Issued 17 March 1958 DATA AND COPYRIGHTS 920.1 legend is marked on each piece of data so limited [In third blank of tion hereof in whole or in part. (c) Notwithstanding any provisions of this contract concerning inspection and acceptance, the Government shall have the right at any time to modify, remove, obliterate or ignore any marking not authorized by the terms of this contract on any piece of Subject Data furnished under this contract, subject to the right of the Contractor to appeal under the "Disputes" clause from the decision of the Contracting Officer. [Contract clause continued on next page] ARMED SERVICES PROCUREMENT REGULATION 9-203.2 Revised 28 January 1958 DATA AND COPYRIGHTS 921 (d) Subject to the proviso in (e) below, the Government may duplicate, use, and disclose in any manner and for any purpose whatsoever, and have others so do, all Subject Data not covered by (b) above which is delivered under this contract. (e) The Contractor agrees to and does hereby grant to the Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive and irrevocable license throughout the world, to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all Subject Data now or hereafter covered by copyright; provided that with respect to such Subject Data not originated in the performance of this contract but which is incorporated in the work furnished under this contract such license shall be only to the extent that the Contractor, its employees, or any individual or concern specifically employed or assigned by the Contractor to originate and prepare such Data under this contract, now has, or prior to completion or final settlement of this contract may acquire, the right to grant such license without becoming liable to pay compensation to others solely because of such grant. (f) The Contractor shall exert all reasonable effort to advise the Contracting Officer, at the time of delivery of the Subject Data furnished under this contract, of all invasions of the right of privacy contained therein and of all portions of such Data copied from work not composed or produced in the performance of this contract and not licensed under this clause. (g) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of copyright infringement received by the Contractor with respect to all Subject Data delivered under this contract. (h) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. Nothing contained in this clause shall be construed as prohibiting the Government from manufacturing, or having manufactured for it by or procuring from others than the Contractor, that which is shown in or by such Data, so long as the Data, or a copy in whole or in part, to which the limitation in (b) above applies, is not used in such manufacture or procurement. 9-204 Contract Clauses-Special. 9-204.1 Limitation on Government's Right of Publication for Sale to the General Public. The paragraph set forth below may be added to the clause of ASPR 9-203.1 when, in contracts for research, the contracting officer determines in accordance with Departmental procedures that public dissemination of the work or certain designated parts of the work specified to be delivered under contract is in the best interest of the Government and would be facilitated by the Government relinquishing its right to publish for sale or to have others publish for sale for it. This paragraph shall not be used otherwise. (h) If the Contractor publishes for sale or causes to be published for sale within months after final settlement of this contract or within such additional period as the Contracting Officer may approve, but in any event within a period no greater than 24 months, the Subject Data designated immediately following this paragraph, which is delivered under this contract, the Government agrees not to publish for sale or authorize others so to do. This limitation on the Government's right to publish for sale shall continue as long as the work is protected by copyright, with ARMED SERVICES PROCUREMENT REGULATION ¶ 9-204.1 L 922 PATENTS, DATA, AND COPYRIGHTS Revised 28 January 1958 respect to any such designated work which is so published within such period of time, and as to all work not so published within such period of time, this paragraph shall be of no force or effect. The following Subject Data is designated: 9-204.2 Production of Motion Pictures. This clause set forth below is approved for use in contracts for the production of motion pictures with or without accompanying sound, and in all contracts for the preparation of motion picture scripts, musical compositions, sound tracks, translations, adaptations, and the like: RIGHTS IN DATA (a) The term "Subject Data" as used herein includes writings, sound recordings, pictorial reproductions, drawings or other graphical representations, and works of any similar nature (whether or not copyrighted) which are specified to be delivered under this contract. The term does not include financial reports, cost analyses and other information incidental to contract administration. (b) All Subject Data first produced in the performance of this contract shall be the sole property of the Government. The Contractor agrees not to assert any rights at common law or equity and not to establish any claim to statutory copyright in such Data. The Contractor shall not publish or reproduce such Data in whole or in part or in any manner or form, nor authorize others so to do, without the written consent of the Government until such time as the Government may have released such Data to the public. (c) The Contractor agrees to grant and does hereby grant to the Government and to its officers, agents and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world (i) to publish, translate, reproduce, deliver, perform, use, and dispose of, in any manner, any and all Data not first produced or composed in the performance of this contract but which is incorporated in the work furnished under this contract; and (ii) to authorize others so to do. (d) The Contractor shall indemnify and save and hold harmless the Government, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, (i) for violation of proprietary rights, copyright or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any Data furnished under this contract, or (ii) based upon any libelous or other unlawful matter contained in such Data. (e) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. (f) Paragraphs (c) and (d) above are not applicable to material furnished to the Contractor by the Government and incorporated in the work furnished under the contract; provided, such incorporated material is identified by the Contractor at the time of delivery of such work. ¶ 9-204.2 ARMED SERVICES PROCUREMENT REGULATION Revised 28 January 1958 DATA AND COPYRIGHTS 923 9-204.3 Histories and Other Works. The contract clause set forth in ASPR 9-204.2 is suggested for use in contracts for: (a) Histories of the respective Departments or services or units thereof; (b) Works pertaining to recruiting, morale, training or career guidance; (c) Surveys of Government establishments; (d) Works pertaining to the instruction or guidance of Government officers and employees in the discharge of their official duties. 9-205 Contracts for Acquisition of Existing Works. 9-205.1 Off-the-Shelf Purchase of Books and Similar Items. Notwithstanding the instructions of any other paragraphs in this Part, no contract clause contained in this Part 2 need be included in contracts for the separate, sole procurement of data, other than motion pictures, in the exact form in which such material exists prior to the initiation of a request for purchase (such as off-the-shelf purchases of existing products) unless the right to reproduce such data is an objective of the contract. 9-205.2 Contracts for Existing Motion Pictures. Contracts for the procurement of existing motion pictures or for the modification of existing motion pictures shall be made in accordance with Departmental procedures. 9-206 Contracts To Be Performed Outside the United States. (a) Except as otherwise provided in ASPR 9-204.2, 9-204.3, or 9–205, the clause set forth below shall be included in all contracts under which (i) technical information including reports, drawings, blueprints or other data is specified to be delivered to the Government, and (ii) the work is to be performed outside the United States, its Territories, its possessions, or Puerto Rico, regardless of the place of delivery. TECHNICAL INFORMATION The Government may duplicate, use, and disclose in any manner for its governmental purposes, including delivery to other governments for the furtherance of mutual defense of the United States Government and such other governments, all or any part of the technical information including reports, drawings, blueprints, and other data specified to be delivered by the Contractor to the Government under this contract. (b) The above clause may be modified by substituting "the United States Government" for "Government"; however, when the contractor is a foreign government, the above clause shall be modified by substituting "the United States Government" for "Government" and by substituting the name of the foreign government for "Contractor." ARMED SERVICES PROCUREMENT REGULATION ¶9-206 STATEMENT OF DR. ALAN T. WATERMAN, DIRECTOR, NATIONAL SCIENCE FOUNDATION, ACCOMPANIED BY WILLIAM HOFF, GENERAL COUNSEL, NATIONAL SCIENCE FOUNDATION Senator ANDERSON. Our next witness is Dr. Alan T. Waterman, Director of the National Science Foundation. Dr. Waterman, the committee is looking forward to your contribution. I am inserting, at the request of the chairman, your biography, Dr. Waterman, into our record, and we are ready for any statement you may wish to make to the committee. (The biography referred to is as follows:) BIOGRAPHY OF DR. ALAN T. WATERMAN, DIRECTOR, NATIONAL SCIENCE FOUNDATION Dr. Waterman was born June 4, 1892, in Cornwall on the Hudson, N. Y. A graduate of Princeton University, bachelor of arts, 1913, he received the degree of doctor of philosophy in physics from Princeton in 1916. During the next year he was instructor in physics at the University of Cincinnati. After 2 years military service (private to first lieutenant) with the Science and Research Division of the Army Signal Corps in World War I, he joined the faculty of Yale University and remained in the department of physics there until 1948, with leave of absence during 1927-28 on a national research fellowship to King's College, London; to Massachusetts Institute of Technology in 1937, and to the Office of Scientific Research and Development from 1942 to 1946. Dr. Waterman holds several honorary degrees. During World War II, Dr. Waterman served as Vice Chairman of Division D and as assistant to member, National Defense Research Committee. From 1943 to 1945, he was Deputy Chief and later Chief of the Office of Field Service, Office of Scientific Research and Development. From 1946 to 1951, Dr. Waterman was with the Office of Naval Research, Department of the Navy, in the position of Deputy to the Chief and Chief Scientist. Dr. Waterman was appointed Director of the National Science Foundation on April 6, 1951. Dr. Waterman is a fellow of the American Association for the Advancement of Science, the American Physical Society, the American Association of Physics Teachers, and the New York Academy of Sciences. He is a member of the American Association of University Professors, the Washington Academy of Sciences, the Washington Academy of Medicine, Phi Beta Kappa, Sigma Xi, the Scientific Research Society of America, and the Washington Philosophical Society. He serves as a member of the Defense Science Board and the Advisory Panel on General Sciences of the Department of Defense, and of the Science Advisory Committee and the Committee on Specialized Personnel of the Office of Defense Mobilization. He is also a member of the President's Advisory Committee on Weather Control. Dr Waterman is a member of the board of directors of the Center for Advanced Study in the Behavioral Sciences, the board of trustees of Atoms for Peace Awards, and of the board of directors of the American Association for the Advancement of Science. Dr. WATERMAN. Thank you, sir. Mr. Chairman and members of the committee, I am very happy to appear before you today to give my views on matters relating to the need for efforts to accelerate our progress in space research, technology, and exploration, and more particularly regarding proposed organizational arrangements within the Government for this purpose. |