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Copyright status of works by the federal government of the United States

January 10, 2023

For guidance about copying from sources published by the U.S. government, see U.S. Government Works in Wikipedia:Public domain and Wikipedia:Copying material from free sources.

A work of the United States government, is defined by the United States copyright law, as "a work prepared by an officer or employee of the United States Government as part of that person's official duties."[1] Under section 105 of US copyright law,[2] such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.

This act only applies to U.S. domestic copyright as that is the extent of U.S. federal law. The U.S. government asserts that it can still hold the copyright to those works in other countries.[3][4]

Publication of an otherwise protected work by the U.S. government does not put that work in the public domain. For example, government publications may include works copyrighted by a contractor or grantee; copyrighted material assigned to the U.S. Government; or copyrighted information from other sources.[5] Further, the copyright status of works by subnational governments of the United States is governed by its own set of laws.

History

The first Federal statute concerning copyright in government publications was the Printing Law enacted in 1895.[6] Section 52 of that Act provided that copies of "Government Publications" could not be copyrighted.

Prior to 1895, no court decision had occasion to consider any claim of copyright on behalf of the Government itself. Courts had, however, considered whether copyright could be asserted as to the text of laws, court decisions, governmental rules, etc., and concluded that such material were not subject to copyright as a matter of public policy.[6] But other material prepared for State Governments by their employees, notably the headnotes, syllabi, annotations, etc. prepared by court reporters, had been held copyrightable on behalf of the States.[6]

The Copyright Act of 1909 was the first copyright statute to address government publications. Section 7 of the Act (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist * * * in any publication of the United States Government, or any reprint, in whole or in part, thereof: * * *."

Copyright in government works prior to 1895

Prior to the Printing Act of 1895, no statute governed copyright of U.S. government works. Court decisions had established that an employee of the Federal Government had no right to claim copyright in a work prepared by him for the Government.[6] Other decisions had held that individuals could not have copyright in books consisting of the text of Federal or State court decisions, statutes, rules of judicial procedures, etc., i.e., governmental edicts and rulings.[6] Copyright was denied on the grounds of public policy: such material as the laws and governmental rules and decisions must be freely available to the public and made known as widely as possible; hence there must be no restriction on the reproduction and dissemination of such documents.[6]

While Copyright was denied in the text of court decisions, material added by a court reporter on his own – such as leadnotes, syllabi, annotations, indexes, etc. – was deemed copyrightable by him, although he was employed by the government to take down and compile the court decisions.[6] These cases may be said to have established the principle that material prepared by a government employee outside of the scope of the public policy rule was copyrightable; and that the employee who prepared such material on his own could secure copyright therein.[6]

There appears to be no court decision before 1895 dealing directly with the question of whether the United States Government might obtain or hold copyright in material not within the public policy rule.[6] But the question did arise with respect to State Governments. In the nineteenth century much of the public printing for the States was done under contract by private publishers. The publisher would not bear the expense of printing and publishing, however, unless he could be given exclusive rights. To enable the State to give exclusive rights to a publisher, a number of States enacted statutes providing that court reporters or other State officials who prepared copyrightable material in their official capacity should secure copyright in trust for or on behalf of the State. Such copyrights for the benefit of the State were sustained by the courts.[6]

Two cases before 1895 may also be noted with regard to the question of the rights of individual authors (or their successors) in material prepared for, or acquired by, the United States Government. In Heine v. Appleton, an artist was held to have no right to secure copyright in drawings prepared by him as a member of Commodore Perry's expedition, since the drawings belonged to the Government.' In Folsom v. Marsh, where a collection of letters and other private writings of George Washington had been published and copyrighted by his successors, the purchase of the manuscripts by the United States Government was held not to affect the copyright. The contention of the defendant that the Government's ownership of the manuscripts made them available for publication by anyone was denied.[6]

The Printing Law of 1895

The Printing Law of 1895, which was designed to centralize in the Government Printing Office, the printing, binding, and distribution of Government documents, contained the first statutory prohibition of copyright in Government publications.[6] Section 52 of that Law provides for the sale by the Public Printer of "duplicate stereotype or electrotype plates from which any Government publication is printed," with the proviso "that no publication reprinted from such stereotype or electrotype plates and no other Government publication shall be copyrighted."

The provision in the Printing Act concerning copyright of government works was probably the result of the "Richardson Affair," which involved an effort in the late 1890s by Representative James D. Richardson (1843–1914) to privately copyright a government-published set of Presidential proclamations.[7][6]

The Copyright Act of 1909

Section 7 of the Copyright Act of 1909 (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist ... in any publication of the United States Government, or any reprint, in whole or in part, thereof: ...." Section 7 also contained a "savings clause," which stated that "The publication or republication by the Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor."[6] The committee report on the bill that became the Act of 1909 explains that the savings clause was inserted "... for the reason that the Government often desires to make use in its publications of copyrighted material, with the consent of the owner of the copyright, and it has been regarded heretofore as necessary to pass a special act every time this was done, providing that such use by the Government should not be taken to give to anyone the right to use the copyrighted material found in the Government publication."[6]

The Copyright Act of 1976

The Sections of the Copyright Act that now govern U.S. Government work were enacted in 1976 as part of the Copyright Act of 1976. The House Report to the enacted legislation stated that "the basic premise of section 105 of the bill is the same" as section 8 of the former title 17.[8]

Derivative works consisting predominantly of government works

Section 403 of the 1976 Act introduced a new provision concerning documents consisting preponderantly of one or more government works. In essence, such works would be denied copyright protection unless the required copyright notice included a statement specifically identifying those parts of the work that were not U.S. Government work, and therefore subject to copyright protection. According to the House Report, this provision was

aimed at a publishing practice that, while technically justified under the present law, has been the object of considerable criticism. In cases where a Government work is published or republished commercially, it has frequently been the practice to add some “new matter” in the form of an introduction, editing, illustrations, etc., and to include a general copyright notice in the name of the commercial publisher. This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use.[9]

"To make the notice meaningful rather than misleading," section 403 of the 1976 Act required that, when the copies consist “'preponderantly of one or more works of the United States Government,' the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as an omission of the notice," resulting, absent the application of some exception, in the loss of copyright protection.[9][10]

Derivative works after the Berne Convention Implementation Act of 1988

The Berne Convention Implementation Act of 1988 amended the law to make the use of a copyright notice optional on copies of works published on and after March 1, 1989 and also revised Section 403. After the adoption of this act, a copyright notice was no longer necessary to secure copyright protection. Including the notice, however, does continue to confer certain benefits, notably in the challenging a defendant's claim of innocent infringement, where the question of proper notice may be a factor in assessing damages in infringement actions. Under the revised Section 403, these benefits are denied to a work consisting predominantly U.S. Government works "unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of the copies or phonorecords embodying any work or works protected under this title."

Limitations

Works produced by contractors

Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law[disputed (for: only true at times)  – discuss]. The holdership of the copyright depends on the terms of the contract and the type of work undertaken. Contract terms and conditions vary between agencies; contracts to NASA and the military may differ significantly from civilian agency contracts.[11]

Civilian agencies and NASA are guided by the Federal Acquisition Regulations (FAR). There are a number of FAR provisions that can affect the ownership of the copyright. FAR Subpart 27.4—Rights in Data and Copyright provides copyright guidance for the civilian agencies and NASA. Additionally, some agencies may have their own FAR Supplements that they follow.

Under the FAR general data rights clause (FAR 52.227-14), the government has unlimited rights in all data first produced in performance of or delivered under a contract, unless the contractor asserts a claim to copyright or the contract provides otherwise. Unless provided otherwise by an Agency FAR Supplement, a contractor may assert claim to copyright in scientific and technical articles based on or containing data first produced in the performance of a contract and published in academic, technical or professional journals, symposia proceedings, or the like. The express written permission of the Contracting Officer is required before the contractor may assert or enforce the copyright in all other works first produced in the performance of a contract. However, if a contract includes Alternate IV of the clause, the Contracting Officer's approval is not required to assert claim to copyright. Whenever the contractor asserts claim to copyright in works other than computer software, the government, and others acting on its behalf, are granted a license to reproduce, prepare derivative works, distribute, perform and display the copyrighted work. For computer software produced under FAR contract, the scope of the government's license does not include the right to distribute to the public,[12] but for "commercial off the shelf software", the government typically obtains no better license than would any other customer.

Transfers

The federal government can hold copyrights that are transferred to it.[2] Copyright law's definition of work of the United States government does not include work that the government owns but did not create.[1] For example, in 1837, the federal government purchased former U.S. President James Madison's manuscripts from his widow, Dolley Madison, for $30,000.[13] If this is construed as covering copyright as well as the physical papers, it would be an example of such a transfer.[14]

Exemptions

Works by certain independent agencies, corporations and federal subsidiaries may not be considered "government works" and may, therefore, be copyrightable. For instance, material produced by the United States Postal Service are typically subject to normal copyright.[15] Most USPS materials, artwork, and design and all postage stamps as of January 1, 1978, or after are subject to copyright laws. Works of the former United States Post Office Department are in the public domain (due to its former position as a cabinet department).

15 U.S.C. § 290e authorizes U.S. Secretary of Commerce to secure copyright for works produced by the Department of Commerce under the Standard Reference Data Act.[16][17]

State, territorial, and local governments

For details regarding every state, locality and organized territory, see Copyright status of work by U.S. subnational governments.

The lack of copyright protection for works of the United States government does not apply to works of U.S. subnational governments. Thus, works created by a state or local government may be subject to copyright. Some states have placed much of their work into the public domain by waiving some or all of their rights under copyright law. For example, the constitution and laws of Florida[18] have placed its government's works in the public domain. Unorganized territories (such as American Samoa and the former Trust Territory of the Pacific Islands)[19] are treated, for copyright purposes, as the U.S. government. Their works therefore fall under § 105 and lack copyright protection.[20]

Other restrictions

Certain works, particularly logos and emblems of government agencies, while not copyrightable, are still protected by other laws that are similar in effect to trademark laws. Such laws are intended to protect indicators of source or quality. For example, some uses of the Central Intelligence Agency logo, name, and initialism are regulated under the CIA Act of 1949 (50 U.S.C. § 403m).

Edicts of government

Main article: Edict of government

The United States Copyright Office considers "edicts of government," such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents, not copyrightable for reasons of public policy. This applies to such works whether they are federal, state, or local as well as to those of foreign governments.[21]

See also

In other countries

References

  1. ^ a b 17 U.S.C. § 101 "A 'work of the United States Government' is a work prepared by an officer or employee of the United States Government as part of that person's official duties."
  2. ^ a b 17 U.S.C. § 105
  3. ^ "Frequently Asked Questions about Copyright" (PDF). CENDI. section 3.1.7. Retrieved 1 January 2022.
  4. ^ House Report No. 94-1476, p.59 ("The prohibition on copyright protection for United States Government works is not intended to have any effect on protection of these works abroad. Works of the governments of most other countries are copyrighted. There are no valid policy reasons for denying such protection to United States Government works in foreign countries, or for precluding the Government from making licenses for the use of its works abroad.").
  5. ^ CENDI Copyright Working Group. . Oak Ridge, TN: CENDI Secretariat. Archived from the original on March 4, 2009. Retrieved July 31, 2015.
  6. ^ a b c d e f g h i j k l m n o Copyright in Government Publications, in: Copyright Law Revision: Studies Prepared for the Subcomm. on Patents, Trademarks, and Copyrights of the Senate Comm. on the Judiciary, 86th Cong., 2d Sess. 29-30 (Comm. Print 1961)(Study 33), pp. 23-42.
  7. ^ Price, Brian (Fall 1976). "Copyright in government publications: Historical background, judicial interpretation, and legislative clarification" (PDF). Military Law Review. 74: 19–65.
  8. ^ House Report No. 94–1476. "The basic premise of section 105 of the bill is the same as that of section 8 of the present law [section 8 of former title 17]—that works produced for the U.S. Government by its officers and employees should not be subject to copyright. The provision applies the principle equally to unpublished and published works. The general prohibition against copyright in section 105 applies to “any work of the United States Government,” which is defined in section 101 as “a work prepared by an officer or employee of the United States Government as part of that person's official duties.” Under this definition a Government official or employee would not be prevented from securing copyright in a work written at that person's own volition and outside his or her duties, even though the subject matter involves the Government work or professional field of the official or employee. Although the wording of the definition of “work of the United States Government” differs somewhat from that of the definition of “work made for hire,” the concepts are intended to be construed in the same way. A more difficult and far-reaching problem is whether the definition should be broadened to prohibit copyright in works prepared under U.S. Government contract or grant. As the bill is written, the Government agency concerned could determine in each case whether to allow an independent contractor or grantee, to secure copyright in works prepared in whole or in part with the use of Government funds. The argument that has been made against allowing copyright in this situation is that the public should not be required to pay a “double subsidy,” and that it is inconsistent to prohibit copyright in works by Government employees while permitting private copyrights in a growing body of works created by persons who are paid with Government funds. Those arguing in favor of potential copyright protection have stressed the importance of copyright as an incentive to creation and dissemination in this situation, and the basically different policy considerations, applicable to works written by Government employees and those applicable to works prepared by private organizations with the use of Federal funds. The bill deliberately avoids making any sort of outright, unqualified prohibition against copyright in works prepared under Government contract or grant. There may well be cases where it would be in the public interest to deny copyright in the writings generated by Government research contracts and the like; it can be assumed that, where a Government agency commissions a work for its own use merely as an alternative to having one of its own employees prepare the work, the right to secure a private copyright would be withheld. However, there are almost certainly many other cases where the denial of copyright protection would be unfair or would hamper the production and publication of important works. Where, under the particular circumstances, Congress or the agency involved finds that the need to have a work freely available outweighs the need of the private author to secure copyright, the problem can be dealt with by specific legislation, agency regulations, or contractual restrictions."
  9. ^ a b Historical and Revision Notes to 17 U.S.C. 403
  10. ^ § 403 Pub. L. 94-553 (Oct. 19, 1976)Pub. L. 94–553
  11. ^ CENDI Copyright Working Group (August 2004). . Commerce, Energy, NASA, Defense Information Managers Group. Oak Ridge, TN: CENDI Secretariat, Information International Associates, Inc. Archived from the original on April 21, 2016. Retrieved July 22, 2005.
  12. ^ See definitions of data and unlimited rights and 27.404-1 at https://acquisition.gov/far/current/html/Subpart%2027_4.html 2013-06-02 at the Wayback Machine
  13. ^ An Act making appropriations for the civil and diplomatic expenses of Government for the year eighteen hundred and thirty-seven, 24th Cong., Sess. II, Ch. 33, 5. Stat. 163, 171, March 3, 1837
  14. ^ The following year, Congress authorized publication of the papers, suggesting that the transaction did include copyright. An Act authorizing the printing of the Madison papers, 25th Cong., Sess. II, Ch. 264, 5. Stat. 309-310, July 9, 1838
  15. ^ Compendium II: Copyright Office Practices, § 206.02(b) February 11, 2011, at the Wayback Machine
  16. ^ 15 U.S.C. § 290e
  17. ^ Compendium II: Copyright Office Practices, § 206.02(a) February 11, 2011, at the Wayback Machine
  18. ^ Florida Constitution Article I, §24(a)
  19. ^ Compendium II: Copyright Office Practices, § 1102.08(b) 2013-05-12 at the Wayback Machine
  20. ^ Compendium II: Copyright Office Practices, § 206.02(e) February 11, 2011, at the Wayback Machine
  21. ^ Compendium II: Copyright Office Practices, § 206.01 February 11, 2011, at the Wayback Machine

External links

January 10, 2023
copyright, status, works, federal, government, united, states, guidance, about, copying, from, sources, published, government, government, works, wikipedia, public, domain, wikipedia, copying, material, from, free, sources, work, united, states, government, de. For guidance about copying from sources published by the U S government see U S Government Works in Wikipedia Public domain and Wikipedia Copying material from free sources A work of the United States government is defined by the United States copyright law as a work prepared by an officer or employee of the United States Government as part of that person s official duties 1 Under section 105 of US copyright law 2 such works are not entitled to domestic copyright protection under U S law and are therefore in the public domain This act only applies to U S domestic copyright as that is the extent of U S federal law The U S government asserts that it can still hold the copyright to those works in other countries 3 4 Publication of an otherwise protected work by the U S government does not put that work in the public domain For example government publications may include works copyrighted by a contractor or grantee copyrighted material assigned to the U S Government or copyrighted information from other sources 5 Further the copyright status of works by subnational governments of the United States is governed by its own set of laws Contents 1 History 1 1 Copyright in government works prior to 1895 1 2 The Printing Law of 1895 1 3 The Copyright Act of 1909 1 4 The Copyright Act of 1976 1 4 1 Derivative works consisting predominantly of government works 1 5 Derivative works after the Berne Convention Implementation Act of 1988 2 Limitations 2 1 Works produced by contractors 2 2 Transfers 2 3 Exemptions 2 4 State territorial and local governments 2 5 Other restrictions 3 Edicts of government 4 See also 4 1 In other countries 5 References 6 External linksHistory EditThe first Federal statute concerning copyright in government publications was the Printing Law enacted in 1895 6 Section 52 of that Act provided that copies of Government Publications could not be copyrighted Prior to 1895 no court decision had occasion to consider any claim of copyright on behalf of the Government itself Courts had however considered whether copyright could be asserted as to the text of laws court decisions governmental rules etc and concluded that such material were not subject to copyright as a matter of public policy 6 But other material prepared for State Governments by their employees notably the headnotes syllabi annotations etc prepared by court reporters had been held copyrightable on behalf of the States 6 The Copyright Act of 1909 was the first copyright statute to address government publications Section 7 of the Act later codified as Section 8 of title 17 U S C provided that No copyright shall subsist in any publication of the United States Government or any reprint in whole or in part thereof Copyright in government works prior to 1895 Edit Prior to the Printing Act of 1895 no statute governed copyright of U S government works Court decisions had established that an employee of the Federal Government had no right to claim copyright in a work prepared by him for the Government 6 Other decisions had held that individuals could not have copyright in books consisting of the text of Federal or State court decisions statutes rules of judicial procedures etc i e governmental edicts and rulings 6 Copyright was denied on the grounds of public policy such material as the laws and governmental rules and decisions must be freely available to the public and made known as widely as possible hence there must be no restriction on the reproduction and dissemination of such documents 6 While Copyright was denied in the text of court decisions material added by a court reporter on his own such as leadnotes syllabi annotations indexes etc was deemed copyrightable by him although he was employed by the government to take down and compile the court decisions 6 These cases may be said to have established the principle that material prepared by a government employee outside of the scope of the public policy rule was copyrightable and that the employee who prepared such material on his own could secure copyright therein 6 There appears to be no court decision before 1895 dealing directly with the question of whether the United States Government might obtain or hold copyright in material not within the public policy rule 6 But the question did arise with respect to State Governments In the nineteenth century much of the public printing for the States was done under contract by private publishers The publisher would not bear the expense of printing and publishing however unless he could be given exclusive rights To enable the State to give exclusive rights to a publisher a number of States enacted statutes providing that court reporters or other State officials who prepared copyrightable material in their official capacity should secure copyright in trust for or on behalf of the State Such copyrights for the benefit of the State were sustained by the courts 6 Two cases before 1895 may also be noted with regard to the question of the rights of individual authors or their successors in material prepared for or acquired by the United States Government In Heine v Appleton an artist was held to have no right to secure copyright in drawings prepared by him as a member of Commodore Perry s expedition since the drawings belonged to the Government In Folsom v Marsh where a collection of letters and other private writings of George Washington had been published and copyrighted by his successors the purchase of the manuscripts by the United States Government was held not to affect the copyright The contention of the defendant that the Government s ownership of the manuscripts made them available for publication by anyone was denied 6 The Printing Law of 1895 Edit The Printing Law of 1895 which was designed to centralize in the Government Printing Office the printing binding and distribution of Government documents contained the first statutory prohibition of copyright in Government publications 6 Section 52 of that Law provides for the sale by the Public Printer of duplicate stereotype or electrotype plates from which any Government publication is printed with the proviso that no publication reprinted from such stereotype or electrotype plates and no other Government publication shall be copyrighted The provision in the Printing Act concerning copyright of government works was probably the result of the Richardson Affair which involved an effort in the late 1890s by Representative James D Richardson 1843 1914 to privately copyright a government published set of Presidential proclamations 7 6 The Copyright Act of 1909 Edit Section 7 of the Copyright Act of 1909 later codified as Section 8 of title 17 U S C provided that No copyright shall subsist in any publication of the United States Government or any reprint in whole or in part thereof Section 7 also contained a savings clause which stated that The publication or republication by the Government either separately or in a public document of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor 6 The committee report on the bill that became the Act of 1909 explains that the savings clause was inserted for the reason that the Government often desires to make use in its publications of copyrighted material with the consent of the owner of the copyright and it has been regarded heretofore as necessary to pass a special act every time this was done providing that such use by the Government should not be taken to give to anyone the right to use the copyrighted material found in the Government publication 6 The Copyright Act of 1976 Edit The Sections of the Copyright Act that now govern U S Government work were enacted in 1976 as part of the Copyright Act of 1976 The House Report to the enacted legislation stated that the basic premise of section 105 of the bill is the same as section 8 of the former title 17 8 Derivative works consisting predominantly of government works Edit Section 403 of the 1976 Act introduced a new provision concerning documents consisting preponderantly of one or more government works In essence such works would be denied copyright protection unless the required copyright notice included a statement specifically identifying those parts of the work that were not U S Government work and therefore subject to copyright protection According to the House Report this provision was aimed at a publishing practice that while technically justified under the present law has been the object of considerable criticism In cases where a Government work is published or republished commercially it has frequently been the practice to add some new matter in the form of an introduction editing illustrations etc and to include a general copyright notice in the name of the commercial publisher This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use 9 To make the notice meaningful rather than misleading section 403 of the 1976 Act required that when the copies consist preponderantly of one or more works of the United States Government the copyright notice if any identify those parts of the work in which copyright is claimed A failure to meet this requirement would be treated as an omission of the notice resulting absent the application of some exception in the loss of copyright protection 9 10 Derivative works after the Berne Convention Implementation Act of 1988 Edit The Berne Convention Implementation Act of 1988 amended the law to make the use of a copyright notice optional on copies of works published on and after March 1 1989 and also revised Section 403 After the adoption of this act a copyright notice was no longer necessary to secure copyright protection Including the notice however does continue to confer certain benefits notably in the challenging a defendant s claim of innocent infringement where the question of proper notice may be a factor in assessing damages in infringement actions Under the revised Section 403 these benefits are denied to a work consisting predominantly U S Government works unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying either affirmatively or negatively those portions of the copies or phonorecords embodying any work or works protected under this title Limitations EditWorks produced by contractors Edit Unlike works of the U S government works produced by contractors under government contracts are protected under U S copyright law disputed for only true at times discuss The holdership of the copyright depends on the terms of the contract and the type of work undertaken Contract terms and conditions vary between agencies contracts to NASA and the military may differ significantly from civilian agency contracts 11 Civilian agencies and NASA are guided by the Federal Acquisition Regulations FAR There are a number of FAR provisions that can affect the ownership of the copyright FAR Subpart 27 4 Rights in Data and Copyright provides copyright guidance for the civilian agencies and NASA Additionally some agencies may have their own FAR Supplements that they follow Under the FAR general data rights clause FAR 52 227 14 the government has unlimited rights in all data first produced in performance of or delivered under a contract unless the contractor asserts a claim to copyright or the contract provides otherwise Unless provided otherwise by an Agency FAR Supplement a contractor may assert claim to copyright in scientific and technical articles based on or containing data first produced in the performance of a contract and published in academic technical or professional journals symposia proceedings or the like The express written permission of the Contracting Officer is required before the contractor may assert or enforce the copyright in all other works first produced in the performance of a contract However if a contract includes Alternate IV of the clause the Contracting Officer s approval is not required to assert claim to copyright Whenever the contractor asserts claim to copyright in works other than computer software the government and others acting on its behalf are granted a license to reproduce prepare derivative works distribute perform and display the copyrighted work For computer software produced under FAR contract the scope of the government s license does not include the right to distribute to the public 12 but for commercial off the shelf software the government typically obtains no better license than would any other customer Transfers Edit The federal government can hold copyrights that are transferred to it 2 Copyright law s definition of work of the United States government does not include work that the government owns but did not create 1 For example in 1837 the federal government purchased former U S President James Madison s manuscripts from his widow Dolley Madison for 30 000 13 If this is construed as covering copyright as well as the physical papers it would be an example of such a transfer 14 Exemptions Edit Works by certain independent agencies corporations and federal subsidiaries may not be considered government works and may therefore be copyrightable For instance material produced by the United States Postal Service are typically subject to normal copyright 15 Most USPS materials artwork and design and all postage stamps as of January 1 1978 or after are subject to copyright laws Works of the former United States Post Office Department are in the public domain due to its former position as a cabinet department 15 U S C 290e authorizes U S Secretary of Commerce to secure copyright for works produced by the Department of Commerce under the Standard Reference Data Act 16 17 State territorial and local governments Edit For details regarding every state locality and organized territory see Copyright status of work by U S subnational governments The lack of copyright protection for works of the United States government does not apply to works of U S subnational governments Thus works created by a state or local government may be subject to copyright Some states have placed much of their work into the public domain by waiving some or all of their rights under copyright law For example the constitution and laws of Florida 18 have placed its government s works in the public domain Unorganized territories such as American Samoa and the former Trust Territory of the Pacific Islands 19 are treated for copyright purposes as the U S government Their works therefore fall under 105 and lack copyright protection 20 Other restrictions Edit Certain works particularly logos and emblems of government agencies while not copyrightable are still protected by other laws that are similar in effect to trademark laws Such laws are intended to protect indicators of source or quality For example some uses of the Central Intelligence Agency logo name and initialism are regulated under the CIA Act of 1949 50 U S C 403m Edicts of government EditMain article Edict of government The United States Copyright Office considers edicts of government such as judicial opinions administrative rulings legislative enactments public ordinances and similar official legal documents not copyrightable for reasons of public policy This applies to such works whether they are federal state or local as well as to those of foreign governments 21 See also EditClassified information in the United States Public Resource Org Copyright status of works by subnational governments of the United States Freedom of Information Act Open data in the United StatesIn other countries Edit Crown copyright National Data Sharing and Accessibility Policy Government of IndiaReferences Edit a b 17 U S C 101 A work of the United States Government is a work prepared by an officer or employee of the United States Government as part of that person s official duties a b 17 U S C 105 Frequently Asked Questions about Copyright PDF CENDI section 3 1 7 Retrieved 1 January 2022 House Report No 94 1476 p 59 The prohibition on copyright protection for United States Government works is not intended to have any effect on protection of these works abroad Works of the governments of most other countries are copyrighted There are no valid policy reasons for denying such protection to United States Government works in foreign countries or for precluding the Government from making licenses for the use of its works abroad CENDI Copyright Working Group Frequently Asked Questions About Copyright Issues Affecting the US Government Oak Ridge TN CENDI Secretariat Archived from the original on March 4 2009 Retrieved July 31 2015 a b c d e f g h i j k l m n o Copyright in Government Publications in Copyright Law Revision Studies Prepared for the Subcomm on Patents Trademarks and Copyrights of the Senate Comm on the Judiciary 86th Cong 2d Sess 29 30 Comm Print 1961 Study 33 pp 23 42 Price Brian Fall 1976 Copyright in government publications Historical background judicial interpretation and legislative clarification PDF Military Law Review 74 19 65 House Report No 94 1476 The basic premise of section 105 of the bill is the same as that of section 8 of the present law section 8 of former title 17 that works produced for the U S Government by its officers and employees should not be subject to copyright The provision applies the principle equally to unpublished and published works The general prohibition against copyright in section 105 applies to any work of the United States Government which is defined in section 101 as a work prepared by an officer or employee of the United States Government as part of that person s official duties Under this definition a Government official or employee would not be prevented from securing copyright in a work written at that person s own volition and outside his or her duties even though the subject matter involves the Government work or professional field of the official or employee Although the wording of the definition of work of the United States Government differs somewhat from that of the definition of work made for hire the concepts are intended to be construed in the same way A more difficult and far reaching problem is whether the definition should be broadened to prohibit copyright in works prepared under U S Government contract or grant As the bill is written the Government agency concerned could determine in each case whether to allow an independent contractor or grantee to secure copyright in works prepared in whole or in part with the use of Government funds The argument that has been made against allowing copyright in this situation is that the public should not be required to pay a double subsidy and that it is inconsistent to prohibit copyright in works by Government employees while permitting private copyrights in a growing body of works created by persons who are paid with Government funds Those arguing in favor of potential copyright protection have stressed the importance of copyright as an incentive to creation and dissemination in this situation and the basically different policy considerations applicable to works written by Government employees and those applicable to works prepared by private organizations with the use of Federal funds The bill deliberately avoids making any sort of outright unqualified prohibition against copyright in works prepared under Government contract or grant There may well be cases where it would be in the public interest to deny copyright in the writings generated by Government research contracts and the like it can be assumed that where a Government agency commissions a work for its own use merely as an alternative to having one of its own employees prepare the work the right to secure a private copyright would be withheld However there are almost certainly many other cases where the denial of copyright protection would be unfair or would hamper the production and publication of important works Where under the particular circumstances Congress or the agency involved finds that the need to have a work freely available outweighs the need of the private author to secure copyright the problem can be dealt with by specific legislation agency regulations or contractual restrictions a b Historical and Revision Notes to 17 U S C 403 403 Pub L 94 553 Oct 19 1976 Pub L 94 553 CENDI Copyright Working Group August 2004 Frequently Asked Questions About Copyright Commerce Energy NASA Defense Information Managers Group Oak Ridge TN CENDI Secretariat Information International Associates Inc Archived from the original on April 21 2016 Retrieved July 22 2005 See definitions of data and unlimited rights and 27 404 1 at https acquisition gov far current html Subpart 2027 4 html Archived 2013 06 02 at the Wayback Machine An Act making appropriations for the civil and diplomatic expenses of Government for the year eighteen hundred and thirty seven 24th Cong Sess II Ch 33 5 Stat 163 171 March 3 1837 The following year Congress authorized publication of the papers suggesting that the transaction did include copyright An Act authorizing the printing of the Madison papers 25th Cong Sess II Ch 264 5 Stat 309 310 July 9 1838 Compendium II Copyright Office Practices 206 02 b Archived February 11 2011 at the Wayback Machine 15 U S C 290e Compendium II Copyright Office Practices 206 02 a Archived February 11 2011 at the Wayback Machine Florida Constitution Article I 24 a Compendium II Copyright Office Practices 1102 08 b Archived 2013 05 12 at the Wayback Machine Compendium II Copyright Office Practices 206 02 e Archived February 11 2011 at the Wayback Machine Compendium II Copyright Office Practices 206 01 Archived February 11 2011 at the Wayback MachineExternal links Edit3 1 7 Does the Government have copyright protection in U S Government works in other countries U S government web portal Wikipedia United States government attribution templates Retrieved from https en wikipedia org w index php title Copyright status of works by the federal government of the United States amp oldid 1130427300, wikipedia, wiki, book, books, library,

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