Common use of Works Produced by Laboratory Contractors or EPA Contractors Clause in Contracts

Works Produced by Laboratory Contractors or EPA Contractors. The Laboratory, to the extent permitted by law and/or the Federal Acquisition Regulations at Title 48, C.F.R., shall include FAR clause 52.227-17 in any contract awarded after the effective date of this Agreement, which provides that any rights to copyrights for data first produced under the contract may be assigned to EPA by the contractor. If EPA obtains such rights to Computer Software developed by the contractor while performing work designated by the Laboratory as work under this Agreement, the Laboratory agrees that it will provide the Cooperator a non-exclusive, irrevocable, paid-up worldwide license to the copyrighted work, including the right to reproduce, distribute, prepare derivative works, perform publicly and display publicly the Work. In the case of a Laboratory contract awarded prior to the effective date of this Agreement, which contains one or more provisions that prevent acquisition of title to computer software by the Laboratory or EPA, the Laboratory and EPA agree that they will exert a good faith effort to amend the contract in such a way as to obtain an assignment of the copyright; provided however, that if the Laboratory or EPA should fail to bring about the necessary amendment, the Laboratory and EPA shall not be liable for a breach of this Agreement, nor shall such failure be a basis for termination of this Agreement by the Cooperator.

Works Produced by Laboratory Contractors or EPA Contractors. The Laboratory, to the extent permitted by law and/or the Federal Acquisition Regulations at Title 48, C.F.R., shall include FAR clause 52.227-17 in any contract awarded after the effective date of this Agreement, which provides that any rights to copyrights for data first produced under the contract may be assigned to EPA by the contractor. If EPA obtains such rights to Computer Software developed by the contractor while performing work designated by the Laboratory as work under this Agreement, the Laboratory agrees that it will provide the Cooperator a non-non- exclusive, irrevocable, paid-up worldwide license to the copyrighted work, including the right to reproduce, distribute, prepare derivative works, perform publicly and display publicly the Work. In the case of a Laboratory contract awarded prior to the effective date of this Agreement, which contains one or more provisions that prevent acquisition of title to computer software by the Laboratory or EPA, the Laboratory and EPA agree that they will exert a good faith effort to amend the contract in such a way as to obtain an assignment of the copyright; provided however, that if the Laboratory or EPA should fail to bring about the necessary amendment, the Laboratory and EPA shall not be liable for a breach of this Agreement, nor shall such failure be a basis for termination of this Agreement by the Cooperator.