Can a copyright owner sue the Government if the Government, or a contractor performing under a government contract, infringes the copyright?
Yes. Title 28 U.S.C. 1498(b)149 specifies that a copyright owner’s exclusive remedy shall be an action against the United States in the U.S. Court of Federal Claims. The suit must be initiated within three years of the act of infringement. The U.S. Government is also liable for infringement by a government contractor if the contractor acted with the authorization or consent of the Government. DOD agencies process administrative claims of copyright infringement in accordance with DFARS Subpart 227.70150.
Related Questions
- If the contractor assigns his copyright in scientific and technical articles produced under a Government contract to a publisher, what rights does the Government had in the article?
- Can a copyright owner sue the Government if the Government, or a contractor performing under a government contract, infringes the copyright?
- If the Contractor is Allowed to Assert Copyright in a Work Produced Under a Government Contract, What Rights Does the Government Have?
