Copyright ownership and a public reuse license can coexist. The Education Department made that distinction explicit in its January 19, 2017 final rule for competitive-grant deliverables. It dropped a proposed exception to the provision recognizing grantee copyright, explaining that ownership does not conflict with granting a license. Openly licensed does not mean public domain. [2017-00910][2015-27930]

The earlier November 2015 proposal supplies the policy rationale. It aimed to let education agencies, universities and other entities benefit from grant-funded work even without receiving the grant themselves. Adaptation and updating were supposed to extend a product's usefulness beyond its grant period. Those statements describe intended benefits, not measured reuse or proof that the final rule achieved them. [2017-00910][2015-27930]

The adopted requirement covers new copyrightable deliverables created wholly or partly with competitive-grant funds, with categorical and individual exceptions. Separately identifiable changes to pre-existing works are covered only within the underlying legal and licensing permissions. Third-party works require acquired licensing rights. The public license requires attribution, and grantees may choose compliant terms restricting use to noncommercial purposes. [2017-00910][2015-27930]

A separate, existing federal-purpose license allows government use and authorized federal-purpose reuse without transferring grantee title. It is not the same permission as the new public license. The final publication scheduled March 20 effectiveness; the operative competition cutoff is after February 21. Both were future boundaries in this January account. Reading proposal and final together explains one proceeding's architecture, not two independent confirmations of an educational outcome. [2017-00910][2015-27930]

Source documents

  1. Open Licensing Requirement for Competitive Grant Programshttps://www.govinfo.gov/content/pkg/FR-2017-01-19/html/2017-00910.htm
  2. Open Licensing Requirement for Direct Grant Programshttps://www.govinfo.gov/content/pkg/FR-2015-11-03/html/2015-27930.htm