CC BY 4.0 required on U.S. Department of Labor $150M grant

Cable Green

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Creative Commons actively works to support foundations, governments, IGOs and other funders who create, adopt and implement open policies. We believe publicly funded resources should be openly licensed resources.

To support these and other emerging open policy efforts, CC is about to launch, with multiple global open organizations, an Open Policy Network and Institute for Open Leadership.

The U.S. Department of Labor (DOL) has led the way in using open policy requirements in solicitations for grant requirements first with its Career Pathways Innovation Fund Grants Program (http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-06.pdf), then with its Trade Adjustment Assistance and Community College Career Training grant program (doleta.gov/taaccct). Now they are once again requiring the Creative Commons Attribution (CC BY) license on all content created with the grant funds and modifications made to pre-existing, grantee-owned content using grant funds in their Ready to Work Partnership grant program. Bravo!

The U.S. Department of Labor has announced the availability of approximately $150 million in funds for the H-1B Ready to Work Partnership grant program. DOL expects to fund approximately 20-30 grants with individual grant amounts ranging from $3 million to $10 million. This grant program is designed to provide long-term unemployed workers with individualized counseling, training and supportive and specialized services leading to rapid employment in occupations and industries for which employers use H-1B visas to hire foreign workers. http://www.doleta.gov/grants/pdf/SGA_DFA_PY_13_07.pdf

Here is the open policy text in the grant solicitation:

    • To ensure that the Federal investment of these funds has as broad an impact as possible and to encourage innovation in the development of new learning materials, as a condition of the receipt of a Ready to Work grant, the grantee will be required to license to the public all work (except for computer software source code, discussed below) created with the support of the grant under a Creative Commons Attribution 4.0 (CC BY) license. Work that must be licensed under the CC BY includes both new content created with the grant funds and modifications made to pre-existing, grantee-owned content using grant funds.

 

 

    • Questions about CC BY as it applies to specific Ready to Work grant applications should be submitted to DOL to the Grants Management Specialist specified in Section VII.

 

    • Only work that is developed by the grantee with the grant funds is required to be licensed under the CC BY license. Pre-existing copyrighted materials licensed to, or purchased by the grantee from third parties, including modifications of such materials, remain subject to the intellectual property rights the grantee receives under the terms of the particular license or purchase. In addition, works created by the grantee without grant funds do not fall under the CC BY license requirement.

 

    • The purpose of the CC BY licensing requirement is to ensure that materials developed with funds provided by these grants result in Work that can be freely reused and improved by others. When purchasing or licensing consumable or reusable materials, grantees are expected to respect all applicable Federal laws and regulations, including those pertaining to the copyright and accessibility provisions of the Federal Rehabilitation Act.

 

    • Further, the Department requires that all computer software source code developed or created with Ready to Work grant funds will be released under an intellectual property license that allows others to use and build upon them. Specifically, the grantee will release all new source code developed or created with grant funds under an open license acceptable to either the Free Software Foundation and/or the Open Source Initiative.

 

    • Separate from the CC BY license to the public, the Federal Government reserves a paid-up, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for Federal purposes: the copyright in all products developed under the grant, including a purchases ownership under an award (including, but not limited to, curricula, training models, technical assistance products, and any related materials).

 

Well done U.S. Department of Labor for once again demonstrating how to properly implement an open policy.

The U.S. Department of Labor seal is in the public domain.

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