I 111th CONGRESS 2d Session H. R. 5704 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.
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:
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.
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:
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.
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:
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.