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26. What are the Intellectual property and data rules for products <br />that result from IMLS grants? <br />a. You may copyright any work that is subject to copyright and was developed, or for which <br />ownership was purchased, under the grant. IMLS reserves a royalty -free, worldwide, <br />nonexclusive, and irrevocable right to reproduce, publish or otherwise use the work for <br />Federal purposes and to authorize others to do so (see also, Intangible Property, 2 CFR <br />Part 215.36, and 45 CFR Part 1183.34 Copyrights). You shall also ensure that all <br />publication and distribution agreements include provisions giving the government a <br />royalty -free, worldwide, nonexclusive and irrevocable right to reproduce, publish or <br />otherwise use the work for Federal purposes, and for IMLS to authorize others to do so, <br />and requiring the acknowledgment of IMLS support, <br />b. IMLS reserves a royalty -free, worldwide, nonexclusive, and irrevocable right to: (1) <br />obtain, reproduce, publish or otherwise use the data first produced under the grant; and <br />(2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal <br />purposes. <br />c. If you are awarded funds for experimental, developmental, or research work, you are <br />subject to the regulations governing patents and inventions, including government -wide <br />regulations issued by the Department of Commerce at 37 CPR Part 401, 'Rights to <br />Inventions made by Nonprofit Organizations and Small Business Firms Under <br />Government Grants, Contracts and Cooperative Agreements." <br />d. In response to a Freedom of Information Act (FOIA) request for research data relating to <br />published research findings produced under a grant that were used by the Federal <br />Government in developing an agency action that has the force and effect of law, IMLS <br />shall request, and you shall provide, within a reasonable time, the research data so that <br />they can be made available to the public through the procedures established under the <br />FOIA (5 U.S.G. §552). <br />27. What happens if a funded project earns income? <br />The federal share of program income is determined by the percentage of total project costs <br />supported by IMLS. <br />Income Earned During the Grant Period <br />You will retain the federal share of program income earned during the grant period and, unless <br />the grant award notification specifies how such income will be used, must use it in one or more <br />of the following ways: <br />• It may be added to the existing project funds and used to further eligible project <br />objectives. <br />• It may be used to meet the grantee's cost - sharing requirement. <br />• It may be deducted from the total allowable costs to determine the net allowable project <br />costs that may be charged to the IMLS grant. <br />14 <br />