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H.R.6845 - Fair Copyright in Research Works Act
To amend title 17, United States Code, with respect to works connected to certain funding agreements.
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September 9, 2008CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. LIMITATIONS ON FEDERAL GOVERNMENT REGARDING EXTRINSIC WORKS.
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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
(1) EXTRINSIC WORK; FEDERAL AGENCY; FUNDING AGREEMENT- The terms ‘extrinsic work’, ‘Federal agency’, and ‘funding agreement’ have the meanings given those terms in
(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.CommentsClose CommentsPermalink