members of the public usually do not understand FOIA
request procedures, it is up to you to help them.
You must respond to FOIA requests within 10
working days. However, this may be an unrealistic
length of time because of your work schedule. When this
happens, you may take a formal time extension of up to
10 additional working days if you must take one or more
of the following actions:
Search for or collect records that are located, in
whole or in part, at places separate from the office
processing the request.
Search for, collect and examine a substantial
number of records in response to a request.
Consult with another naval activity or another
agency which has a substantial subject matter
interest in the determination of the request.
If you opt for a formal time extension, advise the
requester in writing and give the reason(s) for the
extension. Also indicate that the requester may make an
appeal to the appropriate appellate authority (such as the
judge advocate general or general counsel) within 60
Keep in mind that formal time extension letters must
be approved and signed by higher authority. In FOIA
terminology, this person is called the initial denial
The purpose of this section is to acquaint you with
some of the basic provisions of the FOIA Program.
More detailed information can be found in
SECNAVINST 5720.42 series and in PA Regs, Chapter
LEARNING OBJECTIVE: Define copyright
and recognize its provisions.
Another area of legal concern to the Navy journalist
is the laws governing copyright, which, unlike libel
laws, are federal statutes.
The copyright system is explained in detail in the
Copyright Act of 1976 (Title 17 of the United States
Code), which became effective on January 1,1978. This
act was the first general revision of the copyright law of
the United States since 1909. It made a number of
changes in our copyright system, and for the most part,
supersedes the previous federal copyright statute.
Copyright, according to the act, is a form of
protection provided by the federal government to the
authors of original works of authorship fixed in any
tangible medium of expression, now known or later
developed, from which they can be perceived,
reproduced or otherwise communicated, either directly
or with the aid of a machine or device.
Works of authorship include the following
Musical works, including any accompanying
Dramatic works, including any accompanying
Pantomimes and choreographic works
Pictorial, graphic and sculptural works
Motion pictures and other audiovisual works
It should be noted, however, that copyright
protection for an original work of authorship does not
extend to any idea, procedure, process, system, method
of operation, concept, principle or discovery, regardless
of the form in which it is described, explained,
illustrated or embodied in such work.
Some other categories of material generally not
eligible for statutory copyright protection include the
Works that have not been fixed in a tangible form
of expression; for example, choreographic works
that have not been notated or recorded, or
improvisational speeches or performances that
have not been written or recorded
Titles, names, short phrases and slogans; familiar
symbols or designs; mere variations of
typographic ornamentation, lettering or coloring;
mere listings of ingredients or contents
Works consisting entirely of information that is
common property and containing no original
authorship; for example, standard calendars,
height and weight charts, tape measures and rules