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17 U.S.C. § 105 — Subject matter of copyright: United States Government works

Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 105 — Subject matter of copyright: United States Government works

**(a) In General.—** Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise. **(b) Copyright Protection of Certain Works.—** Subject to subsection (c), the covered author of a covered work owns the copyright to that covered work. **(c) Use by Federal Government.—** (1) **Secretary of defense authority.—** — With respect to a covered author who produces a covered work in the course of employment at a covered institution described in subparagraphs (A) through (L) of subsection (d)(2) and subparagraph (M) of such subsection when the Coast Guard is operating as a service in the Navy, the Secretary of Defense may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government. (2) **Secretary of the department in which the coast guard is operating when it is not operating as a service in the navy authority.—** — With respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection (d)(2)(M), the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government. (3) **Director of national intelligence authority.—** — With respect to a covered author who produces a

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Stable record: federal_law:legal_authorities:record_usc_0443d5669d3aea770daa65b8
Source file: Laws/federal/codes/united-states-code/title-17/section-105-subject-matter-of-copyright-united-states-government-works--579bd432f9.md
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Source location: Title 17, Chapter 1, § 105; chapter-001-subject-matter-and-scope-of-copyright.md

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**(a) In General.—** Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise. **(b) Copyright Protection of Certain Works.—** Subject to subsection (c), the covered author of a covered work owns the copyright to that covered work. **(c) Use by Federal Government.—** (1) **Secretary of defense authority.—** — With respect to a covered author who produces a covered work in the course of employment at a covered institution described in subparagraphs (A) through (L) of subsection (d)(2) and subparagraph (M) of such subsection when the Coast Guard is operating as a service in the Navy, the Secretary of Defense may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government. (2) **Secretary of the department in which the coast guard is operating when it is not operating as a service in the navy authority.—** — With respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection (d)(2)(M), the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government. (3) **Director of national intelligence authority.—** — With respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection (d)(2)(N), the Director of National Intelligence may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government. (4) **Secretary of transportation authority.—** — With respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection (d)(2)(O), the Secretary of Transportation may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government. **(d) Definitions.—** In this section: (1) **Covered author.—** — The term “covered author” means a civilian member of the faculty of a covered institution. (2) **Covered institution.—** — The term “covered institution” means the following: (A) National Defense University. (B) United States Military Academy. (C) Army War College. (D) United States Army Command and General Staff College. (E) United States Naval Academy. (F) Naval War College. (G) Naval Postgraduate School. (H) Marine Corps University. (I) United States Air Force Academy. (J) Air University. (K) Defense Language Institute. (L) Uniformed Services University of the Health Sciences. (M) United States Coast Guard Academy. (N) National Intelligence University. (O) United States Merchant Marine Academy. (3) **Covered work.—** — The term “covered work” means a literary work produced by a covered author in the course of employment at a covered institution for publication by a scholarly press or journal.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 290e — United States copyright and renewal rights

**(a)** Notwithstanding the limitations under [section 105 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section105&num=0&edition=prelim), the Secretary may secure copyright and renewal thereof on behalf of the United States as author or proprietor in all or any part of any standard reference data which he prepares or makes available under this chapter, and may authorize the reproduction and publication thereof by others. **(b)** The publication or republication by the Government under this chapter, 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 material without the consent of the copyright proprietor.

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 2114 — Intellectual property and related items

**(a) Authority To Use and Register Intellectual Property.—** The American Battle Monuments Commission may— (1) adopt, use, register, and license trademarks, service marks, and other marks; (2) obtain, use, register, and license the use of copyrights consistent with [section 105 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section105&num=0&edition=prelim); (3) obtain, use, and license patents; and (4) accept gifts of marks, copyrights, patents, and licenses for use by the Commission. **(b) Authority To Grant Licenses.—** The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to the extent the grant of such license by the Commission would be contrary to any contract or license by which the use of the mark, copyright, or patent was obtained. **(c) Enforcement Authority.—** The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents. **(d) Legal Representation.—** The Attorney General shall furnish the Commission with such legal representation as the Commission may require under subsection (c). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office. **(e) Irrevocability of Transfers of Copyrights to Commission.—** [Section 203 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section203&num=0&edition=prelim) shall not apply to any copyright transferred in any manner to the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 105 — Subject matter of copyright: United States

Page 20 TITLE 17—COPYRIGHTS § 105 Editorial Notes REFERENCES IN TEXT The date of the enactment of the Uruguay Round Agreements Act, referred to in subsecs. (d)(3)(A) and (h)(3), is the date of enactment of Pub. L. 103–465, which was approved Dec. 8, 1994. Section 101(d)(15) of the Uruguay Round Agreements Act, referred to in subsec. (e)(1)(D)(i), is classified to section 3511(d)(15) of Title 19, Customs Duties. AMENDMENTS 1998—Subsec. (h)(1)(A) to (E). Pub. L. 105–304, § 102(c)(1), added subpars. (A) to (E) and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) a nation adhering to the Berne Convention or a WTO member country; or ‘‘(B) subject to a Presidential proclamation under subsection (g).’’ Subsec. (h)(3). Pub. L. 105–304, § 102(c)(2), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The term ‘eligible country’ means a nation, other than the United States, that— ‘‘(A) becomes a WTO member country after the date of the enactment of the Uruguay Round Agreements Act; ‘‘(B) on such date of enactment is, or after such date of enactment becomes, a member of the Berne Convention; or ‘‘(C) after such date of enactment becomes subject to a proclamation under subsection (g). For purposes of this section, a nation that is a member of the Berne Convention on the date of the enactment of the Uruguay Round Agreements Act shall be con- strued to become an eligible country on such date of enactment.’’ Subsec. (h)(6)(E). Pub. L. 105–304, § 102(c)(3), added sub- par. (E). Subsec. (h)(8)(B)(i). Pub. L. 105–304, § 102(c)(4), inserted ‘‘of which’’ before ‘‘the majority’’ and struck out ‘‘of eligible countries’’ after ‘‘domiciliaries’’. Subsec. (h)(9). Pub. L. 105–304, § 102(c)(5), struck out par. (9

Source: Supplied 2024 U.S. Code historical extraction · 17 U.S.C. § 105

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