Q. We hire vendors such as photographers and videographers to do specific work paid for with FTA funds. Who does the copyright to this work reside with - The Federal Government or the vendor?
Background: Metro has an FTA grant - CMAQ funds - in hiring a photographer I am confused with who copyrights belong to - the federal clauses use the term subject data - does that include photos and videos etc.?
A. Generally, with an FTA grant, the grantee is only purchasing a license to use the intellectual property in question. Purchase of a full copyright would be cost prohibitive and would not serve an FTA purpose. We recommend that the grantee work closely with their legal office regarding intellectual property clauses in their third party contracts, and, if specific problems arise regarding compliance of these clauses with FTA requirements, refer those specific problems to their Regional Counsel. (Posted: January, 2013)