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

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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Stable record: federal_law:legal_authorities:record_usc_9b540f40f7b8f6caf2d61a85
Source file: Laws/federal/codes/united-states-code/title-36/section-2114-intellectual-property-and-related-items--cf2180ba40.md
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Source location: Title 36, Chapter 21, § 2114; chapter-021-american-battle-monuments-commission.md

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

17 U.S.C. § 203 — Termination of transfers and licenses granted by the author

**(a) Conditions for Termination.—** In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions: (1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s interest. (2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows: (A) The widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest. (B) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them. (C) The rights of the author’s children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according

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

36 U.S.C. § 2113 — World War II memorial in the District of Columbia

**(a) Solicitation and Acceptance of Contributions.—** (1) Consistent with its authority under [section 2103(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2103/e&num=0&edition=prelim), the American Battle Monuments Commission shall solicit and accept contributions for the World War II memorial. (2) In this section, the term “World War II memorial” means the memorial authorized by Public Law 103–32 ([40 U.S.C. 8903](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section8903&num=0&edition=prelim) note) to be established by the Commission on Federal land in the District of Columbia or its environs to honor members of the Armed Forces who served in World War II and to commemorate the participation of the United States in that war. **(b) Creation of Memorial Fund.—** (1) There is hereby created in the Treasury a fund for the World War II memorial, which shall consist of the following: (A) Amounts deposited, and interest and proceeds credited, under paragraph (2). (B) Obligations obtained under paragraph (3). (C) The amount of surcharges paid to the Commission for the World War II memorial under the World War II 50th Anniversary Commemorative Coins Act ([31 U.S.C. 5112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5112&num=0&edition=prelim) note). (D) Amounts borrowed using the authority provided under subsection (d). (E) Any funds received by the Commission under [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section2114&num=0&edition=prelim) in exchange for use of, or the right to use, any mark, copyright or patent. (2) The Chairman of the Commission shall deposit in the fund the amounts accepted as contr

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

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

Page 67 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2114 Secretary. The authority of the Commission to issue obligations under this subsection shall re- main available without fiscal year limitation. The Secretary of the Treasury shall purchase any obligations of the Commission to be issued under this subsection, and for such purpose the Secretary of the Treasury may use as a public debt transaction of the United States the pro- ceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chap- ter are extended to include any purchase of the Commission’s obligations under this subsection. (4) Repayment of the interest and principal on any funds borrowed by the Commission under paragraph (1) shall be made from amounts in the fund. The Commission may not use for such pur- pose any funds appropriated for any other ac- tivities of the Commission. (e) TREATMENT OF BORROWING AUTHORITY.—In determining whether the Commission has suffi- cient funds to complete construction of the World War II memorial, as required by section 8906 of title 40, the Secretary of the Interior shall consider the funds that the Commission may borrow from the Treasury under subsection (d) as funds available to complete construction of the memorial, whether or not the Commission has actually exercised the authority to borrow such funds. (f) VOLUNTARY SERVICES.—(1) Notwithstanding section 1342 of title 31, the Commission may ac- cept from any person voluntary services to be provided in furtherance of the fund-raising ac- tivities of the Commission relating to the World War II memorial. (2) A person providing voluntary services under this subsection shall be considered t

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