In general, site/facility management contracts provide for Government ownership and unlimited rights for the Government for all technical data first produced in the performance of the contract. One exception to the Government’s unlimited rights is data for which the contractor has asserted copyright.
For scientific and technical articles submitted to and published in journals, symposia proceedings, or similar works, the contractor can assert copyright without prior permission of DOE, but the Government is granted a nonexclusive, paid-up, irrevocable worldwide license to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government (broad license). The contractor is to mark each scientific or technical article first produced or composed under the contract and submitted for journal publication or similar means of dissemination with a notice, as prescribed in their contract, reflecting the Government’s nonexclusive, paid-up, irrevocable worldwide license in the copyright.
Notice: This manuscript has been authored by [insert the name of the Contractor] under Contract No. [insert the contract number] with the U.S. Department of Energy. The United States Government retains and the publisher, by accepting the article for publication, acknowledges that the United States Government retains a non-exclusive, paid-up, irrevocable, world-wide license to publish or reproduce the published form of this manuscript, or allow others to do so, for United States Government purposes.
Some sites provide OSTI with metadata for the final published version of the product while others send full-text copies. Even when the Government’s rights have been established, it is preferable to send OSTI a copy of the accepted manuscript (i.e., pre-publication version) instead of reprints of the final published version that may have copyright restrictions. Access to published versions with copyright restrictions will be limited to DOE and DOE contractors through SRC.
- If permission is granted, the applicable copyright notice is affixed on the copyrighted data and acknowledgment of the Government sponsorship, and license rights. In these cases, the announcement notice should be marked with the distribution limitation Copyrighted Material with Restrictions.
- If permission to establish or claim copyright has not been requested or granted, no copyright marking is warranted and the document will have unlimited distribution. The announcement notice should be marked with the distribution limitation Unlimited Announcement.