Re: Using government recordings

On Tue, 20 May 97, Robert Adams <robert_adams[_at_]ntsc.navy.mil> wrote:
>
> On 5/20/97, John Noble <jnoble[_at_]dgs.dgsys.com> wrote:
> >
> > On 5/16/97, H. Federow <hfederow[_at_]u.washington.edu> wrote:
> > >
> > > On Wed, 14 May 1997, Linda Hopkins <intelliwar[_at_]aol.com> wrote:
> > > >
> > > > On us government information that is subject to copyright, the
> > > > general policy and applicable law is that govt. does not hold
> > > > copyright. But I suggest you get it in writing because nowadays
> > > > the federal government is changing their policy on this, agency
> > > > by agency, and for specific materials that they see generating
> > > > money.
> > >
> > > Since the copyright statute is what provides no copyright, that is
> > > not what is going on. Agencies can charge you for making copies of
> > > their own stuff; they've always done that, just look at GPO.
> > > However, getting a US document from a library and copying it does
> > > not violate a copyright, since there isn't one.
> >
> > There's more to it than that. If my understanding is correct, works by
> > the government don't get copyright protection, but the government can
> > and does take assignment of copyright in works created under contract
> > for the government. Can anyone verify or refute this.
>
> John Noble asked for someone to verify or refute that the
> Government takes assignment of the copyright in works created
> under contract.
>
> John -- The civilian agencies use the Federal Acquisition
> Regulation for their data rights clauses. The Department of
> Defense uses the Defense Supplement (DFARS). The Rights In
> Special Works clause of DFARS 252.227-7020 assigns copyright to
> the Government in works to be delivered that are first produced,
> created, or generated under the contract. However, the standard
> data rights clause for DOD is DFARS 252.227-7013. It does not
> assign copyright. It grants a copyright license to the
> Government.
>
> The "Special Works" clause primarily is used pursuant to DFARS
> 227.7106 where the Government has a specific need to control
> distribution or obtain indemnity.
>
> The civilian agencies are not covered by the above-identified
> clauses.

I agree with Robert Adams assessment of rights in technical data and software (RITD) for DOD and the civilian agencies. I would like to add to the coversation DOE's rights. Up to now DOE's RITD has not been as clear cut as DOD's and the civilian agencies. While DOE, at least with universities, starts out a contract negotiation wanting to own everything, data and software, there has been a long bumpy road of universities retaining these rights as we do with all other agencies. DOE is now proposing (response date June 1) to incorporate the FAR language and amend it so that DOE retains ownership of all data and all software. DOE will not have to use the special works clause if its proosed regulations become final as DOE will own and control everything. These broad rights attach to everything that was created under the contract not just to those items that are being delivered to DOE.

Ann M. Hammersla
Director Sponsored Programs &

   Technology Transfer
Syracuse University
amhammer[_at_]summon.syr.edu Received on Wed May 21 1997 - 13:39:45 GMT