Common use of GOVERNMENT EMPLOYEES Clause in Contracts

GOVERNMENT EMPLOYEES. Work prepared by U.S. Government employees in their official capacities is not subject to copyright in the United States. Such authors must place their work in the public domain, meaning that it can be freely copied, republished, or redistributed. In order for the work to be placed in the public domain, ALL AUTHORS must be official U.S. Government employees. If at least one author is not a U.S. Government employee, copyright must be transferred to ASCE by that author. □ CROWN GOVERNMENT COPYRIGHT: Whereby a work is prepared by officers of the Crown Government in their official capacities, the Crown Government reserves its own copyright under national law. If ALL AUTHORS on the manuscript are Crown Government employees, copyright cannot be transferred to ASCE; however, ASCE is given the following nonexclusive rights: (1) to use, print, and/or publish in any language and any format, print and electronic, the above-mentioned work or any part thereof, provided that the name of the author and the Crown Government affiliation is clearly indicated; (2) to grant the same rights to others to print or publish the work; and (3) to collect royalty fees. ALL AUTHORS must be official Crown Government employees in order to claim this exemption in its entirety. If at least one author is not a Crown Government employee, copyright must be transferred to ASCE by that author. □ WORK-FOR-HIRE: Privately employed authors who have prepared works in their official capacity as employees must also transfer copyright to ASCE; however, their employer retains the rights to revise, adapt, prepare derivative works, publish, reprint, reproduce, and distribute the work provided that such use is for the promotion of its business enterprise and does not imply the endorsement of ASCE. In this instance, an authorized agent from the authors’ employer must sign the form below.