I 
109TH CONGRESS 
1ST SESSION 
H. R. 962 
To amend title 10, United States Code, to allow faculty members at Depart-
ment of Defense service academies and schools of professional military 
education to secure copyrights for certain scholarly works that they 
produce as part of their official duties in order to submit such works 
for publication, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2005 
Mr. PLATTS (for himself and Mr. SKELTON) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Transportation and Infrastructure and Armed 
Services, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend title 10, United States Code, to allow faculty 
members at Department of Defense service academies 
and schools of professional military education to secure 
copyrights for certain scholarly works that they produce 
as part of their official duties in order to submit such 
works for publication, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF 
DEFENSE PERSONNEL WHO ARE FACULTY 
MEMBERS AT DEPARTMENT OF DEFENSE 
SCHOOLS OR OTHER ACADEMIES TO SECURE 
COPYRIGHTS 
FOR 
CERTAIN 
SCHOLARLY 
WORKS. 
(a) AUTHORITY.—(1) Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1033 
the following new section: 
‘‘§ 1033a. Faculty of service academies and Depart-
ment of Defense professional schools: lim-
ited authority to secure copyrights for 
certain works 
‘‘(a) AUTHORITY.—Subject to regulations prescribed 
under subsection (f), a person who is a member of the 
Army, Navy, Air Force, or Marine Corps, or a civilian em-
ployee of the Department of Defense, and is a faculty 
member of an institution described in subsection (e) may, 
notwithstanding section 105 or 201(b) of title 17, secure 
copyright protection under title 17 for a qualifying work, 
but only for the purposes of submitting such work for pub-
lication in a scholarly journal, publication, or other edited 
work for which such a copyright is a requirement for con-
sideration for publication or otherwise as may be pre-
scribed under regulations under this section.
‘‘(b) QUALIFYING WORKS.—A work is a qualifying 
work for purposes of this section if the work— 
‘‘(1) is prepared as part of a person’s official 
duties; and 
‘‘(2) meets such criteria as the Secretary of De-
fense may prescribe by regulation as a scholarly 
work for which copyright protection as provided in 
subsection (a) is warranted. 
‘‘(c) TRANSFER OF COPYRIGHT.—Upon acceptance 
for publication of a work for which copyright protection 
exists by reason of subsection (a), the person holding the 
copyright shall transfer the copyright to the owner or pub-
lisher of the medium in which the work will be published. 
‘‘(d) ROYALTIES, ETC.—No royalties or other com-
pensation may be accepted by a person described in sub-
section (a) by reason of copyright protection that exists 
by reason of subsection (a). 
‘‘(e) COVERED INSTITUTIONS.—The institutions re-
ferred to in subsection (a) are the following: 
‘‘(1) The United States Military Academy, 
United States Naval Academy, and United States 
Air Force Academy. 
‘‘(2) The National Defense University. 
‘‘(3) Any war college of the armed forces.
‘‘(4) Any graduate-level college or university of 
the Department of Defense. 
‘‘(5) The Coast Guard Academy. 
‘‘(6) The United States Merchant Marine Acad-
emy. 
‘‘(f) REGULATIONS.—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 by 
a person described in subsection (a).’’. 
(2) 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. Faculty of service academies and Department of Defense professional 
schools: limited authority to secure copyrights for certain 
works.’’. 
(b) EFFECTIVE DATE.—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 produced 
after the date of the enactment of this Act. 
(c) DEADLINE FOR REGULATIONS.—The Secretary of 
Defense shall prescribe regulations under subsection (f) of 
section 1033a of title 10, United States Code, as added 
by subsection (a), not later than 180 days after the date 
of the enactment of this Act.
SEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT 
COAST GUARD ACADEMY TO SECURE COPY-
RIGHTS FOR CERTAIN SCHOLARLY WORKS. 
(a) AUTHORITY.—(1) Chapter 9 of title 14, United 
States Code, is amended by inserting after section 196 the 
following new section: 
‘‘§ 198. Limited authority for faculty members to se-
cure copyrights for certain works 
‘‘(a) AUTHORITY.—Subject to regulations prescribed 
under subsection (f), a person who is a member of the 
Coast Guard, or a civilian employee of the Coast Guard, 
and is a faculty member of an institution described in sub-
section (e) may, notwithstanding section 105 or 201(b) of 
title 17, secure copyright protection under title 17 for a 
qualifying work, but only for the purposes of submitting 
such work for publication in a scholarly journal, publica-
tion, or other edited work for which such a copyright is 
a requirement for consideration for publication or other-
wise as may be prescribed under regulations under this 
section. 
‘‘(b) QUALIFYING WORKS.—A work is a qualifying 
work for purposes of this section if the work— 
‘‘(1) is prepared as part of a person’s official 
duties; and 
‘‘(2) meets such criteria as the Secretary may 
prescribe by regulation as a scholarly work for which
copyright protection as provided in subsection (a) is 
warranted. 
‘‘(c) TRANSFER OF COPYRIGHT.—Upon acceptance 
for publication of a work for which copyright protection 
exists by reason of subsection (a), the person holding the 
copyright shall transfer the copyright to the owner or pub-
lisher of the medium in which the work will be published. 
‘‘(d) ROYALTIES, ETC.—No royalties or other com-
pensation may be accepted by a person described in sub-
section (a) by reason of copyright protection that exists 
by reason of subsection (a). 
‘‘(e) COVERED INSTITUTIONS.—The institutions re-
ferred to in subsection (a) are the following: 
‘‘(1) The Coast Guard Academy. 
‘‘(2) The United States Merchant Marine Acad-
emy. 
‘‘(3) The United States Military Academy, 
United States Naval Academy, and United States 
Air Force Academy. 
‘‘(4) The National Defense University. 
‘‘(5) Any war college of the armed forces. 
‘‘(6) Any graduate-level college or university of 
the Department of Defense. 
‘‘(f) REGULATIONS.—The Secretary shall prescribe 
regulations for the purposes of this section. Such regula-
tions shall include provisions specifying the types of works 
for which copyright protection may be secured by a person 
described in subsection (a).’’. 
(2) The table of sections at the beginning of such 
chapter is amended by inserting after the item relating 
to section 196 the following new item: 
‘‘198. Limited authority for faculty members to secure copyrights for certain 
works.’’. 
(b) EFFECTIVE DATE.—Section 198 of title 14, 
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 produced 
after the date of the enactment of this Act. 
(c) DEADLINE FOR REGULATIONS.—The Secretary of 
the department in which the Coast Guard is operating 
shall prescribe regulations under subsection (f) of section 
198 of title 14, United States Code, as added by sub-
section (a), not later than 180 days after the date of the 
enactment of this Act. 
SEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT 
UNITED STATES MERCHANT MARINE ACAD-
EMY TO SECURE COPYRIGHTS FOR CERTAIN 
WORKS. 
(a) AUTHORITY.—Title XIII of the Merchant Marine 
Act, 1936 (46 App. U.S.C. 1295 et seq.) is amended by 
adding at the end the following new section:
‘‘SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS 
TO 
SECURE 
COPYRIGHTS 
FOR 
CERTAIN 
WORKS. 
‘‘(a) AUTHORITY.—Subject to regulations prescribed 
under subsection (f), a person who is an employee of the 
Department of Transportation and is a faculty member 
of an institution described in subsection (e) may, notwith-
standing section 105 or 201(b) of title 17, secure copy-
right protection under title 17 for a qualifying work, but 
only for the purposes of submitting such work for publica-
tion in a scholarly journal, publication, or other edited 
work for which such a copyright is a requirement for con-
sideration for publication or otherwise as may be pre-
scribed under regulations under this section. 
‘‘(b) QUALIFYING WORKS.—A work is a qualifying 
work for purposes of this section if the work— 
‘‘(1) is prepared as part of a person’s official 
duties; and 
‘‘(2) meets such criteria as the Secretary of 
Transportation may prescribe by regulation as a 
scholarly work for which copyright protection as pro-
vided in subsection (a) is warranted. 
‘‘(c) TRANSFER OF COPYRIGHT.—Upon acceptance 
for publication of a work for which copyright protection 
exists by reason of subsection (a), the person holding the
copyright shall transfer the copyright to the owner or pub-
lisher of the medium in which the work will be published. 
‘‘(d) ROYALTIES, ETC.—No royalties or other com-
pensation may be accepted by a person described in sub-
section (a) by reason of copyright protection that exists 
by reason of subsection (a). 
‘‘(e) COVERED INSTITUTIONS.—The institutions re-
ferred to in subsection (a) are the following: 
‘‘(1) The United States Merchant Marine Acad-
emy. 
‘‘(2) The Coast Guard Academy. 
‘‘(3) The United States Military Academy, 
United States Naval Academy, and United States 
Air Force Academy. 
‘‘(4) The National Defense University. 
‘‘(5) Any war college of the armed forces. 
‘‘(6) Any graduate-level college or university of 
the Department of Defense. 
‘‘(f) REGULATIONS.—The Secretary of Transpor-
tation shall prescribe regulations for the purposes of this 
section. Such regulations shall include provisions speci-
fying the types of works for which copyright protection 
may be secured by a person described in subsection (a).’’. 
(b) EFFECTIVE DATE.—Section 1308 of Merchant 
Marine Act, 1936, as added by subsection (a), shall apply
only with respect to works that, as determined under regu-
lations prescribed under that section, are produced after 
the date of the enactment of this Act. 
(c) DEADLINE FOR REGULATIONS.—The Secretary of 
Transportation shall prescribe regulations under section 
1308 of Merchant Marine Act, 1936, as added by sub-
section (a), not later than 180 days after the date of the 
enactment of this Act. 
Æ