Copyright status of work by the U.S. government

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A work of the United States government, as defined by United States copyright law, is "a work prepared by an officer or employee of the U.S. government as part of that person's official duties."^[1] The term only applies to the work of the federal government, not state or local governments. In general, under section 105 of the Copyright Act,^[2] such works are not entitled to domestic copyright protection under U.S. law, sometimes referred to as "noncopyright." As an exception to section 105, 15 U.S.C. § 290e authorizes U.S. Secretary of Commerce to secure copyright for works produced by the Department of Commerce under the Standard Reference Data Act.^[3]

In addition, many publications of the U.S. government 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.

Also, certain works, particularly logos of government agencies, while not copyrightable, are still protected by other laws similar in effect to trademark laws. Such laws are intended to protect indicators of source or quality. The Central Intelligence Agency logo, for example, cannot be used without permission. This is intended to prevent the appearance of endorsement, under the CIA Act of 1949.^[4]

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 James Madison's notes from Dolley Madison for $30,000 upon Madison's death.^{[citation needed]}

1 Digital historical material
2 The U.S. Army Institute of Heraldry
3 Works produced by contractors
4 Exemptions
5 See also
6 References
7 External links

[edit] Digital historical material

The Digitized Document System (DDS) of the U.S. Army Heritage and Education Center (AHEC) and the United States Army Center of Military History (USAMHI) provide online access to images of a small selection of materials in their collections.^[5] Such works include 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, military activities, and documentation. In general, the materials selected for inclusion in the DDS are considered public domain and are not covered under copyright.^[6]

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

Main article: United States 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. 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.

[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 and restricted under U.S. copyright law. The holdership of the copyright depends on the terms of the contract and the type of work undertaken. Contract terms and conditions vary between agencies; contracts to NASA and the military may differ significantly from civilian agency contracts.^[7]

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. Additionally, some agencies may have their own FAR Supplements that they follow.

Under the FAR general data rights clause (FAR 52.227-14), the government has unlimited rights in all data first produced in performance of or delivered under a contract, unless the contractor asserts a claim to copyright or the contract provides otherwise. Unless provided otherwise by an Agency FAR Supplement, a contractor may 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] Exemptions

Works by certain indepedent agencies, corporations and Federal subsidiaries may be exempt from US Government copyright status. Material produced by some establishments including the United States Postal Service, Amtrak and the Smithsonian are typically subject to normal copyright. Most USPS materials, artwork and design and all postage stamps as of January 1, 1978 or after are subject to copyright laws. Older stamps are public domain.