##What clauses have been used in contracts for free/libre/open works?##
Under a CC-by licensing (CC-by 3.0 or a later version) to the Government of Canada's Treasury Board of Canada Secretariat.
DISCLAIMER: The following clauses have been used in contracts issued by TBS for authoring free/libre/open work. The goal with the text below is to ensure that both the contractor and the Government of Canada are cleared to adapt and redistribute the work. The wording here may or may not suit your circumstances, so please consider your own project's business objectives, and also check with your legal counsel on the most suitable terms to achieve those objectives.
###EXAMPLE 1. This text has been used for analytical reports:###
Intellectual rights under this contract are managed in conformance with the TBS Policy on Title to Intellectual Property Arising Under Crown Procurement Contracts, (Appendix A: Contractor Owns) http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=13697?ion=text#secA.2. The work created under this contract will be made available under the GNU Free Documentation License http://www.gnu.org/copyleft/fdl.html upon payment.
###EXAMPLE 2. This text has been used in the Statements of Work for both analytical and software contracts:###
By signing this Contract, the Contractor:
Attests that any Foreground Information to be contributed shall be directly authored by himself or herself, such that he/she holds moral rights of integrity, association, and attribution for the contributions, and also holds author?s rights to issue licenses and to assert controls on copying and distribution of these contributions (copyright).
Waives his/her moral rights of integrity of the work, thereby authorising anyone else to make derivative works; and, Waives his/her moral rights of association, which authorises anyone else to combine or distribute the contributed work in relation to any product, service, cause or institution.
Retains moral right of attribution to the original contributed form of the work which is the right to claim authorship; to remain anonymous; to use a pseudonym.
Commits that all contributed Third Party data, information or knowledge will be accompanied by identification of sources, and documentation of permissions from those who hold moral rights and authors? rights, which may be in the form of licenses.
Commits to respect all requirements of Third Party permissions and licenses, and to ensure that Third Party work will only be contributed if it is known to be under permissions and licenses that are compatible with the licences of other intellectual works associated with this assignment. Accordingly the contractor commits to identify in writing any issues or uncertainties regarding appropriate use or distribution.
Commits to ensure that the terms and conditions of externally acquired solutions needed to work with or implement the Foreground Information shall be read and respected by the contributor and clearly communicated to the Crown.
Assigns unrestricted, independent, joint authors? rights (copyright) in the Foreground Information to the Crown in alignment with the TBS 'Policy on Title to Intellectual Property Arising Under Crown Procurement Contracts' Appendix A, Part 1, Section 03, Paragraph 2. This means that notwithstanding the Contractor's ownership of intellectual rights in the Foreground Information the Crown also obtains unrestricted, independent, joint authors' rights in the Foreground Information, without limiting the intellectual rights of the contractor. Under this arrangement, both the Crown and the Contractor hold full, autonomous rights to distribute, license and sublicense the contribution. The Contractor as original author will always be attributed within the provisions of the applicable license(s). However both Contractor and Crown may independently register a copyright in the contribution in any jurisdiction. The Contractor and Crown each hold unrestricted and independent derivative and distribution rights in the Foreground Information, or any part, including the right to make these available under any license, for a fee or otherwise, to re-license and/or sub-license and/or multiple-license, without seeking any additional authorisations from the counterparty to the Agreement. These rights do not extend to combined or derivative works involving contributions of Third Party rights holders except as the Third Party rights holders permit.
###EXAMPLE 3. This text was received from a contractor, as per the assignment clause above.###
In regards to the work that FirstName LastName performed in the project between March 12, 2009 to April 10th, 2009 (commitment # 601XXXX - DC/FC: 1234/5678910) at TBS; CompanyName assigns unrestricted, independent, joint authors? rights (copyright) in the Foreground Information to the Crown.
###EXAMPLE 4. This text has been used for templates and components intended for implementation in any context:###
Terms and Conditions of Use
Unless otherwise noted, computer program source code of the ProjectName is covered under Crown Copyright, Government of Canada, and is distributed under the MIT License.
The Canada wordmark and related graphics associated with this distribution are protected under trademark law and copyright law. No permission is granted to use them outside the parameters of the Government of Canada's corporate identity program. For more information.
Copyright title to all 3rd party software distributed with the ProjectName is held by the respective copyright holders as noted in those files. Users are asked to read the 3rd Party Licenses referenced with those assets.
Copyright (c) 2011 Government of Canada
MIT License
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
###EXAMPLE 5. This text has been used for whole applications where the Crown's business objective is to benefit from the subsequent simplicity of a unified licensing scheme, but also to leave the Contractor full choice as to its own later preferences.###
Licensing for Knowledge-Sharing and Inter-Organizational Learning. To operationalize knowledge-sharing and inter-organizational learning, both Treasury Board Secretariat and the Contractor are engaging a business incentive structure that is optimized to attract back to each for their own use, under unified business terms and conditions, the improved, derivative and/or combined works that anyone may create for distribution. Treasury Board Secretariat further wishes to provide reasonable protection to Canadian taxpayers from inadvertently paying for the same Foreground Information more than once. Therefore the following licenses are applied to ProjectName software, text and graphics:
Descriptive Text and Architectural Graphics that are created for the ProjectName Project are for publication and distribution under the Version 1.2 of the GNU Free Documentation License (GNU-FDL). Programming Code of the ProjectName Project is for publication and distribution under Version 2 the GNU General Public License (GNU-GPL). Work that Is Both Programming Code and Descriptive, such as descriptive comments in the source code that are not executable, as well as source-code samples that are used in ProjectName documentation, are to be published and distributed dual-licensed under both the FDL and the GPL.
Alternate Licensing by the Original Copyright Holder. Copyright Holders of Foreground Information used in the ProjectName Project each retain the right to also use the work for their own purposes, and to distribute it through any other channel under any licenses they choose. The alternate licensing rights of each Contractor or Sub-Contractor in their own Foreground Information do not extend to the combined or derivative work of multiple copyright holders.
Alternate Licensing by Government of Canada as the Joint Copyright Assignee. The Government of Canada is provided the authority, at its sole discretion, to re-license the ProjectName software, text, or graphics in whole or in part. This is because each Contractor and Sub-Contractor contributing to the ProjectName Project will have assigned unrestricted joint copyight to the Government of Canada, and will have waived any exclusive moral rights they may individually have in the Foreground Information. The Government of Canada intends only to exercise this re-licensing authority when it deems the public interest can be better served by:
Dual licensing ProjectName software, in whole or in part, under the Eclipse Public License (EPL), Version 1, in addition to the GNU-GPL; Re-licensing the ProjectName software, text, or graphics in whole or in part, under later versions of any of the above mentioned licenses.
The Parties acknowledge that if a new version of a license is released that gives additional permissions, those permissions will be available to all; but if the new version of a license has a tighter requirement, it will not restrict use of the current version of the program, because the work can still be used under original license version. Users will always be permitted to use or modify ProjectName software, text, or graphics according to the terms of the license versions identified here, even after later versions of the licenses are available. Redistribution of the ProjectName Software, and its Derivative or Combined Works.
When ProjectName software or its derivative or combined works are licensed under the GNU-GPL, the Parties acknowledge that the software or its derivative or combined works can be redistributed by anyone, in whole or in part, in the following contexts: Within any other program that is also licensed under the GNU-GPL; Alongside software that is under licenses other than the GNU-GPL, so long as the other software communicates at ?arms length? with ProjectName program, and is not combined in a way that makes them effectively a single program. The client will provide detailed guidelines on the Treasury Board Secretariat's (business and technology) architectural view of the redistribution provisions of the GNU-GPL. When ProjectName software or its derivative or combined works are licensed under the EPL, the Parties acknowledge that the software or its derivative or combined works can be redistributed by anyone, in whole or in part, in the following contexts: Within any other file that is also licensed under the EPL; Alongside software that is under licenses other than the EPL, so long as the other software communicates at ?arms length? with ProjectName files, and is not combined in a way that makes them effectively a single executable file. The EPL permits combining ProjectName source code files directly with other files under other licenses within the same program. The client will provide detailed guidelines on the Treasury Board Secretariat's (business and technology) architectural view of the redistribution provisions of the EPL.
Externally-Acquired Software. The terms and conditions of externally acquired software that is used to create and operate the ProjectName Reference Implementation shall be read and respected by each team member:
PostgreSQL is distributed by the PostgreSQL Global Development Group under the BSD License R and R-Project are distributed by the R Foundation under the GNU General Public License PHP is distributed by the PHP Group under the PHP License Perl is distribued by O'Reilly Media under the Perl Artistic License
Trade Name: The trade name ProjectName is owned by the Government of Canada, and it cannot be used in the trade names of derivative works without the written permission of the ProjectName Project Manager on behalf of the Government of Canada.
Limitation of Liability: In accordance with the TBS ?Policy on Decision Making in Limiting Contractor Liability in Crown Procurement Contracts? (Annex 4, Model 2), the Parties agree that given the Government of Canada's business objective of facilitating knowledge-sharing and inter-organizational learning, Canadian taxpayers are best served by each Party accepting its own individual responsibility for due diligence in managing financial, privacy, security, and technical performance. The Parties acknowledge that all Foreground Information under the abovementioned licenses is provided by Suppliers on an ?as is? basis. The present agreement does NOT include supply by the Contractor or Sub-Contractor of financial services (such such as warranties, insurance, and indemnifications) to the Government of Canada, directly, indirectly or by implication. Reference
Right or Authorization to Contribute. Suppliers shall only make Contributions to the ProjectName Project that they and the Government of Canada have clear rights or authorizations to distribute under the ProjectName Project's licenses. In addition to Foreground Information, the contributions may include Third Party Reusable Information that has been properly licensed by its copyright holder for re-use and re-distribution under terms and conditions that are compatible with the ProjectName Project's licenses. The sources and licenses of the Third Party Reusable Information must be identified as an essential part of each Supplier's Contribution to the ProjectName Project. Suppliers shall advise the ProjectName Project Manager immediately in writing of any issues or uncertainties regarding appropriate use or distribution.