[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41316-41320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16506]
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DEPARTMENT OF JUSTICE
41 CFR Part 128-1
[Docket No. FBI 151]
RIN 1110-AA32
Federal Bureau of Investigation Anti-Piracy Warning Seal Program
AGENCY: Federal Bureau of Investigation (FBI), Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Bureau of Investigation (FBI)
finalizes its proposed regulation regarding the FBI Anti-Piracy Warning
Seal (APW Seal). The final rule provides a general authorization
allowing all copyright holders to use the APW Seal, subject to specific
conditions of use.
DATES: This rule is effective on August 13, 2012.
FOR FURTHER INFORMATION CONTACT: John C. Allender, FBI Office of the
General Counsel, telephone number 202-324-8088.
SUPPLEMENTARY INFORMATION: In this document, the FBI finalizes a
regulation proposed on September 7, 2011 (76 FR 55332), regarding the
FBI APW Seal Program. In this regulation, the FBI extends access to the
APW Seal to all United States copyright holders, subject to specific
conditions of use.
A. Discussion
The FBI APW Seal is a modified image of the FBI's Official Seal
with the words ``FBI Anti-Piracy Warning'' superimposed on it. The APW
Seal was designed to graphically enhance the impact of language warning
users of copyrighted media about the potential consequences of
intellectual property crime, and the FBI's role in investigating such
crime. It serves as a vivid and widely recognizable reminder of the
FBI's authority and mission with respect to the protection of
intellectual property rights.
Beginning in December 2003, the FBI implemented a pilot program in
which the FBI entered into separate Memoranda of Understanding with
each of five entertainment and software industry associations. Members
of these associations were able to request approval to use the APW Seal
from the association, and the association administered the process and
record-keeping. Largely as a result of this program, the APW Seal and
its anti-piracy message have reached a large segment of the public.
Unfortunately, the pilot program also had the effect of excluding non-
members of these five associations from being able to use the APW Seal
on their works.
In order to enhance the availability, use, and effectiveness of the
APW Seal on lawful, copyright-protected works, this rule establishes a
regulation governing the use of the APW Seal. The image of the APW Seal
will be made available on the FBI's Web site, and it may be downloaded
for use on eligible works as specified in the text of the regulation
below. There will be no fee associated with using the APW Seal. This
regulation will be a significant improvement over the current program,
which has tended to limit the use of the APW Seal and requires each
user to enter into a written agreement governing the use. Once this
regulation is effective, the FBI will work with the participating
associations to terminate the pilot program.
B. Overview of Public Comments Received
All public comments were considered in preparing this final rule.
Of the forty-five comments received, most expressed general agreement
with the proposed rule. Twenty-four comments specifically noted the
benefits of expanding the use of the APW Seal beyond the five
associations participating in the pilot program. Many of these spoke
favorably about eliminating the financial and administrative obstacles
to use of the APW Seal under the pilot program. Four comments noted the
benefits of speed and ease of access offered by the proposed on-line
process for obtaining the APW Seal.
The comments received from self-identified copyright holders
expressed strong support for the proposed rule. For example, two
comments from organizations in the spectator sports and independent
film industries highlighted the direct negative impact that copyright
piracy has on each industry. These comments noted that the ``perishable
nature'' of live sporting events and the need to justify income
projections in order to secure financing for independent films leaves
these industries vulnerable to the financial consequences of piracy.
These comments support the FBI's belief that increased availability of
the APW Seal will assist copyright holders in educating users and
protecting their works from piracy.
Six comments expressed opposition to the proposed rule, noting
various concerns either with the effectiveness of the APW Seal program
in deterring piracy generally, or with the new direction outlined in
the proposed rule. These included assertions that the APW Seal and
accompanying warning do not effectively deter piracy of intellectual
property and are a waste of FBI resources; that the lack of positive
control over who downloads the APW Seal could lead to increased misuse
of the APW Seal and undermine the effectiveness of the anti-piracy
message and the FBI's reputation; and that the APW Seal program and
other United States Government efforts to combat copyright piracy are
merely the product of pressure from the entertainment industry.
The FBI responds to these comments with three points. First, the
FBI believes that the APW Seal and accompanying warnings convey
important messages to the public and are a significant component of its
efforts to deter and to investigate federal crimes involving the piracy
of intellectual property. Allowing use by copyright holders who are not
members of industry associations will enhance those efforts. Second,
although broader access may make unauthorized use more likely, this
concern is overshadowed by the value of
[[Page 41317]]
increasing public awareness of these prohibitions and the FBI's role in
investigating related criminal activity. Finally, although the FBI
works closely with industry groups to combat piracy, it was the volume
of requests to use the APW Seal from outside the entertainment industry
associations participating in the pilot program, and the costs of
negotiating agreements with individual copyright holders, that in large
part spurred the revisions to the program reflected by this regulation.
One comment asserted that the Anti-Counterfeiting Trade Agreement
(ACTA) is unconstitutional, while expressing support for the proposed
rule. The assertion regarding ACTA is not relevant to the present
rulemaking, which is being promulgated pursuant to the Department's
statutory and regulatory authority concerning use of the official
insignia of the FBI and the United States Department of Justice.
C. Comments on Specific Sections of the Proposed Rule
Several comments sought clarification or suggested changes to the
proposed rule. One comment suggested that the language in paragraph
(e)(1) that the ``APW Seal may only be used on works subject to
protection as intellectual property,'' is a vague standard and may lead
to confusion as to whether a work must be registered with the United
States Copyright Office prior to the owner using the APW Seal. Two
additional comments evidenced confusion as to whether the APW Seal is
available for use on unregistered works, while another comment
recommended that the APW Seal be limited to ``officially copyrighted''
works. The FBI assumes this comment referred to ``registered'' works.
One additional comment suggested that the references to particular
United States Code sections, such as are at paragraph (e)(1), are
confusing and make it difficult to determine exactly who may use the
APW Seal.
The FBI intends that the APW Seal be available for use on works
protected under federal criminal statutes prohibiting piracy of
copyrighted material. Registration is not necessary for such
protection, as provided in Title 17, United States Code, Section
408(a). The FBI revised paragraph (e)(1) to clarify that the APW Seal
is available for use only on copyrighted works, as opposed to other
types of intellectual property.
One comment suggested that the phrase ``other applicable law''
should be clarified in paragraph (d)(2). As indicated in paragraph (c),
use of the APW Seal, except as authorized by this regulation, would
likely violate Title 18, United States Code, Section 701, which
provides criminal sanctions for unauthorized uses of approved agency
insignia. Additionally, Title 18, United States Code, Section 709
prohibits certain unauthorized uses of the name and initials of the FBI
that suggest FBI endorsement, approval, or authorization. This
prohibition could well be implicated in an unauthorized use of the APW
Seal. Because the FBI cannot predict all of the other possible
circumstances of misuse and the statutes that they might implicate, the
FBI believes the current wording of paragraph (d)(2) is appropriate.
One comment expressed confusion as to the purpose of paragraph
(e)(4), which encourages use of copy protection and anti-circumvention
techniques. Paragraph (e)(3) requires users to obtain the Seal from the
FBI's public Web site so that the FBI has an opportunity to provide
additional notice of the conditions of use, and other pertinent
information, before the image is downloaded. Use of copy protection and
anti-circumvention techniques is encouraged to help prevent
unauthorized copying and use of the APW Seal by individuals who may not
be aware of the limitations in this regulation.
One comment indicated confusion as to the intent and effect of
paragraph (f)(2)'s prohibition on use of the APW Seal on works that
cannot lawfully be distributed by United States mail. The comment
suggested that this paragraph would allow the APW Seal to be used on,
for example, child pornography distributed through FedEx, UPS, or other
non-United States Postal Service carriers. The language used in
paragraph (f)(2) was intended to prohibit use of the APW Seal on types
of works, such as child pornography, that cannot lawfully be
distributed in or affecting interstate commerce under federal law. The
prohibition does not depend on whether the work is actually
distributed, or the actual means of distribution. To more closely track
the language used in the federal statutes governing such works, such as
Title 18, United Sates Code, Section 2252A, the FBI has revised
paragraph (f)(2) to read: ``whose production, sale, public
presentation, or distribution by mail or in or affecting interstate
commerce would violate the laws of the United States.''
One comment suggested that paragraph (f)(4)(B) of the proposed rule
is confusing, and offered alternative language. The comment stated
that, as written, paragraph (f)(4)(B) ``falsely suggests that a lawful
user of the [APW] Seal is not entitled to protection of the law.'' The
FBI disagrees. This paragraph prohibits use of the APW Seal in a manner
suggesting that the FBI has made a determination as to the work's
eligibility for copyright protection. The APW Seal does not indicate
that the FBI has made such a determination regarding the work and to
indicate otherwise would be misleading. The language is sufficiently
clear.
One comment recommended changing ``may'' to ``shall'' throughout
the proposed rule for clarity. To reduce any ambiguity, the FBI has
reviewed the regulatory language and changed ``may'' to ``shall'' and
``may not'' to ``shall not'' as appropriate. In addition, the FBI has
rewritten paragraph (d)(1) as ``* * * subject to the terms and
conditions set forth in this section'' (emphasis added) to clarify that
use of the APW Seal is governed by the terms and conditions in the
entire section, 41 CFR 128-1.5009, rather than only what is contained
in paragraph (d). Additionally, the reference to the United States Code
in paragraph (e)(1) was reformatted for consistency with paragraphs (c)
and (d)(2).
Two other comments questioned how the APW Seal would help detect
violations of law, as stated in paragraph (a) of the proposed rule. The
FBI believes that by increasing public awareness about criminal
copyright violations and the FBI's investigative role, the APW Seal may
not only help deter potential violators, but may increase the
likelihood that individuals with information related to such violations
will report that information so it can be investigated.
One comment recommended that the FBI keep the original authorized
warning language used in the pilot program, which specified the
applicable fines and potential prison sentences, in lieu of the
authorized warning language in the proposed rule at paragraph
(e)(2)(i). Although the FBI has not changed the authorized warning
language from the proposed rule to the final rule, alternative
authorized warning language specifying potential fines and prison
sentences will be made available on the FBI's Web site pursuant to
paragraph (e)(2). This will allow the FBI to more easily update the
authorized warning language if the specific penalties are changed in
the applicable statutes.
One comment expressed concern that statements in the Regulatory
Certifications section of the proposed rule pertaining to the Unfunded
Mandates Reform Act of 1995 (UMRA), the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), and Executive Order 12866,
[[Page 41318]]
section 3(f) asserting that the rule will have less than $100 million
in economic impact were unsubstantiated by any data provided. In
response, the FBI notes that, as was discussed in the notice of
proposed rulemaking and above in this final rule, since December 2003
the FBI has conducted an APW Seal pilot program with five entertainment
and software industry associations. Nothing that has come to the FBI's
attention in the over eight years of the APW Seal pilot program
suggests that this rule would have an economic impact of anywhere close
to $100 million. Further, as also noted above, there will be no fee
associated with using the APW Seal.
The comment also expressed concern that by designating this rule as
not being a ``significant'' regulatory action the Department made a
determination on a budgetary or economic issue in a manner that
precluded evaluation by the Office of Management and Budget (OMB) under
that Executive Order. The FBI responds that, pursuant to Executive
Order 12866 section 6(a)(3)(A) and before publication it provided OMB
with summaries both of the proposed and of the final rule on this
subject. The summaries were reviewed by OMB and OMB concurred with the
Department's assertion that this rule is not a ``significant''
regulatory action. It is the Department's experience that if OMB has
any uncertainty regarding the correctness of an agency's assertion that
a rulemaking is ``non-significant,'' OMB will either request an
informal full text copy of the rule or will designate the rule as
``significant,'' thus initiating a formal review pursuant to Executive
Order 12866. The phrasing of the Executive Order 12866/Executive Order
13563 certification in this rulemaking that ``accordingly this rule has
not been reviewed by the Office of Management and Budget'' indicates
that OMB has not conducted a formal review.
D. Comments Related to the FBI's APW Seal Program Generally
Thirteen comments expressed a general concern that greater
accessibility will lead to, or at least facilitate, an increase in
misuse of the APW Seal. These comments suggest that the proposed system
of making the APW Seal available on the FBI's Web site will be more
difficult to police than the pilot program. Ten comments expressed
varying degrees of concern as to the possibility that widespread use of
the APW Seal may ``dilute'' the value of the image and the FBI's
message. While the FBI recognizes these potential effects of the new
rule, they are outweighed by the expected benefits of increasing the
presence of the anti-piracy message across the board to include
copyrighted works that may have been ineligible under the pilot
program. Additionally, the APW Seal will remain protected by criminal
statutes, to include Title 18, United States Code, Sections 701 and
709.
Two comments noted that despite the text of the regulation, the
public may perceive the APW Seal as the FBI's endorsement of a
particular work or product, and believe that the work is entitled to
protection. Paragraph (f)(4)(ii) specifically provides that the APW
Seal shall not be used in any manner ``indicating that the FBI has
determined that a particular work or portion thereof is entitled to
protection of the law.'' The FBI does not review specific works to
determine whether they are entitled to copyright protection. To further
clarify this point, the FBI plans to include information on its public
Web site (http://www.fbi.gov) to assist in educating individual users
of the APW Seal, and the public at large.
Six comments recommended that the FBI establish a system to verify
that users have a legitimate copyright interest in the work on which
they seek to place the APW Seal. The FBI does not have the resources to
establish such a system and does not consider such a system necessary
to achieve the purposes of this regulation. Accordingly, the FBI
declines to incorporate this recommendation into the final rule.
Three comments suggested that FBI and Interpol anti-piracy warnings
should be ``skippable'' prior to movies or other material. Nothing in
this regulation requires users of the APW Seal to prevent viewers from
skipping past these warnings, nor is the industry prohibited from
continuing the practice.
Two comments suggested that the FBI charge fees of some or all
users of the APW Seal. Charging fees would deter use of the APW Seal.
Another comment recommended making use of the APW Seal mandatory on
copyright-protected works to assist in identification of counterfeits.
The FBI does not have authority to mandate use of the APW Seal.
Two comments also suggested that rather than allow individual
copyright owners to use the APW Seal, the FBI should continue to work
through industry associations. One of these two comments also suggested
that the APW Seal should indicate that the user is part of an
association that works closely with the FBI to stop piracy. The APW
Seal is not intended to indicate that the FBI works more closely with
one group than another.
Two comments pointed out potential problems with applying the APW
Seal to certain media, such as photographs or Web sites. One of these
comments suggested that copyright owners who choose not to use the APW
Seal will be disadvantaged compared to owners of works that more
readily lend themselves to application of the APW Seal. Two comments
suggested that widespread use of the APW Seal, as will be allowed under
this regulation, may lead to a public belief that any work not bearing
the APW Seal is not protected by copyright law. Use of the APW Seal in
no way affects the protection that a work is entitled to under the law.
The FBI believes that the value of the APW Seal outweighs the risk of
possible confusion, but intends to clarify this matter on its public
Web site.
Five comments also expressed a concern that the broader
accessibility of the APW Seal may have a ``chilling effect'' on fair
use, as some copyright holders may attempt to use the APW Seal to
discourage uses of their copyrighted work that would otherwise be
permissible under the fair use doctrine. The FBI fully recognizes that
fair use, which is authorized under Title 17, United States Code,
Section 107, does not constitute infringement, much less a federal
crime. The warning language does not suggest otherwise. The FBI intends
to address this matter on its public Web site.
Four comments noted generally that the APW Seal is a ``passive
warning'' and not a sufficiently effective means to deter intellectual
property piracy. Another comment suggested the FBI's warning should be
modified to prevent ``ad burnout'' by using a graphic to show the
negative impact of the piracy problem. The APW Seal program is part of
a much larger government-wide effort to combat intellectual property
piracy. Due to the nature of the program and the crime itself, it is
difficult to measure the effectiveness of the APW Seal program at
preventing piracy. Based on feedback from the pilot program and the
volume of requests to use the APW Seal, however, the FBI believes that
continuing the APW Seal program as expanded in this regulation is a
worthwhile effort.
Four comments offered suggestions in regard to making, allowing, or
preventing modifications to the appearance of the APW Seal related to
size and color, banning other text on the same page or screen as the
APW Seal, or a requirement for a border or other division to separate
the image from any user-provided content. Two of these
[[Page 41319]]
comments suggested the FBI adopt a requirement for a border or minimum
space around the APW Seal in order to more clearly separate it from
other information on the same page or screen. The FBI agrees that this
requirement would assist in limiting confusion as to the FBI's message.
Accordingly, the FBI has modified paragraph (e)(2) to require a border
any time the APW Seal is used on anything other than a blank screen or
page, such as on media packaging. The FBI would not consider
enlargement or reduction in size of the image downloaded to be a
prohibited alteration of the image under this regulation. The FBI
declines to adopt the recommendations on this topic related to other
alterations as such flexibility could detract from the impact of the
APW Seal in evoking the FBI's involvement in enforcement of anti-piracy
laws.
Two comments recommended that the FBI implement some form of click-
through informational pages or a pop-up notifying the user attempting
to download the APW Seal of the conditions of use, and the possible
penalties for unauthorized use. Another comment recommended that the
APW Seal be more accessible on the FBI's Web site than the current APW
Seal informational page, requiring fewer clicks to reach. The FBI will
take these recommendations into account in designing the APW Seal
program pages and download procedure.
One comment suggested that the FBI disallow use of the ``authorized
warning language'' alone, which may be found at paragraph (e)(2)(i) of
the rule, now that the APW Seal itself is available to all copyright
holders. The FBI recognizes that some copyright-protected works may not
lend themselves well to application of the APW Seal, and so will
continue to allow use of the warning language alone for those users who
find it more suitable to their needs.
One comment expressed an opinion that inclusion of the APW Seal on
a copyrighted work should not establish per se the willful intent
element of criminal copyright infringement (Reference Title 17, United
States Code, Section 506(a)(1)). The evidentiary value of the use of
the APW Seal or other warning in a particular case is not a matter to
be determined via regulation by the FBI.
Several comments made recommendations regarding the role of the APW
Seal in the FBI's overall law enforcement efforts relating to piracy of
intellectual property. One comment suggested that the FBI should
consider a comprehensive ``brand marketing strategy'' for the APW Seal,
including guidance on how to use the APW Seal and how to report
suspected piracy. Additionally, this comment suggested that the FBI
work closely with industry associations and focus on enforcement. This
comment, as well as one additional comment, suggested the FBI develop a
system for reporting misuse of the APW Seal. Finally, one comment
recommended that the FBI clarify that purchasing a counterfeit product
is illegal and explain the ramifications of supporting the
counterfeiting industry.
As noted previously, the APW Seal program is one aspect of a larger
anti-piracy effort. The FBI, both independently and through its
partnership with other federal agencies and the National Intellectual
Property Rights Coordination Center (``IPR Center''), is currently
working to increase public awareness of the issues related to copyright
piracy and other intellectual property theft. The FBI works closely
with industry associations to maximize the impact of enforcement
efforts, and will continue to do so as long as it is beneficial to the
FBI's mission with regard to intellectual property crime. More
information about these efforts, the negative impacts of piracy and of
supporting the counterfeiting industry, and how to report suspected
piracy or IP theft is available on the FBI and IPR Center Web sites
(http://www.iprcenter.gov).
Regulatory Certifications
Regulatory Flexibility Act
The Assistant Attorney General for Administration, in accordance
with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed
this final rule and, by approving it, certifies that this rule will not
have a significant economic impact on a substantial number of small
entities. Subject to the terms and conditions set forth, this rule
allows copyright holders to use the APW Seal on copyrighted works to
help detect and deter criminal violations of United States intellectual
property laws by educating the public about the existence of these laws
and the authority of the FBI to enforce them.
Executive Orders 12866 and 13563--Regulatory Review
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'' section 1(b),
Principles of Regulation and in accordance with Executive Order 13563,
``Improving Regulation and Regulatory Review'' section 1(b), General
Principles of Regulation.
The Department of Justice has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review, and accordingly this rule has not
been reviewed by OMB.
Further, both Executive Orders 12866 and 13563 direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. The Department has assessed the costs and
benefits of this regulation and believes that the regulatory approach
selected maximizes net benefits.
Executive Order 12988--Civil Justice Reform
This final rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Executive Order 13132--Federalism
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Unfunded Mandates Reform Act of 1995
This final rule will not result in the expenditure by State, local,
and tribal governments (in the aggregate) or by the private sector of
$100 million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This final rule is not a major rule as defined by section 804 of
the Small Business Regulatory Enforcement Fairness Act of 1996. This
final rule will not result in an annual effect on the United States
economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
[[Page 41320]]
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets. Subject to the terms and conditions set forth, this
rule merely allows copyright holders to use the APW Seal on copyrighted
works to help detect and deter criminal violations of United States
intellectual property laws by educating the public about the existence
of these laws and the authority of the FBI to enforce them.
List of Subjects in 41 CFR Part 128-1
Government property, Seals and insignia, Copyright, Intellectual
property.
Accordingly, for the reasons set forth in the preamble, part 128-1
of chapter 128 of Title 41 of the Code of Federal Regulations is
amended as follows:
PART 128-1--[AMENDED]
0
1. The authority citation for part 128-1 is revised to read as follows:
Authority: 5 U.S.C. 301, 40 U.S.C. 121(c), 41 CFR 101-1.108,
and 28 CFR 0.75(j), unless otherwise noted.
0
2. Add Sec. 128-1.5009 to read as follows:
Sec. 128-1.5009 Authorization for Use of the Federal Bureau of
Investigation Anti-Piracy Warning Seal.
(a) Purpose. The Federal Bureau of Investigation (FBI) Anti-Piracy
Warning Seal (``APW Seal'') is an official insignia of the FBI and the
United States Department of Justice. The purpose of the APW Seal is to
help detect and deter criminal violations of United States intellectual
property laws by educating the public about the existence of these laws
and the authority of the FBI to enforce them.
(b) The APW Seal is a modified image of the Official FBI Seal with
the words ``FBI ANTI-PIRACY WARNING'' displayed horizontally across its
center in an enclosed border, whether rendered in color, black and
white, outline, or otherwise.
(c) The APW Seal has been approved by the Attorney General as an
official insignia of the FBI within the meaning of Title 18, United
States Code, Section 701, which provides criminal sanctions for
unauthorized uses of such insignia.
(d)(1) The regulations in this section authorize use of the APW
Seal by copyright holders on copyrighted works including, but not
limited to films, audio recordings, electronic media, software, books,
photographs, etc., subject to the terms and conditions set forth in
this section.
(2) Use of the APW Seal or of the authorized warning language in a
manner not authorized under this section may be punishable under Title
18, United States Code, Sections 701, 709, or other applicable law.
(e) Conditions regarding use of the APW Seal. (1) The APW Seal
shall only be used on copyrighted works subject to protection under
United States Criminal Code provisions such as those in Title 18,
United States Code, Sections 2319, 2319A, and 2319B.
(2) The APW Seal shall only be used immediately adjacent to the
authorized warning language. ``Authorized warning language'' refers to
the language set forth in paragraph (e)(2)(i) of this section, or
alternative language specifically authorized in writing for this
purpose by the Director of the FBI or his or her designee and posted on
the FBI's official public Internet Web site (http://www.fbi.gov).
Except as authorized pursuant to paragraph (f)(1), the APW Seal and
authorized warning language shall be enclosed by a plain box border at
all times that other text or images appear on the same screen or page.
(i) ``The unauthorized reproduction or distribution of a
copyrighted work is illegal. Criminal copyright infringement, including
infringement without monetary gain, is investigated by the FBI and is
punishable by fines and federal imprisonment.''
(ii) [Reserved]
(3) The APW Seal image must be obtained from the FBI's official
public Internet Web site (http://www.fbi.gov). The APW Seal image shall
not be animated or altered except that it may be rendered in outline,
black and white, or grayscale.
(4) In programming or reproducing the APW Seal in or on a work,
users are encouraged to employ industry-recognized copyright anti-
circumvention or copy protection techniques to discourage copying of
the FBI APW Seal, except that such techniques need not be used if no
other content or advertising programmed into the same work on the same
media utilizes such copyright anti-circumvention or copy protection
techniques.
(f) Prohibitions regarding use of the APW Seal. (1) The APW Seal
shall not be used in a manner indicating FBI approval, authorization,
or endorsement of any communication other than the authorized warning
language. No other text or image that appears on the same screen, page,
package, etc., as the APW Seal or authorized warning language shall
reference, contradict, or be displayed in a manner that appears to be
associated with, the APW Seal or authorized warning language, except as
authorized in writing by the Director of the FBI or his or her designee
and posted on the FBI's official public Internet Web site (http://www.fbi.gov).
(2) The APW Seal shall not be used on any work whose production,
sale, public presentation, or distribution by mail or in or affecting
interstate commerce would violate the laws of the United States
including, but not limited to, those protecting intellectual property
and those prohibiting child pornography and obscenity.
(3) The APW Seal shall not be forwarded or copied except as
necessary to display it on an eligible work.
(4) The APW Seal shall not be used in any manner:
(i) Indicating that the FBI has approved, authorized, or endorsed
any work, product, production, or private entity, including the work on
which it appears;
(ii) Indicating that the FBI has determined that a particular work
or portion thereof is entitled to protection of the law; or,
(iii) Indicating that any item or communication, except as provided
herein, originated from, on behalf of, or in coordination with the FBI,
whether for enforcement purposes, education, or otherwise.
Dated: June 28, 2012.
Lee J. Lofthus,
Assistant Attorney General for Administration.
[FR Doc. 2012-16506 Filed 7-12-12; 8:45 am]
BILLING CODE 4410-02-P