Sec. 108.209. - Licensing of computer software; copyrighting and patenting of software.

(a) The Intra-Governmental Department is authorized to license, on a nonexclusive basis, to other governmental agencies outside the Consolidated Government and to private commercial firms, the computer software, including computer programs, developed and improved by the Department as original works and methods, as determined from time to time by the Chief of ITD. The Department is also authorized to obtain from the appropriate authorities of the United States the necessary copyrights under Title 17, United States Code and patents under Title 35, United States Code to furnish protection for the City as owner of the computer software. The computer software which is the subject of this Section is declared to be the exclusive property of the City for the use of the Department in the performance of its duties and responsibilities; use by any other person is prohibited unless by license issued under this Section. A licensee may, with the approval of the City, permit a person (known as a sublicensee) to use licensed computer software, under and subject to its license, in which case the sublicensee shall agree to observe the terms and conditions of the license agreement. (b) The Intra-Governmental Director is authorized to negotiate with the entities described in subsection (a) of this Section for the licensing of computer software owned by the City and to recommend to the Mayor a licensing agreement in a form approved by the Office of General Counsel. The Mayor and Corporation Secretary are authorized to execute a licensing agreement with such entities as agree to its terms and conditions. In concluding an agreement with an entity, the following restrictions shall be observed: (1) Licensees (and sublicensees of such licensees) shall be domiciled or have their principal places of business within the United States. (2) The licensed computer software shall be used by the licensee (or sublicensee) within the United States only. (3) No computer software shall be licensed if it has been developed under a grant or other program which: (i) Requires the software to be shared with or given to other municipalities or commercial corporations at no cost to them. (ii) Prohibits licensing agreements altogether. (c) In calculating the license fee to be paid by the licensee under the licensing agreement, the Intra-Governmental Director shall determine the development costs of the licensed computer software and a license fee equal to ten percent of the total development costs shall be paid by each licensee; provided, that, if a sublicensee is agreed to, the license fee shall be increased to an amount determined by the Intra-Governmental Director and approved by the Mayor to represent an equitable return to the City for the use of the licensed computer software by the sublicensee. (d) The Intra-Governmental Director is authorized to negotiate with other governmental agencies outside the Consolidated Government for the licensing of computer software without the payment of any license fee, on a reciprocal basis. A licensing agreement shall be executed, the same as if a license fee were to be paid, but it shall establish the reciprocity between the City and the agency. (e) The licensing agreement shall provide that the City may acquire from the licensee (and sublicensee, if any), at a price fixed in or determinable from the agreement, a license to use any computer software developed by the licensee (and sublicensee, if any) that incorporates all or part of a computer program previously licensed by the City to the licensee. (f) The authority granted by this Section shall not be construed as authority for the Intra-Governmental Department to prepare computer programs to the order of the various licensees. (Ord. 74-41-49, §§ 1—5; Ord. 83-591-400, § 1; Ord. 83-866-479, § 2; Ord. 2011-732-E) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.