Government Works

• Author: Robert A. Gorman
• Profession: University of Virginia School of Law
• Pages: 37

It is obviously in the public interest that persons be able freely to quote from-and indeed to reproduce in full-federal statutes, regulations, court opinions, legislative and commission reports, and the like. Section 105 of the Copyright Act so provides: "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." In section 101, a "work of the United States Government" is defined as "a work prepared by an officer or employee of the United States Government as part of that person's official duties." The House Report states that the intention is to apply this definition in the same manner as the definition of "works made for hire" by employees in the scope of their employment.73.

As an example of the operation of these statutory provisions, one might consider this monograph on copyright law, prepared under contract for the Federal Judicial Center. Its author is not an "employee" of the U.S. government, nor does this monograph satisfy the other requirements that would be necessary to make it a "work made for hire." Accordingl7, it is eligible for copyright protection in the name of the author (who might agree voluntarily to transfer the copyright to the government, which may hold a valid copyright as transL...