Guidelines for Use of DOC’s Intellectual Property (IP) Templates

With the rapid advancement and widespread use of digital media over the last 20 years, copyright and privacy concerns have become more pronounced, and policies have evolved to keep pace.  By using the IP templates developed by GLD to address common scenarios that DOC bureaus may encounter, the Department is ensuring its compliance with the requirements of the Copyright Act of 1976 and other applicable laws.

Likeness and Profile Release

• Where to Find Online: Intellectual Property | U.S. Department of Commerce > Item # 3
• When needed: Bureau wants to photograph, film, record, etc. a member of the public (i.e., non-DOC/non-governmental personnel) to use the individual’s likeness/appearance/voice for agency mission-related purposes.
• Examples of how Bureau may use the recordings/photographs/etc.: in the production of websites, videos, social media, documents, reports, story maps, podcasts, recorded webinars, and other outreach products.
• Each release form is activity specific, unless otherwise coordinated with GLD.  As such, each new purpose/activity will require its own release.  However, once the film/photo/recording/etc. of the activity is created, the Bureau may use it for any mission-related purpose without additional permission.
• This release is used only when the Bureau seeks permission to use a non-DOC/non-governmental individual’s likeness/appearance/voice.  If you are a DOC employee and are asked by a third party to allow the use of your own likeness/appearance/voice using a different Likeness and Profile Release, please contact GLD.

Copyright License

• Where to Find Online: Intellectual Property | U.S. Department of Commerce > Item # 5
• When needed: Bureau wants to use a Work (e.g., photo, video, song, drawing, slides, etc.) created by a third-party (i.e., member(s) of the public) or a Work created by government personnel acting in their personal capacity, for mission-related purposes.
• Examples of how Bureau may use a third-party Works: in the production of websites, videos, social media, documents, reports, story maps, podcasts, recorded webinars, and other outreach products.

• Each license is Work specific, unless otherwise coordinated with GLD.  Once the Bureau receives a Copyright License for a Work, it may use that Work for any mission-related purposes without additional permission for each use.   

Trademark License

• Where to Find Online: Intellectual Property | U.S. Department of Commerce > Item # 1 in Second Section
• When needed: Bureau wants to use another party’s logo for any activity.
• Note: if the other party’s logo is incorporated into another Work created by that party (e.g., a slide deck), and permission to use that Work has already been granted via a Copyright License, an additional Trademark License is not required.

Retention of Signed Forms

• Each office that collects these forms is responsible for keeping and retaining them as a record. If questions arise as to where a specific photo or video was taken, the records should be easily retrievable.  Until an approved electronic record keeping system is developed, forms should be kept on-site by the relevant office.  

Specific questions related to use of any of the IP Templates should be referred to the DOC’s Office of General Counsel, General Law Division, [email protected].