To amend title 17, United States Code, with respect to works connected to certain funding agreements.

Summary: Fair Copyright in Research Works Act - Prohibits any federal agency from imposing any condition, in connection with a funding agreement, that requires the transfer or license to or for a federal agency, or requires the absence or abandonment, of specified exclusive rights of a copyright owner in an extrinsic work.

Prohibits any federal agency from: (1) imposing, as a condition of a funding agreement, the waiver of, or assent to, any such prohibition; or (2) asserting any rights in material developed under any funding agreement that restrain or limit the acquisition or exercise of copyright rights in an extrinsic work.

Defines "funding agreement" as any contract, grant, or other agreement entered into between a federal agency and any person under which funds are provided by a federal agency for the performance of experimental, developmental, or research activities.

Defines "extrinsic work" as any work, other than a work of the U.S. government, that is related to a funding agreement and is also funded in substantial part by, or results from a meaningful added value contributed by, one or more nonfederal entities that are not a party to the funding agreement.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Copyright in Research Works 
Act''.

SEC. 2. LIMITATIONS ON FEDERAL GOVERNMENT REGARDING EXTRINSIC WORKS.

    (a) In General.--Section 201 of title 17, United States Code, is 
amended by adding at the end the following new subsection:
    ``(f) Limitations on the Federal Government.--
            ``(1) Limitations regarding funding agreements.--No Federal 
        agency may, in connection with a funding agreement--
                    ``(A) impose or cause the imposition of any term or 
                condition that--
                            ``(i) requires the transfer or license to 
                        or for a Federal agency of--
                                    ``(I) any right provided under 
                                paragraph (3), (4) or (5) of section 
                                106 in an extrinsic work; or
                                    ``(II) any right provided under 
                                paragraph (1) or (2) of section 106 in 
                                an extrinsic work, to the extent that, 
                                solely for purposes of this subsection, 
                                such right involves the availability to 
                                the public of that work; or
                            ``(ii) requires the absence or abandonment 
                        of any right described in subclause (I) or (II) 
                        of clause (i) in an extrinsic work;
                    ``(B) impose or cause the imposition of, as a 
                condition of a funding agreement, the waiver of, or 
                assent to, any prohibition under subparagraph (A); or
                    ``(C) assert any rights under this title in 
                material developed under any funding agreement that 
                restrain or limit the acquisition or exercise of rights 
                under this title in an extrinsic work.
        Any term, condition, or assertion prohibited under subparagraph 
        (A), (B), or (C) shall be given no effect under this title or 
        otherwise.
            ``(2) Construction.--
                    ``(A) Certain other rights not limited.--Nothing in 
                paragraph (1)(A)(i)(II) shall be construed to limit the 
                rights provided to the copyright owner under paragraphs 
                (1) and (2) of section 106.
                    ``(B) No new copyright protection created.--Nothing 
                in this subsection provides copyright protection to any 
                subject matter that is not protected under section 102.
            ``(3) Definitions.--In this subsection:
                    ``(A) Extrinsic work.--The term `extrinsic work' 
                means any work, other than a work of the United States 
                Government, that is based upon, derived from, or 
                related to, a funding agreement and--
                            ``(i) is also funded in substantial part by 
                        one or more other entities, other than a 
                        Federal agency, that are not a party to the 
                        funding agreement or acting on behalf of such a 
                        party; or
                            ``(ii) represents, reflects, or results 
                        from a meaningful added value or process 
                        contributed by one or more other entities, 
                        other than a Federal agency, that are not a 
                        party to the funding agreement or acting on 
                        behalf of such a party.
                    ``(B) Federal agency.--The term `Federal agency' 
                means any department, agency, or instrumentality of the 
                United States Government.
                    ``(C) Funding agreement.--The term `funding 
                agreement' means any contract, grant, or other 
                agreement entered into between a Federal agency and any 
                person under which funds are provided by a Federal 
                agency, in whole or in part, for the performance of 
                experimental, developmental, or research activities.''.
    (b) Applicability.--The amendment made by subsection (a) applies to 
any funding agreement that is entered into on or after the date of the 
enactment of this Act.
    (c) Report to Congressional Committees.--Not later than the date 
that is 5 years after the date of the enactment of this Act, the 
Register of Copyrights shall, after consulting with the Comptroller 
General and with Federal agencies that provide funding under funding 
agreements and with publishers in the private sector, review and submit 
to the appropriate congressional committees a report on the Register's 
views on section 201(f) of title 17, United States Code, as added by 
subsection (a) of this section, taking into account the development of 
and access to extrinsic works and materials developed under funding 
agreements, including the role played by publishers in the private 
sector and others.
    (d) Definitions.--In this section:
            (1) Extrinsic work; federal agency; funding agreement.--The 
        terms ``extrinsic work'', ``Federal agency'', and ``funding 
        agreement'' have the meanings given those terms in section 
        201(f)(3) of title 17, United States Code, as added by 
        subsection (a) of this section.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        the Judiciary and the Committee on Appropriations of the House 
        of Representatives and the Committee on the Judiciary and the 
        Committee on Appropriations of the Senate.