Common use of Public Domain Clause in Contracts

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 part of the monies.

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 FindMyPast 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 FindMyPast 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 FindMyPast 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 FindMyPast from its use of the Digital Materials shall be for AncestryFindMyPast, and NARA shall have no right to share in or receive any part of the monies.

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 TXDAR 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 TXDAR 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 TXDAR 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 1.81.7, 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 TXDAR from its use of the Digital Materials shall be for AncestryTXDAR, and NARA shall have no right to share in or receive any part of the monies.

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 Xxxxxxxxx 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 Xxxxxxxxx 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 Xxxxxxxxx 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 1.81.7, 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 Xxxxxxxxx from its use of the Digital Materials shall be for AncestryXxxxxxxxx, and NARA shall have no right to share in or receive any part of the monies.

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 RCAHMS 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 RCAHMS 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 RCAHMS 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 1.81.7, including without limitation all Proprietary Indexes and Metadata metadata created for the Digital Images, Images and to sell, copy copy, and distribute the Digital Materials and Proprietary IndexesMaterials, including, without limitation, through the worldwide offering for sale of Digital Materials and Proprietary IndexesMaterials, on-line subscriptions to access the Digital Materials and associated products and derivative works. All monies generated by or on behalf of Ancestry RCAHMS from its use of the Digital Materials shall be for AncestryRCAHMS, and NARA shall have no right to share in or receive any part of the monies.

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 Cengage 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 Cengage 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 Cengage 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 1.81.7, 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 Cengage from its use of the Digital Materials shall be for AncestryCengage, and NARA shall have no right to share in or receive any part of the monies.

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 CRSS-UTDallas 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 CRSS-UTDallas 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 CRSS-UTDallas 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 1.81.7, 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 CRSS-UTDallas from its use of the Digital Materials shall be for AncestryCRSS-UTDallas, and NARA shall have no right to share in or receive any part of the monies.

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 DAR 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 DAR 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 DAR 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 DAR from its use of the Digital Materials shall be for AncestryDAR, and NARA shall have no right to share in or receive any part of the monies.