Part

5 Filming of motion or sound pictures on areas under the jurisdiction of the Department of the Interior. [Added]

PART 5-FILMING OF MOTION OR SOUND PICTURES ON AREAS UNDER THE JURISDICTION OF THE DEPARTMENT OF THE INTERIOR

Sec.

5.1 Written permission necessary for filming motion or sound pictures; exceptions. 5.2 Fees. 53 Restrictions and conditions governing issuance of filming permit.

5.4 Wildlife must be filmed in natural state. 5.5 Report by official in charge of area. 5.6 Form of application.

AUTHORITY: §§ 5.1 to 5.6, inclusive, issued under R.S. 161, 453, 463, 2478, sec. 10, 32 Stat. 390, sec. 3, 39 Stat. 535, sec. 10, 45 Stat. 1224, sec. 2, 48 Stat. 1270; U.S.C. 22, 43 U.S.C. 2, 25 U.S.C. 2, 43 U.S.C. 1201, 373, 16 US.C. 3, 7151, 43 U.S.C. 315a.

SOURCE: $5.1 to 5.6, inclusive, contained in Order 2029, Secretary of the Interior, Feb. 26, 1945, 10 F.R. 2522.

§ 5.1 Written permission necessary for filming motion or sound pictures; exceptions. Before any motion or sound picture may be filmed, except by amateurs and bona fide news reel photographers, on any area under the jurisdiction of the Department of the Interior (except on areas administered by the Office of Indian Affairs, where the taking of motion and sound pictures shall be governed by the special provisions set forth below), permission must first be obtained, in writing, from the official in charge of the particular area involved. Application for such permission should be submitted substantially in accordance with the form prescribed in § 5.6.

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Part

5

63

402

501

6 Regulations for licensing patents and inventions. [Added]

§ 5.2 Fees. Charges shall be made only for the taking of feature motion or sound pictures involving sets, professional casts, and technical crews. The amount of the fee to be paid or of the donation to be made shall be determined in each case by the proper official in accordance with the following formulae:

(a) On areas administered by the General Land Office, the Fish and Wildlife Service, the Bureau of Reclamation, and the Grazing Service. (1) $10 per day for a cast of 1 to 5 persons.

(2) $25 per day for a cast of 6 to 25 persons.

(3) $50 per day for a cast of 26 to 75 persons.

(4) $75 per day for a cast of 76 to 150 persons.

(5) $100 per day for a cast of more than 150 persons.

(b) On areas administered by the Office of Indian Affairs. (1) Anyone taking pictures of Indians, their homes, plazas, kivas, churches, etc., is expected to observe the ordinary courtesies of obtaining proper permission from the persons involved.

Some Indian groups prohibit the taking of pictures of ceremonials and sacred shrines. Others do not. Permission to take such pictures must be obtained beforehand from the proper official of the community.

(2) Before any picture may be made for commercial purposes on lands under the jurisdiction of the Office of Indian

Affairs, permission must be first obtained from the appropriate tribal officers. Limitations which they may impose must be scrupulously regarded.

(3) Any schedules of wages or salaries to be paid to any Indians who may be employed by the permittee must be approved by the Superintendent or other official in charge of the area or areas involved.

(c) On areas administered by the National Park Service. (1) $50 per day for a cast of 1 to 5 persons.

(2) $125 per day for a cast of 6 to 25 persons.

(3) $175 per day for a cast of 26 to 75 persons.

(4) $250 per day for a cast of 76 to 150 persons.

(5) The fee to be paid or donation to be made for a cast of more than 150 persons to be arrived at by negotiation with the proper official and to be subject to the approval of the Secretary of the Interior.

A charge shall be made only for days or fractions thereof that actual filming operations are carried on and shall not include the time spent in the area in the construction of sets in advance of filming and in cleaning up after the filming has been completed.

§ 5.3 Restrictions and conditions governing issuance of filming permit. Permission to take a motion or sound picture will be granted by the proper field official in his discretion and on condition that the permittee shall furnish a bond, or make a deposit in cash or by certified check, in an amount to be set by that official, to insure against damage to the area involved and to assure a clean-up after filming has been completed; on condition that the permittee shall refrain, in accordance with the Act of the Congress approved on March 3, 1917 (39 Stat. 1106), from offering any gratuity of whatsoever nature to any employee of the Government in connection with the exercise of the privilege granted; and on condition that the permittee shall give credit to the Department of the Interior in an appropriate courtesy title if any of the scenes photographed are used in travelogs or motion pictures taken for educational purposes.

§ 5.4 Wildlife must be filmed in natural state. Motion or sound pictures of

wildlife on any area administered by a bureau or division of the Department of the Interior shall be permitted only when such wildlife is shown in its natural state.

§ 5.5 Report by official in charge of area. When a feature motion or sound picture is to be filmed, the official in charge of the area concerned shall report to Washington immediately, through channels, that a permit authorizing it to be taken has been issued and its terms and conditions.

Upon completion of the filming by the permittee, it shall be the duty of the official in charge of the area to submit a full report to Washington, through channels, specifying the number of days the filming required, and giving, in general, the scope of the picture and the manner in which it was taken.

A copy of the approved application, accompanied by a copy of the required bond or by a statement that a deposit has been made, shall accompany the report.

§ 5.6 Form of application.

Application for permission to take a motion or a motion and sound picture under Department Order No. dated

imately permitting.

2. If any of the scenes filmed are used in travelogs or for use in motion pictures for educational purposes credit will be given to the Department of the Interior in an appropriate courtesy title.

3. The filming will be strictly in accordance with the applicable regulations of the Department of the Interior, and we will abide with any special instructions given to us by the official in charge of the abovenamed area. In addition, we will exercise the utmost care to see that no natural features are injured and that the area is left in a condition satisfactory to the official in charge of it.

6.1 Purpose of part.

62 Patents in which the Secretary of the Interior has transferable interests. 6.3 Unpatented inventions in which the Secretary of the Interior has transferable interests.

6.4 Licenses unnecessary for use or manufacture by or for the Government; exceptions.

6.5 Publicity concerning inventions. 6.6 Terms of licenses or sublicenses. 8.7 Procedure for issuance of licenses. 6.8 Evaluation Committee.

6.9 Repeal of inconsistent regulations.

AUTHORITY: §§ 6.1 to 6.9, inclusive, issued under R.S. 161, 5 U.S.C. 22; 58 Stat. 190, 30 U.S.C., Sup., 321-325.

SOURCE: 6.1 to 6.9, inclusive, contained in Order 2086, Acting Secretary of the Interior, Aug. 11, 1945, 10 F.R. 10125.

§ 6.1 Purpose of part. It is the purpose of this part to secure for the people of the United States the full benefits of Government research and investigation in the Department of the Interior (a) by providing means for circulating information concerning patents and inventions in which the Secretary of the Interior has transferable interests which are available for licensing; (b) by providing a simple procedure under which

such licenses may be obtained by the public; (c) by providing adequate protection for the inventions until such time as they may be made available for licensing without undue risk of losing patent protection to which the public is entitled.

§ 6.2 Patents in which the Secretary of the Interior has transferable interests. Patents in which the Secretary of the Interior has transferable interests, and upon which he may issue licenses or sublicenses, are classified as follows:

(a) Patents assigned without restrictions to the United States, as represented by the Secretary of the Interior, by employees or nonemployees of the Interior Department, whether or not required by law, regulation (see Departmental Order No. 1763 of November 17, 1942, 7 F.R. 10161), or contract, except as provided in § 6.2 (c) hereof. These patents will hereinafter be referred to as Class (a) patents.

(b) Patents licensed to the Secretary of the Interior with the right to sublicense, or assigned to the Secretary of the Interior as trustee for the people of the United States, or assigned to the Secretary of the Interior upon such terms as to effect a dedication to the people of the United States, or conveyed by other means restricting the control of the patent under the terms of the conveyance. These patents will hereinafter be referred to as Class (b) patents.

(c) Patents and patent rights acquired by the Secretary of the Interior pursuant to the act of April 5, 1944 (58 Stat. 190, 30 U.S.C. secs. 321-325), and any amendments thereof, hereinafter referred to as Class (c) patents.

§ 6.3 Unpatented inventions in which the Secretary of the Interior has transferable interests. The Secretary of the Interior may also have patent rights in, and may issue licenses upon, inventions which are not yet patented. In order to protect the patent rights of the Department, for the eventual benefit of the public, a license may be granted with respect to such an invention only if (a) a patent application has been filed thereon; (b) the invention has been assigned to the United States, as represented by the Secretary of the Interior, and the assignment has been recorded in the Patent Office; and (c) the solicitor of the Department is of the opinion that the issuance of a license will not prejudice the interests of the Department in the in

vention. Such licenses shall be upon the same terms as licenses relating to patents of the same class, as described in § 6.2.

§ 6.4 Licenses unnecessary for use or manufacture by or for the Government; exceptions. A license from the Secretary of the Interior is not required with respect to the manufacture or use of any invention patented under the act of March 3, 1883 (22 Stat. 625), as amended by the act of April 30, 1928 (45 Stat. 467, 35 U.S.C. sec. 45), or assigned or required to be assigned without restrictions or qualifications to the United States, as represented by the Secretary of the Interior, when such manufacture or use is by or for the Government for governmental, and no other, purposes. A license or sublicense may be required, however, in the case of Class (b) patents or patent rights when the terms under which the Secretary of the Interior acquires interests therein necessitate the issuance of a license or sublicense in such circumstances.

§ 6.5 Publicity concerning inventions. (a) In order that the public may obtain the greatest possible benefit from inventions in which the Secretary of the Interior has transferable interests, inventions assigned to the Secretary upon which intent applications have been filed shall be publicized as widely as possible within legal limitations of authority, by the Department, by the originating bureau, by the branch or division of that bureau in which the inventor is employed, and by the inventor himself in his contacts with industries in which the invention is or may be useful. Regular organs of publication shall be utilized to the greatest extent possible. In addition, it shall be the duty of the Solicitor of the Department, upon being advised of the issuance of any patent assigned to the Secretary, to take steps towards listing the patent as available for licensing in the register in the Patent Office established for that purpose.

(b) In order to preserve rights in unpatented inventions for the people of the United States prior to the filing of patent applications thereon, no description, specification, plan or drawing of any unpatented invention upon which a patent application may be filed shall be furnished to anyone not employed by the Department of the Interior or engaged in working on a cooperative or other project approved by the Department un

less the Solicitor of the Department is of the opinion that the interests of the Department and of the people of the United States in the invention will not be prejudiced thereby.

§ 6.6 Terms of licenses or sublicenses. In order to make inventions developed in the Department of the Interior more available to the people of the United States, the terms of licenses and sublicenses issued pursuant to these regulations shall be as unrestrictive as the laws of the United States and sound administrative practice will permit.

Licenses and sublicenses of Class (c) patents and patent rights shall be granted by the Secretary of the Interior upon such terms and conditions as he may hereafter prescribe pursuant to sections 3 and 5 of the act of April 5, 1944, and any amendments thereof.

Licenses and sublicenses of Class (a) and (b) patents and patent rights shall be nontransferable. They shall be revocable only for violation of the terms of the license or as provided therein upon a finding by the Secretary of the Interior or any person designated by him, after reasonable notice and an opportunity to be heard, that withdrawal of rights conveyed thereunder is in the public interest. Licensees and sublicensees, except in cases where such a requirement would conflict with the terms under which Class (b) patents or patent rights are acquired, may be required to submit annual or more frequent technical or statistical reports concerning "know how" obtained through the exercise of the license or sublicense, the number or quantity of articles produced under the license or sublicense, and other related subjects. Such requirements shall be incorporated into the license or sublicense.

In addition to the general terms stated above, the issuance of licenses and sublicenses shall be governed by the following provisions applicable to the separate classes:

(a) Licenses of Class (a) patents and patent rights may be made available to properly qualified applicants royaltyfree, upon a satisfactory showing that the public will be benefited thereby. If no such showing is made, licenses shall be granted only upon a reasonable royalty or other consideration, the amount or character of which may be determined by the Secretary of the Interior or any person or persons designated by him.

A cross licensing agreement may be considered adequate consideration.

(b) Licenses of Class (b) patents and patent rights shall be granted in accordance with the provisions of paragraph (a) hereof; Provided, however, That if such provisions conflict with the terms of the instruments conveying such patents or patent rights to the Secretary of the Interior, then the licenses shall be made to conform with such terms.

§ 6.7 censes.

Procedure for issuance of li(a) Any person desiring a license relating to an invention upon which the Secretary of the Interior owns a patent or patent rights shall file with the Solicitor of the Department of the Interior an application for a license, identifying the applicant, his address and citizenship, his business, the patent or invention upon which he desires a license, and stating the purpose for which he desires a license, his experience in the field of the desired license, any patents, licenses. or other patent rights which he may have in the field of the desired license, and the benefits, if any, which the applicant expects the public to derive from his proposed use of the invention.

(b) It shall be the duty of the Solicitor, after consultation with the bureau or office in the Department of the Interior most directly interested in the patent or invention involved, and with the Evaluation Committee established in accordance with § 6.8, if royalties are to be charged, to determine whether the application is complete and the applicant qualified for the license desired, and to recommend to the Secretary the denial or granting of a license. If he recom

mends that a license be granted, he shall draft an appropriate license for the signature of the Secretary, including provisions as to consideration, as well as special provisions desired by the bureau or office consulted.

(c) If any inquiry concerning a proposed license or application is made to any bureau or office of the Department, the bureau or office shall refer the correspondence to the Solicitor, who shall answer all inquiries. If a completed application is received by a bureau or office, the recommendations of such bureau or office shall be transmitted to the Solicitor before or in lieu of the consultation referred to in paragraph (b). This provision shall not be interpreted to relieve any bureau or office of the duty of promoting the use of any invention developed therein in accordance with the provisions of § 6.5.

§ 6.8 Evaluation Committee. At the request of the Solicitor, royalty rates in each instance shall be recommended to him by an Evaluation Committee with special knowledge of the subject matter of the invention, appointed by the Secretary. Such committee shall have authority to recommend royalty rates with respect to any patents or inventions for which royalties may be charged, whether or not an application for a license has been made.

§ 6.9 Repeal of inconsistent regulations. Any regulations hitherto issued concerning the licensing of specific patents assigned to the Secretary of the Interior which are inconsistent with this part are hereby repealed.