a copyright in a copyrightable work first produced under the grant. (B) Open license requirement (i) Requirement With respect to each copyrightable work first produced under the grant, except as provided in clause (ii), an eligible entity that asserts a copyright under subparagraph (A) shall provide to the public a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to carry out each exclusive right provided to that eligible entity under section 106 of title 17, United States Code. (ii) Exception With respect to a copyrightable work first produced under the grant that employs preexisting material, the requirement described under such subparagraph shall apply to such work to the extent that— (I) no copyright subsists in such preexisting material