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If the contractor assigns his copyright in scientific and technical articles produced under a Government contract to a publisher, what rights does the Government had in the article?

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The Government's license rights attach to "scientific and technical articles based on or containing data first produced in the performance of a contract and published in academic, technical or professional journals, symposia proceedings or similar works" (See FAR Clause 52.227.14 Rights in Data General113 as prescribed in 27.409(a)114). Later assignment by the contractor to a publisher are subject to these rights. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable worldwide license to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. . 4.12 What Language could be used in a copyright agreement between a contractor or grantee author and a publisher to clarify the author’s right to deposit journal articles in the electronic repository of the government agency that funded the author’s research? In 2005 the National Institutes of ...  more

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