(a) In General.—Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.

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Terms Used In 17 USC 105

  • Bequest: Property gifted by will.
  • United States: when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. See 17 USC 101
  • work of the United States Government: is a work prepared by an officer or employee of the United States Government as part of that person's official duties. See 17 USC 101

(b) Copyright Protection of Certain Works.—Subject to subsection (c), the covered author of a covered work owns the copyright to that covered work.

(c) Use by Federal Government.—

(1) Secretary of defense authority.—With respect to a covered author who produces a covered work in the course of employment at a covered institution described in subparagraphs (A) through (L) of subsection (d)(2), the Secretary of Defense may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government.

(2) Director of national intelligence authority.—With respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection (d)(2)(M),1 the Director of National Intelligence may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, world-wide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government.


(d) Definitions.—In this section:

(1) The term “covered author” means a civilian member of the faculty of a covered institution.

(2) The term “covered institution” means the following:

(A) National Defense University.

(B) United States Military Academy.

(C) Army War College.

(D) United States Army Command and General Staff College.

(E) United States Naval Academy.

(F) Naval War College.

(G) Naval Post Graduate School.

(H) Marine Corps University.

(I) United States Air Force Academy.

(J) Air University.

(K) Defense Language Institute.

(L) United States Coast Guard Academy.

(M) 2 United States Merchant Marine Academy.

(M) 2 National Intelligence University.


(3) The term “covered Secretary” 3 means—

(A) the Secretary of Transportation, with respect to the United States Merchant Marine Academy;

(B) the Secretary of Homeland Security, with respect to the United States Coast Guard Academy; or

(C) the Secretary of Defense, with respect to any other covered institution under paragraph (2).


(4) The term “covered work” means a literary work produced by a covered author in the course of employment at a covered institution for publication by a scholarly press or journal.

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