Intellectual Property in Contracts
Under the Province’s standard service contracts (i.e. the General Services Agreements or GSAs), copyright in any material produced under the contract (excluding any “Incorporated Material”, as defined in those contracts) belongs exclusively to the Province.
Under the GSAs:
- The contractor must deliver, upon request, documents satisfactory to the Province: (a) waiving any moral rights which the contractor (or employees of the contractor) or a subcontractor (or employees of a subcontractor) have in the material produced under the contract; and (b) confirming the vesting in the Province of the copyright in any such material (excluding any “Incorporated Material”, as defined in the GSAs).
- The contractor is also required to provide the Province with a broad license to use any “Incorporated Material” (as defined in the GSAs) which is embedded or incorporated in the material produced under the contract.
When a contract involves the creation of any material in which the Province will own the copyright, contract managers should ensure that the documents waiving moral rights and/or confirming the vesting of copyright be provided to contractors for execution after the development of such material is complete.
Contract managers seeking further information regarding the waiving of moral rights and/or confirming the vesting of copyright may contact the Intellectual Property Program.
If, after the term of the contract, the contractor wishes to use any material produced under the contract, the contractor may contact the Intellectual Property Program to request a license agreement.
For BC government employees:
(a) any questions regarding service contracts and/or solicitation documents, including any requests for changes to the language of either type of document, should be directed to Legal Services Branch; and
(b) any questions regarding disposals of intellectual property, including license agreements, should be directed to the Intellectual Property Program.