[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5704 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5704
To amend title 10, United States Code, to allow faculty members at
Department of Defense service academies and schools of professional
military education to secure copyrights for certain scholarly works
that they produce as part of their official duties in order to submit
such works for publication, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2010
Mr. Platts (for himself, Mr. Skelton, Mr. McKeon, Mr. Snyder, and Mr.
Wittman) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Transportation and Infrastructure and Armed Services, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to allow faculty members at
Department of Defense service academies and schools of professional
military education to secure copyrights for certain scholarly works
that they produce as part of their official duties in order to submit
such works for publication, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF DEFENSE PERSONNEL WHO
ARE FACULTY MEMBERS AT DEPARTMENT OF DEFENSE SCHOOLS OR
OTHER ACADEMIES TO SECURE COPYRIGHTS FOR CERTAIN
SCHOLARLY WORKS.
(a) Authority.--(1) Chapter 53 of title 10, is amended by inserting
after section 1033 the following new section:
``Sec. 1033a. Faculty of service academies and Department of Defense
professional schools: limited authority to secure
copyrights for certain works
``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is a member of the Army, Navy, Air Force,
or Marine Corps, or a civilian employee of the Department of Defense,
and is a faculty member of an institution described in subsection (e)
may, notwithstanding section 105 or 201(b) of title 17, secure
copyright protection under title 17 for a qualifying work, but only for
purposes of publication by a scholarly press or journal for which such
a copyright is normally a requirement for publication or otherwise as
may be prescribed under regulations under this section.
``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
``(1) is prepared as part of a person's official duties;
and
``(2) meets such criteria as the Secretary of Defense may
prescribe by regulation as a scholarly work for which copyright
protection as provided in subsection (a) is warranted.
``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
``(d) Royalties, etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
``(1) The United States Military Academy, United States
Naval Academy, and United States Air Force Academy.
``(2) The National Defense University.
``(3) Any war college of the armed forces.
``(4) Any graduate-level college or university of the
Department of Defense.
``(5) The Coast Guard Academy.
``(6) The United States Merchant Marine Academy.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the purposes of this section. Such regulations shall
include provisions specifying the types of works for which copyright
protection may be secured by a person described in subsection (a).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1033 the
following new item:
``1033a. Faculty of service academies and Department of Defense
professional schools: limited authority to
secure copyrights for certain works.''.
(b) Effective Date.--Section 1033a of title 10, United States Code,
as added by subsection (a), shall apply only with respect to works
that, as determined under regulations prescribed under that section,
are produced after the date of the enactment of this Act.
(c) Deadline for Regulations.--The Secretary of Defense shall
prescribe regulations under subsection (f) of section 1033a of title
10, United States Code, as added by subsection (a), not later than 180
days after the date of the enactment of this Act.
SEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT COAST GUARD ACADEMY TO
SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS.
(a) Authority.--(1) Chapter 9 of title 14, is amended by inserting
after section 196 the following new section:
``Sec. 198. Limited authority for faculty members to secure copyrights
for certain works
``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is a member of the Coast Guard, or a
civilian employee of the Coast Guard, and is a faculty member of an
institution described in subsection (e) may, notwithstanding section
105 or 201(b) of title 17, secure copyright protection under title 17
for a qualifying work, but only for purposes of publication by a
scholarly press or journal for which such a copyright is normally a
requirement for publication or otherwise as may be prescribed under
regulations under this section.
``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
``(1) is prepared as part of a person's official duties;
and
``(2) meets such criteria as the Secretary may prescribe by
regulation as a scholarly work for which copyright protection
as provided in subsection (a) is warranted.
``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
``(d) Royalties, etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
``(1) The Coast Guard Academy.
``(2) The United States Merchant Marine Academy.
``(3) The United States Military Academy, United States
Naval Academy, and United States Air Force Academy.
``(4) The National Defense University.
``(5) Any war college of the armed forces.
``(6) Any graduate-level college or university of the
Department of Defense.
``(f) Regulations.--The Secretary shall prescribe regulations for
the purposes of this section. Such regulations shall include provisions
specifying the types of works for which copyright protection may be
secured by a person described in subsection (a).''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 196 the
following new item:
``198. Limited authority for faculty members to secure copyrights for
certain works.''.
(b) Effective Date.--Section 198 of title 14, United States Code,
as added by subsection (a), shall apply only with respect to works
that, as determined under regulations prescribed under that section,
are produced after the date of the enactment of this Act.
(c) Deadline for Regulations.--The Secretary of the department in
which the Coast Guard is operating shall prescribe regulations under
subsection (f) of section 198 of title 14, United States Code, as added
by subsection (a), not later than 180 days after the date of the
enactment of this Act.
SEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT UNITED STATES MERCHANT
MARINE ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN WORKS.
(a) Authority.--Title XIII of the Merchant Marine Act, 1936 (46
App. U.S.C. 1295 et seq.) is amended by adding at the end the following
new section:
``SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS TO SECURE COPYRIGHTS
FOR CERTAIN WORKS.
``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is an employee of the Department of
Transportation and is a faculty member of an institution described in
subsection (e) may, notwithstanding section 105 or 201(b) of title 17,
secure copyright protection under title 17 for a qualifying work, but
only for purposes of publication by a scholarly press or journal for
which such a copyright is normally a requirement for publication or
otherwise as may be prescribed under regulations under this section.
``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
``(1) is prepared as part of a person's official duties;
and
``(2) meets such criteria as the Secretary of
Transportation may prescribe by regulation as a scholarly work
for which copyright protection as provided in subsection (a) is
warranted.
``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
``(d) Royalties, etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
``(1) The United States Merchant Marine Academy.
``(2) The Coast Guard Academy.
``(3) The United States Military Academy, United States
Naval Academy, and United States Air Force Academy.
``(4) The National Defense University.
``(5) Any war college of the armed forces.
``(6) Any graduate-level college or university of the
Department of Defense.
``(f) Regulations.--The Secretary of Transportation shall prescribe
regulations for the purposes of this section. Such regulations shall
include provisions specifying the types of works for which copyright
protection may be secured by a person described in subsection (a).''.
(b) Effective Date.--Section 1308 of Merchant Marine Act, 1936, as
added by subsection (a), shall apply only with respect to works that,
as determined under regulations prescribed under that section, are
produced after the date of the enactment of this Act.
(c) Deadline for Regulations.--The Secretary of Transportation
shall prescribe regulations under section 1308 of Merchant Marine Act,
1936, as added by subsection (a), not later than 180 days after the
date of the enactment of this Act.
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