Public Domain if at the time of receipt by the party the Confidential Information is in the public domain or if, after the time of receipt by either party, the Confidential Information enters the public domain (except where it does so as a result of a breach by either party of its obligations under this clause 20 or a breach by any other person of that person’s obligation of confidence);
Public Domain. For the purpose of this Agreement, specific information disclosed as part of the Proprietary Information shall not be deemed to be in the public domain or in the prior possession of the Receiving Party merely because it is embraced by more general information in the public domain or by more general information in the prior possession of the Receiving Party.
Public Domain. The Proprietary Information disclosed to Employee was in the public domain at the time of disclosure, or at any time after disclosure has become a part of the public domain by publication or otherwise through sources other than Employee, directly or indirectly, and without fault on the part of Employee in failing to keep such information confidential; or
Public Domain to the extent that the information at the time of disclosure was, or subsequently has become, generally available to the public other than as a result of unauthorised disclosure by that party or any of its Associates;
Public Domain. Ownership
3.1 U.S. Government works, which comprise the majority of Archival Materials in the National Archives of the United States, are not eligible for copyright protection in the United States and, as such, are in the public domain.
3.2 The parties acknowledge that nothing in this Agreement is intended to alter or impair any rights of control, custody, ownership or use that NARA or the U.S. Government may have in any Archival Materials. NARA shall not transfer control, custody or ownership over any Archival Materials to Ancestry or any third party.
3.3 The parties will use all reasonable efforts to ensure that the Archival Materials digitized under this Agreement are in the public domain. In accordance with 36 C.F.R. 1254.62, for any Archival Materials digitized that are not in the public domain, Ancestry will be responsible for obtaining any necessary permission for use, copying, and publication from copyright holders and for any other applicable provisions of the Copyright Act (Title 17, United States Code).
3.4 The parties will promptly notify each other in writing of any claim made by a third party that any of the Archival Materials are covered by copyright or any other intellectual property right. Following such notification: a) the parties will use their best efforts to identify and exclude from their own website any images subject to such restrictions that have not been cleared with the rights holder; and b) compliance with copyright laws and observance of the reproduction rights of any third party will be the sole responsibility of each party, separately, with respect to any Digital Materials under its control.
3.5 Without impairing or modifying NARA’s underlying ownership rights in the Archival Materials, Ancestry will own all rights to and have the unlimited right to use and permit others to use the Digital Materials and the searchable database of Digital Materials referred to in Section 1.8, including without limitation all Proprietary Indexes and Metadata created for the Digital Images, and to sell, copy and distribute the Digital Materials and Proprietary Indexes, including, without limitation, through the worldwide offering for sale of Digital Materials and Proprietary Indexes, on-line subscriptions to access the Digital Materials and associated products and derivative works. All monies generated by or on behalf of Ancestry from its use of the Digital Materials shall be for Ancestry, and NARA shall have no right to share in or receive any...
Public Domain. 1. The Parties recognise the importance of a rich and accessible public domain.
2. The Parties also acknowledge the importance of informational materials, such as publicly accessible databases of registered intellectual property rights that assist in the identification of subject matter that has fallen into the public domain.
Public Domain. No Confidential Information shall be deemed to be in the public domain merely because it contains information which is in the public domain or is embraced by a general disclosure which is in the public domain.
Public Domain to the extent that the same has become generally available to the public other than as a result of an unauthorised disclosure by either party, or any of its employees, agents or contractors; and
Public Domain. For the purposes of clause 9.1, the fact that parts of the Data provided by the Licensor to the Licensee may be in the public domain, does not in and of itself deem the Data, as a compilation, to be in the public domain.
Public Domain. The foregoing obligation of confidentiality and restrictive use will not apply to Confidential Information which “Buyer” can prove is in the public domain, or which “Buyer” possessed prior to initial communications with Seller and/or Broker.
