I

103D CONGRESS

1ST SESSION H. R. 523

To amend the Stevenson-Wydler Technology Innovation Act of 1980 to enhance technology transfer for works prepared under certain cooperative

research and development agreements.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1993

Mrs. MORELLA introduced the following bill; which was referred jointly to the

Committees on Science, Space, and Technology and the Judiciary

A BILL

To amend the Stevenson-Wydler Technology Innovation Act

of 1980 to enhance technology transfer for works prepared under certain cooperative research and development agreements.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Technology Transfer

5 Improvements Act of 1993’’.
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1 SEC. 2. COPYRIGHT FOR SOFTWARE.

2 (a) Section 12 of the Stevenson-Wydler Technology

3 Innovation Act of 1980 (15 U.S.C. 3710a) is amended by

4 adding at the end the following new subsection:

5 ‘‘(h) COPYRIGHT OF COMPUTER SOFTWARE.—Each

6 Federal agency may secure copyright on behalf of the

7 United States as author or proprietor in any computer

8 software prepared in whole or in part by employees of the

9 United States Government in the course of work under

10 a cooperative research and development agreement entered

11 into under the authority of subsection (a)(1) of this sec12 tion, or under any other equivalent authority, notwith13 standing the limitations contained in section 105 of title

14 17, United States Code; and may grant or agree to grant

15 in advance to a collaborating party, licenses or assign16 ments for such copyrights, or options thereto, retaining

17 a nonexclusive, nontransferable, irrevocable, paid-up li18 cense to reproduce, adapt, translate, distribute, and pub19 licly perform or display the computer software throughout

20 the world by or on behalf of the Government and such

21 other rights as the Federal agency deems appropriate.’’.

22 (b) Section 4 of the Stevenson-Wydler Technology In23 novation Act of 1980 (15 U.S.C. 3703) is amended by

24 adding at the end the following new paragraph:

25 ‘‘(14) ‘Computer software’ means a computer

26 program, as defined in section 101 of title 17, Unit-
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1 ed States Code, and any associated documentation,

2 supporting materials, or user instructions.’’.

3 SEC. 3. ROYALTY PAYMENTS TO AUTHORS.

4 SEC. 3. (a) Section 14(a) (1)(A), (2), and (3) of the

5 Stevenson-Wydler Technology Innovation Act of 1980 (15

6 U.S.C. 3710c(a) (1)(A), (2), and (3)) is amended—

7 (1) by inserting ‘‘or computer software’’ after

8 ‘‘inventions’’ each place it appears;

9 (2) by inserting ‘‘or computer software’’ after

10 ‘‘invention’’ each place it appears;

11 (3) by inserting ‘‘or author’’ after ‘‘inventor’’

12 each place it appears;

13 (4) by inserting ‘‘or co-author’’ after ‘‘co-inven14 tor’’ each place it appears;

15 (5) by inserting ‘‘or authors’’ after ‘‘inventors’’

16 each place it appears;

17 (6) by inserting ‘‘or co-authors’’ after ‘‘co-in18 ventors’’ each place it appears; and

19 (7) by inserting ‘‘or author’s’’ after ‘‘inven20 tor’s’’ each place it appears.

21 (b) Section 14(a)(1)(B) of the Stevenson-Wydler

22 Technology Innovation Act of 1980 (15 U.S.C.

23 3710c(a)(1)(B)) is amended—

24 (1) by inserting ‘‘or computer software’’ after

25 ‘‘income from any invention’’;
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1 (2) by inserting ‘‘or computer software was de2 veloped’’ after ‘‘the invention occurred’’;

3 (3) by inserting ‘‘or computer software’’ after

4 ‘‘licensing of inventions’’ in clause (i);

5 (4) by inserting ‘‘or computer software which

6 was developed’’ after ‘‘with respect to inventions’’ in

7 clause (i); and

8 (5) by inserting ‘‘or computer software’’ after

9 ‘‘organizations for invention’’ in clause (i).

10 (c) Section 14(c) of the Stevenson-Wydler Technology

11 Innovation Act of 1980 (15 U.S.C. 3710c(c)) is amended

12 by inserting ‘‘or author’’ after ‘‘including inventor’’.

13 SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

14 Section 12(c) of the Stevenson-Wydler Technology

15 Innovation Act of 1980 (15 U.S.C. 3710a(c)), is amended

16 by inserting ‘‘or computer software’’ after ‘‘inventions’’

17 each place it appears.

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