THIS ASSIGNMENT OF COPYRIGHT AND RELATED RIGHTS is executed by the undersigned (“ Submitter”) in connection with the Submitter’s voluntary submission (“Submission”) to the Executive Office of Housing and Livable Communities (“EOHLC”) acting for the Commonwealth of Massachusetts (“the Commonwealth”) as part of the EOHLC’s Accessory Dwelling Unit Design Challenge (“Challenge”).
Where a team of individuals or entities have collaborated-on or contributed-to a single Submission, the Submitter must secure all associated permissions and rights from such contributors (“Team Members”) before signing this document or finalizing the Submission. Submitter agrees to assume any liability of the Commonwealth’s as may result from failure to secure such permissions and rights.
- Voluntary Participation
Submitter acknowledges that participation in the Challenge is voluntary and not a procurement of architectural or professional services for EOHLC or the Commonwealth. Submissions are conceptual in nature and not intended to constitute final design documents or construction plans.
- Intellectual Property Rights, Publicity, Publication, Reproduction and Use
Submitter agrees that, as a condition of their Submission to the Challenge:
a. Upon Submission, all materials and substantive components of the submission ("Submission Package") shall become the property of the Commonwealth. The Commonwealth shall have title and own the copyright in the Submission Package and its substantive components. As such, the Commonwealth shall have the right to license the Submission Package which shall include the right to:
i. Reproduce, publish, display, distribute, transmit, and otherwise make the Submission Package available, including posting on state websites, social media, printed materials, public presentations, and press materials.
ii. Modify, adapt, excerpt, or create derivative works from the Submission Package.
iii. Permit members of the public, including homeowners, designers, architects, builders, municipalities, and others, to 1) view, download, or reuse the Submission Package, and 2) create derivative works inspired by or based on the Submission Package, and 3) design and construct ADUs based on or derived from the Submission Package.
b. To the maximum extent permitted by law, Submitter assigns all moral rights associated with the Submission Package, including any rights of attribution, integrity, disclosure, or withdrawal, to the Commonwealth. The Commonwealth may, but is not required to, provide attribution to the Submitter.
c. Submitter shall not make any application for copyright or patent of the Submission Package or any of its substantive components without the prior written consent of EOHLC.
d. Submitter waives any right to assert or enforce any claims against the Commonwealth or any of its agencies, officers, employees, contractors, or designees, and any member of the public who downloads, copies, adapts, modifies, or uses the Submission Package in connection with planning, designing, or constructing an ADU.
e. Submitter shall retain a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the Submission Package and its substantive components.
f. Nothing in this agreement prevents Submitter from entering private contractual relationships with homeowners or others, including for the creation of final, buildable plans based on the Submission Package.