Work of the United States Government

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A work of the United States Government is, as defined by United States copyright law: "a work prepared by an officer or employee of the United States Government as part of that person's official duties." The term only applies to the work of the federal government, not state or local governments. Such works are not entitled to domestic copyright under U.S. law. Note that many publications of the U.S. government may contain protectable works authored by others (e.g., patent applications, Securities and Exchange Commission filings, public comments on regulations, etc.), and this rule does not necessarily apply to the creative content of those works.

Certain works, particularly logos of government agencies, while not copyrightable, are still protected by other laws similar in effect to trademark laws, protecting indicators of source or quality. For example, the Central Intelligence Agency logo cannot be used without permission, in order to prevent the appearance of endorsement, under the CIA Act of 1949 (50 U.S.C. section 403m). "In accordance with the objectives of the Postal Reorganization Act of 1970 [Pub. L. 91–375, which enacted title 39, Postal Service], this section does not apply to works created by employees of the United States Postal Service." [1]

The federal government can hold copyrights to works when they are transferred to it, as can happen with work produced by contractors. For example, the federal government purchased the United States copyright to Madison's Notes from Dolley Madison for $30,000 upon Madison's death.

Contents

[edit] Digital historical material

The Digitized Document System (DDS) of the Army Heritage and Education Center (AHEC) and the U.S. Army Military History Institute (USAMHI) provide online access to images of a small selection of materials in their collections such as photographs, printed materials, archival documents, artifacts, and finding aids to their holdings. This system is called the Army Heritage Collection Online.

The materials available online represent many different periods of American military history, branches of the Army, activities military forces take part in, and documentation. In general, the materials selected for inclusion in the DDS are considered public domain and are not covered under copyright.

[edit] The U.S. Army Institute of Heraldry

The mission of the Institute is to furnish heraldic services to the Armed Forces and other United States government organizations, including the Executive Office of the President. The activities of the Institute encompass research, design, development, standardization, quality control, and other services relating to official symbolic items--seals, decorations, medals, insignia, badges, flags, and other items awarded to or authorized for official wear or display by government personnel and agencies. Limited research and information services concerning official symbolic items are also provided to the general public.

The images of all badges, insignia, decorations and medals on the institute web site are protected by Title 18, United States Code, Section 704 and the Code of Federal Regulations (32 CFR, Part 507). Permission to use these images for commercial purposes must be obtained from The Institute of Heraldry prior to their use.

TITLE 18 USC 33, Section 704 governs as follows:

Sec. 704. Military medals or decorations

(a) In General. - Whoever knowingly wears, manufactures, or sells any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

[edit] Works produced by contractors

Unlike works of the U.S. Government, works produced by contractors under government contracts (or submitted in anticipation of such contracts) are protected under U.S. Copyright Law. The ownership of the copyright depends on the terms of the contract and the type of work (e.g., "works made for hire", and transfer of ownership of other works). Contract terms and conditions vary between civilian agencies or NASA and the military.[2]

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. In addition, Agencies may have their own FAR Supplements that should be followed.

Under the FAR general data rights clause (FAR 52.227-14), except for works in which the contractor asserts claim to copyright, the Government has unlimited rights in all data first produced in the performance of a contract and all data delivered under a contract unless provided otherwise in the contract. Unless provided otherwise by an Agency FAR Supplement, a contractor may, without prior approval of the Contracting Officer, 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 the scope of the Government's license does not include the right to distribute to the public, and for "commercial software", the Government typically obtains no better license than would any other customer.

[edit] Examples

[edit] References

  1. ^ Legal Information Institute (September 27 2004). TITLE 17 > CHAPTER 1 > § 105 NOTES. US Code Collection. Ithaca, NY: Cornell Law School. Retrieved on July 22, 2005.
  2. ^ 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.. Retrieved on July 22, 2005.

[edit] See also

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