Grantors2 - Revision history

CCID-tvol: /* Existing Foundation IP Policies */

2014-01-23T21:19:34Z

‎Existing Foundation IP Policies

CCID-tvol at 21:17, 23 January 2014

2014-01-23T21:17:22Z

CCID-tvol: /* Part II. Foundation in-house and commissioned works: */

2013-11-20T23:46:40Z

‎Part II. Foundation in-house and commissioned works:

CCID-tvol at 23:46, 20 November 2013

2013-11-20T23:46:15Z

CCID-tvol at 23:45, 20 November 2013

2013-11-20T23:45:15Z

CCID-tvol at 22:51, 20 November 2013

2013-11-20T22:51:07Z

CCID-tvol at 22:49, 20 November 2013

2013-11-20T22:49:33Z

CCID-tvol at 22:48, 20 November 2013

2013-11-20T22:48:01Z

Show changes

CCID-tvol at 22:44, 20 November 2013

2013-11-20T22:44:01Z

CCID-tvol at 22:41, 20 November 2013

2013-11-20T22:41:44Z

@@ Line 118: / Line 118: @@
 |i.e., any policy on the licensing or distribution of works created with funding from the foundation (by grant or contract)
 |Glasspockets member? Other data provisions?
+|Example
 |-
 |Carnegie Corporation of NY
-|Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.
+|"all rights reserved"  (http://carnegie.org/)  Terms of Use (http://carnegie.org/about-us/legal-information/terms-of-use/) says downloading content allowed solely for "your internal use for purposes consistent with the Site’s purpose"
-|Website is 'all rights reserved.'  From the Terms of Use: "1. Our content. The Site contains a variety of information, including grant applications, grant publications, ideas and comments from users, and other information or content ("Content"). Carnegie grants you a personal, non-exclusive license to download and make limited copies of relevant Content, solely for your internal use for purposes consistent with the Site’s purpose. You may not harvest, scrape, collect, download or print large portions of Content from the Site. Any copies of Content from the Site must bear the proper copyright notice (e.g., © [year of publication] Carnegie Corporation of New York. All rights reserved.)."
+|Commissioned works belong to Carnegie Corporation, which may publish using creator's name, image &c.  http://carnegie.org/fileadmin/Media/Authorship_Agreement.pdf
-|http://testing.com/
+|Glasspockets member
 |}

@@ Line 109: / Line 109: @@
 |-
 |'''Foundation'''
-|'''Summary of IP Policy'''
+|'''Website policy'''
-|'''Text of IP Policy'''
+|'''Policy for foundation-funded works'''
-|'''Link to Policy'''
+|'''Data policy'''
 |-
 |Carnegie Corporation of NY

@@ Line 37: / Line 37: @@
 * Making works findable:  Content should be easily locatable on the Web, preferably without registration or paywalls.  This requires, at a minimum, that metadata be entered for all CC-licensed works.
-=== Part II.  Foundation in-house and commissioned works: ===
+=== Part II.  Foundation in-house and commissioned works ===
 * X Foundation owns the works created by its employees in the course of their employment.  Ownership of works commissioned by X is normally required to be assigned to the Foundation by the independent contractor.  Grantees may wish to use a similar provision if they commission works as part of a grant.
 * Except where concerns such as privacy or confidentiality militate against it, Foundation works of other than purely internal utility will be published under a CC BY license on the Foundation’s website [www.xfn.org] and, where appropriate, in other locations and media, omitting any incorporated third party materials the Foundation does not have permission to use in this way.
-−
 === Exceptions and Variants ===

@@ Line 104: / Line 104: @@
 ** IP: Intellectual Property – primarily copyrightable works, data, and patents, but including works, such as uncopyrightable databases, that are protected under the laws of other countries, and excluding trade- and service-marks.
-=== Existing Foundation IP Policies ===
+== Existing Foundation IP Policies ==
 {| class="wikitable sortable" style="width: 100%" border="1"

← Older revision		Revision as of 23:45, 20 November 2013
Line 103:		Line 103:
	** CC0: a tool made available by Creative Commons for freeing copyrightable work from all copyright restrictions around the world, especially useful for data. It can be selected and attached to a work on the internet through this link.		** CC0: a tool made available by Creative Commons for freeing copyrightable work from all copyright restrictions around the world, especially useful for data. It can be selected and attached to a work on the internet through this link.
	** IP: Intellectual Property – primarily copyrightable works, data, and patents, but including works, such as uncopyrightable databases, that are protected under the laws of other countries, and excluding trade- and service-marks.		** IP: Intellectual Property – primarily copyrightable works, data, and patents, but including works, such as uncopyrightable databases, that are protected under the laws of other countries, and excluding trade- and service-marks.
		+
		+	=== Existing Foundation IP Policies ===
		+
		+	{\| class="wikitable sortable" style="width: 100%" border="1"
		+	\|-
		+	\|'''Foundation'''
		+	\|'''Summary of IP Policy'''
		+	\|'''Text of IP Policy'''
		+	\|'''Link to Policy'''
		+	\|-
		+	\|Carnegie Corporation of NY
		+	\|Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.
		+	\|Website is 'all rights reserved.' From the Terms of Use: "1. Our content. The Site contains a variety of information, including grant applications, grant publications, ideas and comments from users, and other information or content ("Content"). Carnegie grants you a personal, non-exclusive license to download and make limited copies of relevant Content, solely for your internal use for purposes consistent with the Site’s purpose. You may not harvest, scrape, collect, download or print large portions of Content from the Site. Any copies of Content from the Site must bear the proper copyright notice (e.g., © [year of publication] Carnegie Corporation of New York. All rights reserved.)."
		+	\|http://testing.com/
		+	\|}

@@ Line 30: / Line 30: @@
 ** When the Grantee is a university, it may have policies providing that copyrightable works created by faculty members (or certain staff or students) are owned by their creators.
 ** When a Grantee acquires copyrightable work from a consultant, the consultant may own the copyright, subject to the provisions of the consulting agreement.
 If a copyright or patent subject to this Policy is not owned by the Grantee, it is the Grantee’s responsibility to secure the owner’s agreement to the provisions of this Policy (e.g., to publication under CC BY).  For instance, if the work of a consultant will be incorporated in the grant-funded work, the contract with the consultant must give the Grantee sufficient rights to comply with this Policy, by assigning copyright to the Grantee, by requiring the consultant to attach a CC BY license to the work, or otherwise.  Again, if research papers are expected to be produced by faculty, staff, and/or students of a university Grantee, the Grantee may, depending on its own IP and open access policies, need to assure the consent of the creators of the works to having their contributions licensed under the terms required by this policy.
@@ Line 65: / Line 66: @@
 If the Foundation does include an express provision about exceptions, it may also wish to include procedures for requesting exceptions and criteria for granting them – although this is not necessary.  Here is some sample text:
 Procedures:

@@ Line 56: / Line 56: @@
 . As written, the policy has no explicit provision for grant-funded patents.  For most foundations, this will not be an issue since patents are unlikely to result from their grants.  If the foundation does wish to cover patents, they should be mentioned in the section on ownership.  Also, this paragraph may be inserted after, and at the same level as, the bullet reading “Each Grantee gives X permission to make copyrightable property resulting from the grant available to the public if a Grantee does not comply with the Policy.”
 * Patentable inventions will be governed by the Grantee’s internal policies, but X will have ‘march-in rights’ – that is, if the Grantee does not make practical applications of the technology available reasonably expeditiously, X Foundation may do so itself.  It is the Foundation’s hope that in transferring technology, Grantees will license or assign inventions in ways that consider the needy, especially in providing affordable therapeutics, diagnostics and agricultural technologies.
 . The Foundation is always free to make exceptions to the policy, and should do so if that would further the grant purpose.  Incorporating statements about exceptions in a published policy, such as the second optional bullet on page 2, may result in more frequent requests for exceptions, reducing the amount openly-licensed grant-funded material and creating additional work for program officers without furthering the foundation’s aims.  If, however, the Foundation wishes the policy to include explicit provisions for Grantee requests for exceptions, it may use the optional bullet or the text below:
@@ Line 63: / Line 65: @@
 If the Foundation does include an express provision about exceptions, it may also wish to include procedures for requesting exceptions and criteria for granting them – although this is not necessary.  Here is some sample text:
 Procedures:
@@ Line 69: / Line 72: @@
 * The [compelling] reason for the request;
 *The alternate provisions the Grantee proposes for distribution of the work or other sharing of knowledge acquired through the grant.”
 Criteria:
@@ Line 75: / Line 79: @@
 * Policy of proposed publisher: short delays (up to 6 months) in open publication of research works will sometimes be allowed where the policy of the preferred publisher requires it, conditional on immediate publication of the postprint version in an easily located repository.  [The request will not be granted unless it demonstrates that other equally satisfactory publishers with more open policies are not reasonably available.]  Note: this in effect substitutes simple access to read the work for the fully open characteristics of CC BY.  Some publishers will license the works under CC BY if page charges are paid; this will probably be possible only if the grant covers the cost, so the Foundation may wish to allow grantees to make these costs part of the grant budget.]
 * Alternative licenses: requests to use a different license from the one specified by the Policy will usually be granted if the alternative is consistent with the underlying purpose of the Foundation’s Policy; that is, to serve the public interest by making knowledge funded by the Foundation as widely accessible and usable as can be.”
 . Some grantors may prefer to permit the use of licenses other than CC BY – for example, the Attribution and Share Alike license, CC BY-SA.  In this case, alternative language should be used, such as “the Creative Commons (CC) license specified in the grant agreement” or “the Creative Commons (CC) license agreed upon between X and the Grantee.”  The description that follows the requirement will also need to be changed – generalized to cover more than CC BY.  We note that this tends to generate more work for program officers and to result in incompatible licenses – that is, in works that are licensed in a way that makes it impossible to combine them with other CC licensed works without special permission from the copyright owner.  Again, as in the case of item 6‎5, the foundation may wish to keep this provision as an internal guideline, rather than part of a public policy, in order to minimize requests for exceptions,
@@ Line 87: / Line 92: @@
 . A foundation may wish to add following sentence to the end of the second bullet in Part II of the Policy:
 * Foundation works concerning social sciences, with the CC BY license attached, are also posted to IssueLab, Foundation Center's open access, open source library for the social sector (http://www.issuelab.org/home).
 . A foundation that wishes to signal its dedication to transparency in its own operations might add the following provision to Part II of the Policy:
 * X Foundation has joined in the GlassPockets Reporting Commitment, a project of the Foundation Center, under which we make grant information available to other foundations and the public at least quarterly, in a machine-readable, open format and coded to a uniform geographic standard.  The information can be accessed here.
 . If the foundation feels that a glossary is needed, this text can be added after the introductory paragraph:

@@ Line 45: / Line 45: @@
 Creative Commons suggests the foregoing statement of policy as the simplest and most open version.  We know, however, that each Foundation has its particular mission, values and ethos, which may require or suggest departures from the standard form.  Some of these are indicated below; portions in square brackets are possible variants on the variants.  CC is ready to help customize the Policy to incorporate the exceptions and variants below, as well as others that may be proposed by individual foundations.
-# Some foundations may wish to add a sentence at the end of the Note to the paragraph beginning “All published grant-funded copyrightable works … should normally be licensed under … CC BY”, for clarification.  For example, this sentence might be added: “Pre-existing work that Grantee is not entitled to publish in a CC-BY licensed work may not be included in the grant-funded work; if permission would be needed from the rights-holder, Grantee must either obtain permission or substitute material that it is authorized to publish under the CC BY license.”
+. Some foundations may wish to add a sentence at the end of the Note to the paragraph beginning “All published grant-funded copyrightable works … should normally be licensed under … CC BY”, for clarification.  For example, this sentence might be added:
-# Foundations may wish to add a second note after the one referred to above to suggest that a copy of grant-funded research in the social sciences also be posted to IssueLab.  For example: Note:  X suggests that a copy of any grant-funded research in the social sciences, with the CC BY license attached, be provided for posting to IssueLab, Foundation Center's open access, open source library for the social sector (http://www.issuelab.org/home).
+:: “Pre-existing work that Grantee is not entitled to publish in a CC-BY licensed work may not be included in the grant-funded work; if permission would be needed from the rights-holder, Grantee must either obtain permission or substitute material that it is authorized to publish under the CC BY license.”
-.	The reason for the first of the optional bullets on page 2 of the policy is that some foundations may wish to recognize the step toward openness taken by certain universities or schools in adopting an open access policy by accepting compliance with the grantee’s policy in satisfaction of the Foundation’s own policy, even though university policies often provide for access only, for non-commercial uses only, and not for the re-purposing, re-mixing, and other uses permitted under CC BY.  (See http://cyber.law.harvard.edu/hoap/Good_practices_for_university_open-access_policies for a discussion of open access policies.)  The bullet text would excuse works made accessible under a university’s open access policy from the CC licensing requirement.
+. Foundations may wish to add a second note after the one referred to above to suggest that a copy of grant-funded research in the social sciences also be posted to IssueLab.  For example: Note:  X suggests that a copy of any grant-funded research in the social sciences, with the CC BY license attached, be provided for posting to IssueLab, Foundation Center's open access, open source library for the social sector (http://www.issuelab.org/home).
-.	Some Foundations may wish to exclude certain types of works; for example, they may wish to amend the general rule by providing “except that [nonprofit] creators of grant-funded works of [graphic, musical or videographic] art will generally be permitted to exploit them [freely; or, for the Grantee’s charitable purposes].”  In this case, a similar exception (plus permission for the contractor to retain ownership of the works) may be applicable to works commissioned by the Foundation as well.
+. The reason for the first of the optional bullets on page 2 of the policy is that some foundations may wish to recognize the step toward openness taken by certain universities or schools in adopting an open access policy by accepting compliance with the grantee’s policy in satisfaction of the Foundation’s own policy, even though university policies often provide for access only, for non-commercial uses only, and not for the re-purposing, re-mixing, and other uses permitted under CC BY.  (See http://cyber.law.harvard.edu/hoap/Good_practices_for_university_open-access_policies for a discussion of open access policies.)  The bullet text would excuse works made accessible under a university’s open access policy from the CC licensing requirement.
-.	As written, the policy has no explicit provision for grant-funded patents.  For most foundations, this will not be an issue since patents are unlikely to result from their grants.  If the foundation does wish to cover patents, they should be mentioned in the section on ownership.  Also, this paragraph may be inserted after, and at the same level as, the bullet reading “Each Grantee gives X permission to make copyrightable property resulting from the grant available to the public if a Grantee does not comply with the Policy.”
+. Some Foundations may wish to exclude certain types of works; for example, they may wish to amend the general rule by providing “except that [nonprofit] creators of grant-funded works of [graphic, musical or videographic] art will generally be permitted to exploit them [freely; or, for the Grantee’s charitable purposes].”  In this case, a similar exception (plus permission for the contractor to retain ownership of the works) may be applicable to works commissioned by the Foundation as well.
-•	Patentable inventions will be governed by the Grantee’s internal policies, but X will have ‘march-in rights’ – that is, if the Grantee does not make practical applications of the technology available reasonably expeditiously, X Foundation may do so itself.  It is the Foundation’s hope that in transferring technology, Grantees will license or assign inventions in ways that consider the needy, especially in providing affordable therapeutics, diagnostics and agricultural technologies.
+. As written, the policy has no explicit provision for grant-funded patents.  For most foundations, this will not be an issue since patents are unlikely to result from their grants.  If the foundation does wish to cover patents, they should be mentioned in the section on ownership.  Also, this paragraph may be inserted after, and at the same level as, the bullet reading “Each Grantee gives X permission to make copyrightable property resulting from the grant available to the public if a Grantee does not comply with the Policy.”
+* Patentable inventions will be governed by the Grantee’s internal policies, but X will have ‘march-in rights’ – that is, if the Grantee does not make practical applications of the technology available reasonably expeditiously, X Foundation may do so itself.  It is the Foundation’s hope that in transferring technology, Grantees will license or assign inventions in ways that consider the needy, especially in providing affordable therapeutics, diagnostics and agricultural technologies.
 “[Other] Exceptions:  In general, the license requirements of this Policy are intended to assure that knowledge acquired and resources produced as a result of a grant are shared as widely as possible.  Recognizing that individual grants have different objectives and that each Grantee has its own strategic plans, exceptions will sometimes be permitted where they better serve the common aims of the Grantee and the Foundation.”