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Public Domain & Licensing - Open and Iterative Policy Development #317

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2 policy-memo.md
@@ -99,7 +99,7 @@ Consistent with existing policies relating to Federal agencies' use of standards
##### c. Ensure information stewardship through the use of open licenses
-Agencies must apply open licenses, in consultation with the best practices found in Project Open Data, to information as it is collected or created so that if data are made public there are no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information for non-commercial or for commercial purposes. [^21] When information is acquired or accessed by an agency through performance of a contract, appropriate existing clauses [^22] shall be utilized to meet these objectives while recognizing that contractors may have proprietary interests in such information, and that protection of such information may be necessary to encourage qualified contractors to participate in and apply innovative concepts to government programs.
+The Federal government does not take copyright in works prepared by its employees as part of their official duties. In instances where government data may have been contributed by a nongovernmental individual or entity and does not fall squarely within the public domain, agencies must apply open licenses, in consultation with the best practices found in Project Open Data, to information as it is collected or created so that if data are made public there are no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information for non-commercial or for commercial purposes. [^21] In some circumstances, information is acquired or accessed by an agency through an independent contractor. This requires that appropriate existing clauses [^22] be utilized to meet open data objectives, for example, by requiring the contractor to apply an open license to data created or modified under the contract, while recognizing that protection of proprietary interests in data may in certain cases be necessary to encourage qualified contractors to participate in and apply innovative concepts to government programs.
##### d. Use common core and extensible metadata
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