[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 962 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 962

  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

                           February 17, 2005

Mr. Platts (for himself and Mr. Skelton) 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, United States Code, 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 
the purposes of submitting such work for publication in a scholarly 
journal, publication, or other edited work for which such a copyright 
is a requirement for consideration 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, United States Code, 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 the purposes of submitting such 
work for publication in a scholarly journal, publication, or other 
edited work for which such a copyright is a requirement for 
consideration 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 the purposes of submitting such work for publication in a 
scholarly journal, publication, or other edited work for which such a 
copyright is a requirement for consideration 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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