Work of the United States Government
Encyclopedia
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." The term only applies to the work of the federal government, including the governments of "non-organized territorial areas" under the jurisdiction of the U.S Government, but not state or local governments. In general, under section 105 of the Copyright Act, such works are not entitled to domestic copyright protection under U.S. law, sometimes referred to as "noncopyright."
The act only applies to U.S. domestic copyright as that is the extent of U.S. federal law. The U.S. government asserts that it can still hold the copyright to those works in other countries. However, the language of the statute implies no geographical restriction on its denial of copyright protection to U.S. government works as it says, "Copyright protection under this title is not available for any work of the United States Government…."
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), and this rule does not necessarily apply to the creative content of those works.
and the military may differ significantly from civilian agency contracts.
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 work
s, 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.
's manuscripts from his widow, Dolley Madison
, for $30,000; if this is construed as covering copyright as well as the physical papers, it would be an example of such a transfer.
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. Works of the former United States Post Office Department
are in the public domain (due to its former position as a cabinet department).
authorizes U.S. Secretary of Commerce
to secure copyright for works produced by the Department of Commerce
under the Standard Reference Data Act.
The non-copyright rule also does not apply to state or municipal governments, District of Columbia, Puerto Rico
, or "organized territories" under the jurisdiction of the U.S. Government.
considers edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents, not copyrightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments.
s 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. For example, some uses of the Central Intelligence Agency
logo, name, and initialism are regulated under the CIA Act
of 1949 .
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
, is "a work prepared by an officer or employee of the U.S. government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
as part of that person's official duties." The term only applies to the work of the federal government, including the governments of "non-organized territorial areas" under the jurisdiction of the U.S Government, but not state or local governments. In general, under section 105 of the Copyright Act, such works are not entitled to domestic copyright protection under U.S. law, sometimes referred to as "noncopyright."
The act only applies to U.S. domestic copyright as that is the extent of U.S. federal law. The U.S. government asserts that it can still hold the copyright to those works in other countries. However, the language of the statute implies no geographical restriction on its denial of copyright protection to U.S. government works as it says, "Copyright protection under this title is not available for any work of the United States Government…."
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), and this rule does not necessarily apply to the creative content of those works.
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 NASANASA
The National Aeronautics and Space Administration is the agency of the United States government that is responsible for the nation's civilian space program and for aeronautics and aerospace research...
and the military may differ significantly from civilian agency contracts.
Civilian agencies and NASA are guided by the Federal Acquisition Regulations
Federal Acquisition Regulations
The Federal Acquisition Regulation is the principal set of rules in the Federal Acquisition Regulation System. This system consists of sets of regulations issued by agencies of the Federal government of the United States to govern what is called the "acquisition process"; this is the process...
(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 work
Derivative work
In United States copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work .-Definition:...
s, 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.
Transfers
The federal government can hold copyrights that are transferred to it. For example, in 1837, the federal government purchased former U.S. President James MadisonJames Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
's manuscripts from his widow, Dolley Madison
Dolley Madison
Dolley Payne Todd Madison was the spouse of the fourth President of the United States, James Madison, and was First Lady of the United States from 1809 to 1817...
, for $30,000; if this is construed as covering copyright as well as the physical papers, it would be an example of such a transfer.
Exemptions
Works by certain independent agencies, corporations and Federal subsidiaries may be exempt from US Government copyright status. For instance, material produced by the United States Postal ServiceUnited States Postal Service
The United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
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. Works of the former United States Post Office Department
United States Post Office Department
The Post Office Department was the name of the United States Postal Service when it was a Cabinet department. It was headed by the Postmaster General....
are in the public domain (due to its former position as a cabinet department).
authorizes U.S. Secretary of Commerce
United States Secretary of Commerce
The United States Secretary of Commerce is the head of the United States Department of Commerce concerned with business and industry; the Department states its mission to be "to foster, promote, and develop the foreign and domestic commerce"...
to secure copyright for works produced by the Department of Commerce
United States Department of Commerce
The United States Department of Commerce is the Cabinet department of the United States government concerned with promoting economic growth. It was originally created as the United States Department of Commerce and Labor on February 14, 1903...
under the Standard Reference Data Act.
State and local governments
The non-copyright rule also does not apply to state or municipal governments, District of Columbia, Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, or "organized territories" under the jurisdiction of the U.S. Government.
Edicts of government
The United States Copyright OfficeUnited States Copyright Office
The United States Copyright Office, a part of the Library of Congress, is the official U.S. government body that maintains records of copyright registration in the United States. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works.The head of...
considers edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents, not copyrightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments.
Other restrictions
Certain works, particularly logos and emblemEmblem
An emblem is a pictorial image, abstract or representational, that epitomizes a concept — e.g., a moral truth, or an allegory — or that represents a person, such as a king or saint.-Distinction: emblem and symbol:...
s of government agencies, while not copyrightable, are still protected by other laws similar in effect to trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
laws. Such laws are intended to protect indicators of source or quality. For example, some uses of the Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
logo, name, and initialism are regulated under the CIA Act
Central Intelligence Agency Act
The Central Intelligence Agency Act, , is a United States federal law enacted in 1949.The Act, also called the "CIA Act of 1949" or "Public Law 110" permitted the Central Intelligence Agency to use confidential fiscal and administrative procedures and exempting it from many of the usual limitations...
of 1949 .
See also
- The work of the United States Government and how it operates can be found under Federal Government of the United StatesFederal government of the United StatesThe federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
- Classified information in the United StatesClassified information in the United StatesThe United States government classification system is currently established under Executive Order 13526, the latest in a long series of executive orders on the topic. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the...
- The World FactbookThe World FactbookThe World Factbook is a reference resource produced by the Central Intelligence Agency of the United States with almanac-style information about the countries of the world. The official paper copy version is available from the National Technical Information Service and the Government Printing Office...
- Federal Standard 1037CFederal Standard 1037CFederal Standard 1037C, titled Telecommunications: Glossary of Telecommunication Terms is a United States Federal Standard, issued by the General Services Administration pursuant to the Federal Property and Administrative Services Act of 1949, as amended....
- Copyright status of work by the Florida governmentCopyright status of work by the Florida governmentUnder Florida's Constitution and its statutes, Florida's public records are not permitted to claim copyright unless the legislature specifically permits it...
- public.resource.orgPublic.Resource.OrgPublic.Resource.Org is a 501 non-profit corporation dedicated to publishing and sharing public domain materials in the United States. It was founded by Carl Malamud and is based out of Sebastopol, California. Their motto is “Making Government Information More Accessible”...