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Chapter 91 - United States Court of Federal Claims
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Sec. 1498. Patent and copyright cases [5]
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(b) Hereafter, whenever the copyright in any work protected under 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 corporation acting
for the Government and with the authorization or consent of the
Government, the exclusive action which may be brought for such
infringement shall be an action by the copyright owner against the
United States in the Court of Federal 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 504(c)
of title 17, United States Code: Provided, That a Government employee
shall have a right 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 person 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 appropriate 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.
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