Common use of Original Works Clause in Contracts

Original Works. All inventions, discoveries, work of authorship, trade secrets or other tangible or intangible items and intellectual property rights created by Contractor pursuant to this Contract, including derivative works and compilations, together the “Work Product”, and whether or not such Work Product is considered a work made for hire or an employment to invent, shall be the exclusive property of OSU. OSU and Contractor agree that such original works of authorship are “work made for hire” of which OSU is the author within the meaning of the United States Copyright Act. If for any reason the original Work Product created pursuant to this Contract is not “work made for hire,” Contractor hereby irrevocably assigns to OSU any and all of its rights, title, and interest in all original Work Product created pursuant to this Contract, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon OSU’s reasonable request, Contractor shall execute such further documents and instruments necessary to fully vest such rights in OSU. Contractor forever waives any and all rights relating to original Work Product created pursuant to this Contract, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. In the event that Work Product created by Contractor under this Contract is a derivative work based on Contractor intellectual property, or is a compilation that includes Contractor intellectual property, Contractor hereby grants to OSU an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Contractor intellectual property employed in the Work Product, and to authorize others to do the same on OSU’s behalf. In the event that Work Product created by Contractor under this Contract is a derivative work based on third party intellectual property, or is a compilation that includes third party intellectual property, Contractor shall secure on OSU’s behalf and in the name of OSU an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the third party intellectual property employed in the Work Product, and to authorize others to do the same on OSU’s behalf.

Original Works. All inventions, discoveries, work of authorship, trade secrets or other tangible or intangible items and intellectual property rights Work Product created by Contractor County pursuant to this Contractthe Work, including derivative works and compilations, together the “Work Product”, and whether or not such Work Product is considered a "work made for hire or an employment to invent, hire," shall be the exclusive property of OSUDOE. OSU DOE and Contractor County agree that such original works of authorship are “all Work Product is "work made for hire” " of which OSU DOE is the author within the meaning of the United States Copyright Act. If for any reason the original Work Product created pursuant to this Contract the Work is not “"work made for hire,” Contractor " County hereby irrevocably assigns to OSU DOE any and all of its rights, title, and interest in all original Work Product created pursuant to this Contractthe Work, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon OSUDOE’s reasonable request, Contractor County shall execute such further documents and instruments necessary to fully vest such rights in OSUDOE. Contractor County forever waives any and all rights relating to original Work Product created pursuant to this Contractthe Work, including without limitation, any and all rights arising under 17 USC U.S.C. §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. In the event that Work Product created by Contractor under this Contract is County Intellectual Property, a derivative work based on Contractor intellectual property, County Intellectual Property or is a compilation that includes Contractor intellectual propertyCounty Intellectual Property, Contractor County hereby grants to OSU DOE an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display County Intellectual Property and the pre-existing elements of the County Intellectual Property employed in the Work Product, and to authorize others to do the same on DOE’s behalf. In the event that Work Product is Third Party Intellectual Property, a derivative work based on Third Party Intellectual Property or a compilation that includes Third Party Intellectual Property, County shall secure on DOE’s behalf and in the name of DOE an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property and the pre-existing elements of the Contractor intellectual property Third Party Intellectual Property employed in the Work Product, and to authorize others to do the same on OSUDOE’s behalf. In If state or federal law requires that DOE or County grant to the event that Work Product created by Contractor under this Contract is United States a derivative work based on third party license to any intellectual property, or is a compilation if state or federal law requires that includes third party the DOE or the United States own the intellectual property, Contractor then County shall secure on OSU’s behalf execute such further documents and instruments as DOE may reasonably request in order to make any such grant or to assign ownership in the name of OSU an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the third party intellectual property employed to the United States or DOE County shall include in the Work Product, its subcontracts terms and conditions necessary to authorize others require that subcontractors execute such further documents and instruments as DOE may reasonably request in order to do the same on OSU’s behalfmake any grant of license or assignment of ownership that may be required by federal or state law.

Original Works. All inventions, discoveries, work of authorship, trade secrets or other tangible or intangible items and intellectual property rights Work Product created by Contractor pursuant to this Contract, including derivative works and compilations, together the “Work Product”, and whether or not such Work Product is considered a work made for hire or an employment to inventServices in whatever form, shall be the exclusive property of OSULottery. OSU Lottery and Contractor agree that such original works of authorship are “work made for hire” of which OSU Lottery is the author within the meaning of the United States Copyright Act. If for any reason the original Work Product created pursuant to this Contract the Services is not “work made for hire,” Contractor hereby irrevocably assigns to OSU Lottery any and all of its rights, title, and interest in all original Work Product created pursuant to this Contractthe Services, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon OSULottery’s reasonable request, Contractor shall execute such further documents and instruments necessary to fully vest such rights in OSULottery. Contractor forever waives agrees that Contractor shall not, and is estopped to, assert against Lottery and the State of Oregon, or any of their assignees, any and all rights relating to original Work Product created pursuant to this Contractthe Services, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. In the event that If Work Product created by Contractor under this Work Order Contract is a derivative work based on Contractor intellectual propertyThird Party Intellectual Property, or is a compilation that includes Contractor intellectual propertyThird Party Intellectual Property, Contractor hereby grants to OSU shall secure on Lottery’s behalf, and in the name of Lottery, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Contractor intellectual property Third Party Intellectual Property employed in the Work Product, and to authorize others to do the same on OSU’s behalf. In the event that Work Product created by Contractor under this Contract is a derivative work based on third party intellectual property, or is a compilation that includes third party intellectual property, Contractor shall secure on OSU’s behalf and in the name of OSU an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the third party intellectual property employed in the Work Product, and to authorize others to do the same on OSULottery’s behalf.