der, 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.

Except as otherwise provided by law, no recovery shall be had for any
infringement of a copyright covered by this subsection committed more
than three years prior to the filing of the complaint or counterclaim
for infringement in the action, except that the period between the date
of receipt of a written claim for compensation by the Department or
agency of the Government or corporation owned or controlled by the
United States, as the case may be, having authority to settle such claim
and the date of mailing by the Government of a notice to the claimant
that his claim has been denied shall not be counted as a part of the
three years, unless suit is brought before the last-mentioned date.

(c) The provisions of this section shall not apply to any claim arising
in a foreign country.

* * * * * * * * * *

(e) Subsections (b) and (c) of this section apply to exclusive rights in
mask works under chapter 9 of title 17 to the same extent as such
subsections apply to copyrights.

* * * * * * * * * *

Title 44 - Public Printing and Documents

Chapter 21 - National Archives and Records Administration

* * * * * * * * * *

Sec. 2117. Limitation on liability [6]

When letters and other intellectual productions (exclusive of patented
material, published works under copyright protection, and unpublished
works for which copyright registration has been made) come into the
custody or possession of the Archivist, the United States or its agents
are not liable f