What rights do I have in intellectual property developed under my ONC award?

You may assert a copyright for any work that is subject to copyright, including reports, books, articles, design drawings and blueprints, recordings, video tapes and discs, and computer software , that was developed, or for which ownership was purchased, under your ONC award. You do not have to request ONC prior approval, but ONC may ask for advance notification of your intent and for an advance review. In all cases, ONC reserves a royalty-free, nonexclusive and irrevocable right to reproduce, disseminate, prepare derivative works, or otherwise use any work under this award for Federal purposes, and to authorize others to use any work that you copyright, or is already protected by a copyright for which you purchase an assignment of rights.

With respect to rights in data resulting from your ONC grant or cooperative agreement, unless your Notice of Grant Award provides otherwise, you own the rights in data; however, ONC has the right to obtain, reproduce, publish or otherwise use the data first produced under an award; and authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. Your subawards and contracts must address property rights in data and works consistent with the requirements of your award, including the right of ONC to use such property for Federal purposes.

If you use data or a work under an ONC award that was previously developed by you, a subrecipient, or contractor carrying out part of the substantive programmatic activity, unless it is modified under the ONC award, it is not subject to these rights and responsibilities. See Grants Management Advisory 2013-2 for additional information related to intellectual property.