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EXHIBIT D INTELLECTUAL PROPERTY PROTOCOL The protocol provided below addresses how and when a person must gain permission to disseminate data, findings or products emerging from CFFC-funded projects or their evaluations. 1. Cateaories of Materials The following tiers represent the general types or categories of dissemination and the CFFC's policy for each category. Tier 1 acknowledges that cleaned and reviewed data, and summaries of cleaned/reviewed data are commonly shared among individuals and/or organizations (collectively "person"). The CFFC encourages this practice and does not expect any advance notice, pre-approval or involvement. Tier 2 recognizes that data sets are commonly analyzed and findings are broadly shared through publication, teaching and other methods of dissemination. These activities are viewed as beneficial to the community and therefore the CFFC encourages them. However, prior to any publication of CFFC-funded and produced materials, such material shall be submitted to the CFFC for prior approval for input and to ensure inclusion of appropriate CFFC acknowledgment. Tier 3 acknowledges that in some instances, persons will develop analyses, materials or products for distribution and/or sale (e.g. software programs, CD Roms, brochures, manuals, curricula and books). Persons need to acknowledge that in such instances, the CFFC owns the rights to such analyses, materials or products. Consequently, no person shall sell or otherwise appropriate, any analyses, materials or products which are made possible, in whole or in part, by CFFC funded support, without the express prior approval of the CFFC. When presented with a request by a person for prior approval, the CFFC shall decide whether, and to what extent, such analyses, materials or products may be appropriated or sold, the determination of which shall include consideration of such issues such as profit sharing, on a case by case basis. 2. Definitions and Process At present, CFFC contracts state that CFFC owns any products from CFFC-funded projects. The protocol provided below addresses how/when a person must gain permission to disseminate data, findings or products emerging from CFFC-funded projects or their evaluations. Tier 1- Cleaned/Reviewed Data and Summary of Findings Definition: This category generally includes data that are considered to be "in the public domain." This includes data from general surveys as well as specific surveys and other data collection methods utilized to identify the "results" of CFFC-funded efforts (e.g.: % of WIC clients who initiate breast feeding). This data has been cleaned and reviewed for clarity and reasonable validity. This does not include "draft" data or draft summaries which have not been approved or finalized by the originator. Criteria/Conditions for Release of Information: In the spirit of cooperating/coordinating with all persons who are working to improve the health and well being of children and families in the County, these data may be released without specific CFFC review and approval provided that appropriate measures are taken to ensure client confidentiality AND provided that the methods used to collect the data are reasonably valid and are available for review upon request. Tier 2- Analytic Reports for Public Dissemination, Publication and/or Teaching Definition: This category includes reports that analyze cleaned data and their significance, which are to be used for public dissemination, publication, or teaching. Criteria/Conditions for Release of Information: Reports for public dissemination, publication and/or teaching must (1) acknowledge CFFC support for the intervention or evaluation effort; and (2) be submitted to CFFC prior to distribution/publication for approval, feedback and comments. This includes reports which analyze the status of population (results) and/or those which assess the effectiveness of funded interventions. Distribution: 1 copy each: Contractor, Commission, Controller 5/28/02 Page 10