An Act to amend title 28 of the United States Code relating to actions for infringements of copyrights by the United States
PL 86-726 (H.R.4059), enacted 09/08/1960

74 S T A T . ] 
PUBLIC LAW 86-726-SEPT. 8, 1960 
855 
Public Law 86-726 
AN ACT 
To amend title 28 of the United States Code relating to actions for infringements 
of copyrights by the United States. 
September 8, 1960 
[H. R. 4059] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 1498 of 
title 28 of the United States Code is hereby amended by inserting the 
letter " ( a ) " at the beginning of the section and adding at the end 
thereof new subsections " (b)" and " (c)" reading as follows: 
"(b) Hereafter, whenever the copyright in any work protected un-
der the copyright laws of the United States shall be infringed by the 
United States, by a corporation owned or controlled by the United 
States, or by a contractor, subcontractor, or any person, firm, or cor-
poration acting for the Government and with the authorization or 
consent of the Government, the exclusive remedy of the owner of such 
copyright shall be by action against the United States in the Court 
of Claims for the recovery of his reasonable and entire compensation 
as damages for such infringement, including the minimum statutory 
damages as set forth in section 101(b) of title 17, United States Code: 
Provided, That a Government employee shall have a fight of action 
against the Government under this subsection except where he was in 
a position to order, influence, or induce use of the copyrighted work 
by the Government: Provided, however. That this subsection shall not 
confer a right of action on any copyright owner or any assignee of 
such owner with respect to any copyrighted work prepared by a per-
son while in the employment or service of the United States, where 
the copyrighted work was prepared as a part of the official functions 
of the employee, or in the preparation of which Government time, 
material, or facilities were used: And provided further, That before 
such action against the United States has been instituted the appro-
priate corporation owned or controlled by the United States or the 
head of the appropriate department or agency of the Government, as 
the case may be, is authorized to enter into an agreement with the 
copyright owner in full settlement and compromise for the damages 
accruing to him by reason of such infringement and to settle the claim 
administratively out of available appropriations. 
"Except as otherwise provided by law, no recovery shall be had for 
any infringement of a copyright covered by this subsection committed 
more than three years prior to the filing of the complaint or counter-
claim for infringement in the action, except that the period between 
the date of receipt of a written claim for compensation by the De-
partment or agency of the Government or corporation owned or 
controlled by the United States, as the case may be, having authority 
to settle such claim and the date of mailing by the Government of a 
notice to the claimant that his claim has been denied shall not be 
counted as a part of the three years, unless suit is brought before 
the last-mentioned date. 
"(c) The provisions of this section shall not apply to any claim 
arising in a foreign country." 
SEC. 2. Nothing in this Act shall be construed to in any way waive 
any immunity provided for Members of Congress under article I 
of section 6 of the Constitution of the United States. 
SEO. 3. Title 10, United States Code, section 2386(4), is amended by 
adding after "patents" the words "or copyrights". 
Copyright s, : 
fringements. 
62 Stat. 941. 
Actions 
against 
U. S. 
Court of Claims. 
61 Stat. 661. 
Claims in foreign 
countries. 
u s e prec. Title 1. 
70A Stat. 137. 
856 
PUBLIC LAW 86-727-SEPT. 8, 1960 
[74 ST A T . 
SEC. 4. The catchline of section 1498 of title 28, United States Code, 
is amended to read— 
"§ 1498. Patent and copyright cases". 
The item identified as 
^•1498. Patent cases." 
in the chapter analysis of chapter 91 of title 28, United States Code, 
is amended to read— 
"1498. Patoiit ftrirt fopyrixht cases." 
Approved September 8, 1960. 
September 8, 1960 
[S. 3867] 
Public Law 86-727 
AN ACT 
To exempt from taxation certain property of the National Guard Association of 
the United States in the District of Columbia. 
N a t ional Guard 
A s s o c i a t i o n of 
U. S., D. C. 
Tax exemption. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled^ That the property 
situated in square 625 in the city of Washington, District of Columbia, 
described as lot 60, together with the improvements thereon, owned 
by the President. Vice President, Secretary, and Treasurer of the 
National Guard Association of the United States, as trustees and in 
trust for the use and benefit of the National Guard Association of the 
United States, a voluntari^ unincorporated association with principal 
headcjuarters in the District of Columbia, is hereby exempt from all 
taxation from and after July 1,1961, so long as the same is owned by 
the President, Vice President, Secretary, and Treasurer of the 
National Guard Association of the United States, as trustees and in 
trust for the use and benefit of the National Guard Association of the 
United States and occupied bv the National Guard Association of the 
United States, is used solely tor the purposes of said Association, and 
is not used for commercial purposes, subject to the provisions of 
sections 2, 3, and 5 of the Act entitled "An Act to define the real 
property exempt from taxation in the District of Columbia," approved 
December 24, 1942 (56 Stat. 1091; D.C. Code, sees. 47-801b, 4t-801c, 
and47-801e). 
Approved September 8, 1960. 
September 8, 1960 
[S. 1214] 
Public Law 86-728 
AN ACT 
To amend the Act of March 11, 1948 (62 Stat. 78), relating to the establishment 
of the De Soto National Memorial, in the State of Florida. 
De Soto National 
Memorial, Fla. 
16 u s e 4 5 Odd 
note. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Act of 
March 11, 1948 (62 Stat. 78), relating to the establishment of De Soto 
National Memorial, Florida, as amended by the Act of August 21, 
1950 (64 Stat, 469), is hereby amended as follows: 
A. By striking from section 1 of the Act the words "twenty-five", 
and by substituting therefor the word "thirty". 
B. By striking from section 3 of said Act, as amended, the figure 
"$50,000" and inserting in lieu thereof the figure "$175,000". 
Approved September 8, 1960.