House Study Bill 566 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED PUBLIC BROADCASTING BOARD BILL) A BILL FOR An Act relating to the Iowa public broadcasting board, 1 including the board’s authority with respect to intellectual 2 property. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5340DP (6) 89 jda/jh

S.F. _____ H.F. _____ Section 1. Section 256.84, subsection 5, Code 2022, is 1 amended to read as follows: 2 5. The board shall establish guidelines for and may impose 3 and collect fees and charges for services. Fees and charges 4 collected by the board for services shall be deposited to the 5 credit of the division. Any interest earned on these receipts, 6 and revenues generated under subsection 7 6 , shall be retained 7 and may be expended by the division subject to the approval of 8 the board. 9 Sec. 2. Section 256.84, Code 2022, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 10A. a. The board may own, acquire, 12 secure, apply for, and receive intellectual property rights, 13 including copyrights, trademarks, service marks, patents, and 14 trade secrets, and enforce the rights of the board with respect 15 to such intellectual property rights. 16 b. The board may enter into agreements for the sale, 17 licensing, distribution, or other use of or access to the 18 board’s intellectual property rights. The board may charge 19 fees in connection with the rights granted under such 20 agreements. 21 c. Notwithstanding any provision of law to the contrary, 22 the board may restrict the access to, use of, exploitation 23 of, or dissemination of the board’s or the division’s works, 24 derivative works, content, records, recordings, videos, audio, 25 footage, photographs, artwork, music, compilations, electronic 26 storage, documents, inventions, marks, trade secrets, tape, and 27 other information or material, if any of the following apply: 28 (1) The works, derivative works, content, records, 29 recordings, videos, audio, footage, photographs, artwork, 30 music, compilations, electronic storage, documents, inventions, 31 marks, trade secrets, tape, or other information or material 32 is protected by law or subject to the board’s intellectual 33 property rights. 34 (2) The works, derivative works, content, records, 35 -1- LSB 5340DP (6) 89 jda/jh 1/ 3

S.F. _____ H.F. _____ recordings, videos, audio, footage, photographs, artwork, 1 music, compilations, electronic storage, documents, inventions, 2 tape, or other information or material contain content, 3 records, music, footage, artwork, photographs, video, audio, 4 recordings, footage, works, derivative works, compilations, 5 or other property or material in which the underlying or 6 related intellectual property rights are owned or managed by 7 or on behalf of another person or are subject to limitations 8 contained in licensing or other agreements. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the Iowa public broadcasting board, 13 including the board’s authority with respect to intellectual 14 property. 15 The bill authorizes the board to own intellectual property 16 rights and enforce the rights of the board with respect to such 17 intellectual property rights. 18 The bill authorizes the board to enter into agreements for 19 the use of or access to the board’s intellectual property 20 rights. The bill provides that the board may charge fees in 21 connection with the rights granted under such agreements. 22 The bill provides that the board may restrict the access 23 to or use of the board’s or the public broadcasting division 24 of the department of education’s works, derivative works, 25 content, records, recordings, videos, audio, footage, 26 photographs, artwork, music, compilations, electronic storage, 27 documents, inventions, marks, trade secrets, tape, and other 28 information or material if the works, derivative works, or 29 other information or material is protected by law or subject 30 to the board’s intellectual property rights or if the works, 31 derivative works, or other information or material contain 32 content, records, music, footage, artwork, photographs, 33 video, audio, recordings, footage, works, derivative works, 34 compilations, or other property or material in which the 35 -2- LSB 5340DP (6) 89 jda/jh 2/ 3

S.F. _____ H.F. _____ underlying or related intellectual property rights are owned 1 or managed by or on behalf of another person or are subject to 2 limitations contained in licensing or other agreements. 3 The bill also corrects an internal reference in Code section 4 256.84(5) relating to revenue generated from contracts entered 5 into by the board. 6 -3- LSB 5340DP (6) 89 jda/jh 3/ 3