[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6845 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6845
To amend title 17, United States Code, with respect to works connected
to certain funding agreements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2008
Mr. Conyers (for himself, Mr. Issa, Mr. Wexler, and Mr. Feeney)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, with respect to works connected
to certain funding agreements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Copyright in Research Works
Act''.
SEC. 2. LIMITATIONS ON FEDERAL GOVERNMENT REGARDING EXTRINSIC WORKS.
(a) In General.--Section 201 of title 17, United States Code, is
amended by adding at the end the following new subsection:
``(f) Limitations on the Federal Government.--
``(1) Limitations regarding funding agreements.--No Federal
agency may, in connection with a funding agreement--
``(A) impose or cause the imposition of any term or
condition that--
``(i) requires the transfer or license to
or for a Federal agency of--
``(I) any right provided under
paragraph (3), (4) or (5) of section
106 in an extrinsic work; or
``(II) any right provided under
paragraph (1) or (2) of section 106 in
an extrinsic work, to the extent that,
solely for purposes of this subsection,
such right involves the availability to
the public of that work; or
``(ii) requires the absence or abandonment
of any right described in subclause (I) or (II)
of clause (i) in an extrinsic work;
``(B) impose or cause the imposition of, as a
condition of a funding agreement, the waiver of, or
assent to, any prohibition under subparagraph (A); or
``(C) assert any rights under this title in
material developed under any funding agreement that
restrain or limit the acquisition or exercise of rights
under this title in an extrinsic work.
Any term, condition, or assertion prohibited under subparagraph
(A), (B), or (C) shall be given no effect under this title or
otherwise.
``(2) Construction.--
``(A) Certain other rights not limited.--Nothing in
paragraph (1)(A)(i)(II) shall be construed to limit the
rights provided to the copyright owner under paragraphs
(1) and (2) of section 106.
``(B) No new copyright protection created.--Nothing
in this subsection provides copyright protection to any
subject matter that is not protected under section 102.
``(3) Definitions.--In this subsection:
``(A) Extrinsic work.--The term `extrinsic work'
means any work, other than a work of the United States
Government, that is based upon, derived from, or
related to, a funding agreement and--
``(i) is also funded in substantial part by
one or more other entities, other than a
Federal agency, that are not a party to the
funding agreement or acting on behalf of such a
party; or
``(ii) represents, reflects, or results
from a meaningful added value or process
contributed by one or more other entities,
other than a Federal agency, that are not a
party to the funding agreement or acting on
behalf of such a party.
``(B) Federal agency.--The term `Federal agency'
means any department, agency, or instrumentality of the
United States Government.
``(C) Funding agreement.--The term `funding
agreement' means any contract, grant, or other
agreement entered into between a Federal agency and any
person under which funds are provided by a Federal
agency, in whole or in part, for the performance of
experimental, developmental, or research activities.''.
(b) Applicability.--The amendment made by subsection (a) applies to
any funding agreement that is entered into on or after the date of the
enactment of this Act.
(c) Report to Congressional Committees.--Not later than the date
that is 5 years after the date of the enactment of this Act, the
Register of Copyrights shall, after consulting with the Comptroller
General and with Federal agencies that provide funding under funding
agreements and with publishers in the private sector, review and submit
to the appropriate congressional committees a report on the Register's
views on section 201(f) of title 17, United States Code, as added by
subsection (a) of this section, taking into account the development of
and access to extrinsic works and materials developed under funding
agreements, including the role played by publishers in the private
sector and others.
(d) Definitions.--In this section:
(1) Extrinsic work; federal agency; funding agreement.--The
terms ``extrinsic work'', ``Federal agency'', and ``funding
agreement'' have the meanings given those terms in section
201(f)(3) of title 17, United States Code, as added by
subsection (a) of this section.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
the Judiciary and the Committee on Appropriations of the House
of Representatives and the Committee on the Judiciary and the
Committee on Appropriations of the Senate.
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