Sec. 1043. Limited authority for United States to secure copyrights for certain scholarly works prepared by faculty of certain Department of Defense professional schools
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Chapter 53 of title 10, United States Code, is amended by inserting after section 1033 the following new section: Subject to regulations prescribed under subsection (f), the United States may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work written by a faculty member of an institution of the Department of Defense specified in subsection (e), 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.
Notwithstanding section 501 of title 44, the Department of Defense need not use the services of the Government Printing Office or a field printing plant operated by the Department of Defense with respect to a work for which copyright protection exists by reason of paragraph (1). A work is a qualifying work for purposes of this section if the work— is prepared as part of a person’s official duties; and 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. Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the United States may transfer the copyright to the owner or publisher of the medium in which the work will be published. The United States shall maintain a perpetual, royalty-free license to use the scholarly work for any official purpose of the United States. No royalties or other compensation may be accepted by a person covered by subsection
(a)by reason of copyright protection that exists by reason of subsection (a). The institutions referred to in subsection
(a)are the following: The United States Military Academy, the United States Naval Academy, and the United States Air Force Academy. The National Defense University. Any war college of the armed forces. Any graduate-level college or university of the Department of Defense. 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 under subsection
(a)and the purposes for which the copyright may be secured. . 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. Limited authority for United States to secure copyrights for certain scholarly works of faculty of Department of Defense professional schools. . 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 completed after the date of the enactment of this Act.