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<br /> ARTICLE 19. Copyrights. Publications. and Patents
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<br /> Texas Health and Safety Code § 12.020(a), VTCA, authorizes RECEIVING AGENCY to apply for, register, secure,
<br /> hold, and protect a patent, copyright, trademark or other evidence of protection or exclusivity issued in or for
<br /> intellectual property. All work performed that results in the production of original books manuals, films, or other
<br /> original material is th(;:exclusive property of RECEIVING AGENCY. All right, title, and interest in and to said
<br /> property shall vest in RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work
<br /> made for hire" and made in the course of the services rendered pursuant to this contract. To the extent that title to
<br /> any such work may not, by operation oflaw, vest in RECEIVING AGENCY or such work may not be considered
<br /> a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVING
<br /> AGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,
<br /> copyrights, trademarks, service marks, certification marks, collective marks, registrations, or such other protection
<br /> as may be appropriate to the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY
<br /> shall ensure all rights, titles and interest in and to the property are secured to RECEIVING AGENCY from
<br /> PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING AGENCY
<br /> and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by RECEIVING
<br /> AGENCY, all assistance required to perfect the. rights derIDed in this Article, without any charge or expense beyond
<br /> those amounts payable to PERFORMING AGENCY for the services rendered under the contract.
<br /> Iffederal funds are used to fmance activities supported by the contract Attachment(s) that result in the production
<br /> of original books, manuals, films, or other original material, the federal awarding agency reserves a royalty-free,
<br /> nonexclusive, and irrevocable license to reproduce, publish or otherwise use,. and. to authorize others to use, for
<br /> federal government purposes. (1) the copyright in any work developed under a grant, subgrant, or contract under
<br /> a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
<br /> purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
<br /> awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
<br /> support and, iffeasible, on any publication reporting the results of or describing a grant-supported activity. An
<br /> acknowledgment shall be to the effect that "This publication was made possible by grant number
<br /> from (federal awarding agency)" or "The project described was supported by grant number from
<br /> (federal awarding agency)" and "Its contents are solely the responsibility of the authors and do not necessarily
<br /> represent the official views of the (federal awarding agency)."
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<br /> In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
<br /> AGENCY reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
<br /> and to authorize others to use, for RECEIVING AGENCY and. state government purposes (I) the copyright in any
<br /> work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to
<br /> which a grantee, subgrantee or a contractor purchases ownership with grant support.
<br /> PERFORMING AGENCY may publish the results of the contract performance at its expense with prior
<br /> RECEIVING AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication
<br /> should include "@ Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the year of publication),
<br /> All Rights Reserved." If the PERFORMING AGENCY is the copyright holder, any publication shall include
<br /> acknowledgment of the support received from RECEIVING AGENCY. At least six copies of any such publication
<br /> must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the. right to require. additional copies
<br /> before or after the initial review.
<br /> PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standard patent rights
<br /> clauses in 37 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11.
<br /> (F ee-for-Service) 1999 GENERAL PROVISIONS Page 12 4/98
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