The U.S. Department of Education has published notice of proposed rule making in the Federal Register
that would require all recipients of DOE competitive grant funds to openly license all copyrightable work created with the grant funds.
Proposed Regulations: Proposed
§ 3474.20 would establish an open
licensing requirement for copyrightable
works created using funds from direct
competitive grant programs. Section
3474.20 would require that all
Department grantees awarded direct
competitive grant funds openly license
to the public all copyrightable
intellectual property created with
Department grant funds.
The open licensing requirement would allow the public to freely use the copyrightable work developed from DOE grants.
These proposed regulations would
allow the public to access and use
copyrightable intellectual property
created with direct competitive grant
funds for any purpose, provided that the
user gives attribution to the designated
authors or copyright holders of the
The DOE believes that the considerable material created by grantees funded with DOE grants, "including lesson plans, instructional plans, professional development tools, and other teaching and learning resources," should be "shared broadly with the public."