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Pages 30-36

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From page 30...
... 30 B Technology That Is Copyrightable and Patentable Software demonstrates characteristics of works that traditionally come within the protection of the copyright laws, as well as characteristics that may be patentable; thus, technology may have features that are subject to the copyright laws and the patent laws.
From page 31...
... 31 amendment in 1980 to the Copyright Act, a definition of the term computer program is included in the section on copyrightable subject matter.438 A computer program is protected from unauthorized copying as a literary work if the program satisfies the originality and fixation requirements of the Copyright Act.439 Expression in a computer program is copyrightable, but the actual processes or methods embodied in a program are not.440 An audiovisual program and the computer program that implements it are separately copyrightable.441 An infringer may copy the audiovisuals or the underlying computer program;442 thus, who owns a work and any derivative works depends on the copyright laws and any contract applicable to the creation of the work. With some exceptions as discussed in this report, under the copyright laws it is the creator of a work who has exclusive rights to the work, including the rights to derivative works.443 For the most part, the default rules established by the copyright laws may be altered by a license or other agreement.
From page 32...
... 32 employees.452 However, a work created for a transit agency by an independent contractor belongs to the independent contractor unless there is a work product clause in the agreement designating the transit agency as the owner of the work and copyright therein.453 E Identification of the Owner in the Contract Documents 1.
From page 33...
... 33 their respective contributions.467 Each co-owner may revise the work, make a derivative work, or publish an original or a revision of the work.468 Consultants, contractors, or subcontractors may make significant contributions to a work and consequently want to claim joint authorship of it. For there to be joint authorship, a work must be "‘prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.'"469 In the absence of an agreement with a consultant or other developer of a work, for a transit agency to claim joint authorship of a work, the transit agency would have to establish both that it made an independently copyrightable contribution to a work and that the parties' intent was that they would be co-authors.470 The intent to be joint authors is determined as of the time a work is created.471 There are at least two approaches to determining joint ownership, the first being whether a collaborator's contribution meets the originality test of authorship of an original work.
From page 34...
... 34 of part 200.482 Chapter XII of subtitle B sets forth the U.S. DOT's regulations for grants and agreements.
From page 35...
... 35 other party to any subject data developed under a contract or extend any copyright rights purchased by a contractor using any FTA assistance.496 The government's rights apply to all "subject data" that are produced in performing a contract that is subject to FTA's requirements. The term subject data means "recorded information," whether or not copyrighted, that is delivered or specified to be delivered as required by a contract with a contractor.497 The term includes computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information but does not include financial reports, cost analyses, or similar information used for contract administration or performance.498 As long as a contractor identifies its data in writing "at the time of delivery of the Contract work," subject data do not include data incorporated into work for a project that a contractor developed entirely without federal assistance.499 Until the FTA has released or approved the release of data to the public, a contractor is not permitted to publish or reproduce subject data, or authorize others to do so, without the FTA's written consent.500 The IP clause includes an indemnity provision: Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract.501 Furthermore, a contractor must "indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government."502 G
From page 36...
... 36 Sections 1201(a)

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