From 3d03411c25ca3829c3700adab6c5812e70422927 Mon Sep 17 00:00:00 2001 From: Haley Van Dyck Date: Mon, 19 May 2014 14:05:54 -0400 Subject: [PATCH 1/2] Update policy-memo.md Proposed policy language edits to clarify the open license requirements in the open data policy. --- policy-memo.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/policy-memo.md b/policy-memo.md index 9b76870f..c10dd6a2 100644 --- a/policy-memo.md +++ b/policy-memo.md @@ -99,7 +99,7 @@ Consistent with existing policies relating to Federal agencies' use of standards ##### c. Ensure information stewardship through the use of open licenses -Agencies must apply open licenses, in consultation with the best practices found in Project Open Data, to information as it is collected or created so that if data are made public there are no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information for non-commercial or for commercial purposes. [^21] When information is acquired or accessed by an agency through performance of a contract, appropriate existing clauses [^22] shall be utilized to meet these objectives while recognizing that contractors may have proprietary interests in such information, and that protection of such information may be necessary to encourage qualified contractors to participate in and apply innovative concepts to government programs. +Information created or generated by federal employees in the scope of their employment is in the public domain. In instances where government data may have been contributed by a nongovernmental individual or entity and does not fall squarely within the public domain, agencies must apply open licenses, in consultation with the best practices found in Project Open Data, to information as it is collected or created so that if data are made public there are no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information for non-commercial or for commercial purposes. [^21] In some circumstances, information is acquired or accessed by an agency through performance of a contract from an independent contractor. This requires that appropriate existing clauses [^22] be utilized to meet open data objectives, for example, by requiring the contractor to apply an open license to data created or modified under the contract, while recognizing that protection of proprietary interests in data may in certain cases be necessary to encourage qualified contractors to participate in and apply innovative concepts to government programs. ##### d. Use common core and extensible metadata From 4d448b95f5329c6e38d22a14e32eb227287b8ccd Mon Sep 17 00:00:00 2001 From: Haley Van Dyck Date: Thu, 29 May 2014 13:04:24 -0400 Subject: [PATCH 2/2] Update policy-memo.md updated language --- policy-memo.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/policy-memo.md b/policy-memo.md index c10dd6a2..5db7d9c9 100644 --- a/policy-memo.md +++ b/policy-memo.md @@ -99,7 +99,7 @@ Consistent with existing policies relating to Federal agencies' use of standards ##### c. Ensure information stewardship through the use of open licenses -Information created or generated by federal employees in the scope of their employment is in the public domain. In instances where government data may have been contributed by a nongovernmental individual or entity and does not fall squarely within the public domain, agencies must apply open licenses, in consultation with the best practices found in Project Open Data, to information as it is collected or created so that if data are made public there are no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information for non-commercial or for commercial purposes. [^21] In some circumstances, information is acquired or accessed by an agency through performance of a contract from an independent contractor. This requires that appropriate existing clauses [^22] be utilized to meet open data objectives, for example, by requiring the contractor to apply an open license to data created or modified under the contract, while recognizing that protection of proprietary interests in data may in certain cases be necessary to encourage qualified contractors to participate in and apply innovative concepts to government programs. +The Federal government does not take copyright in works prepared by its employees as part of their official duties. In instances where government data may have been contributed by a nongovernmental individual or entity and does not fall squarely within the public domain, agencies must apply open licenses, in consultation with the best practices found in Project Open Data, to information as it is collected or created so that if data are made public there are no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information for non-commercial or for commercial purposes. [^21] In some circumstances, information is acquired or accessed by an agency through an independent contractor. This requires that appropriate existing clauses [^22] be utilized to meet open data objectives, for example, by requiring the contractor to apply an open license to data created or modified under the contract, while recognizing that protection of proprietary interests in data may in certain cases be necessary to encourage qualified contractors to participate in and apply innovative concepts to government programs. ##### d. Use common core and extensible metadata