal use (Note: CD-ROM users should check any material temporarily stored against the      latest version of the disc to ensure the information is still current.),
• print paper copies for individual or personal use only,
• make one archival print copy of the material, and
• if NSIE is properly credited, on an occasional basis:
o   reproduce limited quantities of the data for internal or interoffice distribution or use only, and
o   include or distribute small portions in memoranda and reports for internal use, selected clients, or court filings.

To properly credit NSIE for one of these approved uses, a statement such as the following should accompany the material: “Reproduced pursuant to a license agreement for (Title of Publication). Copyright 20yy by The National Safety Information Exchange, Inc. (727)-264-7104), http://www.nsie.com.
Users may not:

• Make copies or transmit the contents of a CD-ROM or publication in its entirety or in substantial part.
• Attempt to alter a CD-ROM or software to increase the level of access authorized under the license.
• Load a CD-ROM onto a network of any kind unless authorized to do so by the license.
• Republish, distribute, or sell the contents of a CD-ROM or publication in any manner that would violate       copyright or the proprietary interest of NSIE or third-party vendors.
• Copy and/or distribute the tables of contents, highlights, and other finding aids are covered by copyright.       (Additional copies of tables of contents and highlights of NSIE notification services are available by       subscription through e-mail or through other license agreements.)
• Reproduce, create derivative works from, perform, display, publish, transmit, distribute, sell (or participate in      any sale), or otherwise access, use, or exploit any material retrieved from or contained in the publication in any      manner whatsoever that may infringe any copyright or proprietary interest of any third party licensor.
• Place any material on any website (including intranets).
• Include material in client or similar newsletters.

IV. How does NSIE handle copyright permission requests?

What is needed to obtain permission? Permission may be sought by letter, fax, or e-mail. A request should fully identify the item to be copied including the service or publication title, date, volume and/or issue number, page numbers and headline, the planned use of the item, and the number of copies that will be made. Also include identifying information about your organization, with name, address, phone and fax numbers, and contact person. When granting permission, we supply a credit line to accompany the material. We reply in the same manner we receive each request: by mail, fax, or e-mail.