Rights in Data and Copyrights
FAR Subpart 27.4 ensures that both government and contractor rights in data and copyrights are clearly defined, negotiated, and protected through specific contract clauses and procedures.
Overview
FAR Subpart 27.4, "Rights in Data and Copyrights," establishes the policies, definitions, and procedures governing the government's and contractors' rights in data produced or delivered under federal contracts. This subpart covers the allocation of rights in technical data, computer software, and copyrights, ensuring that both government and contractor interests are protected. It outlines the standard clauses to be used in solicitations and contracts, addresses the acquisition of data, and provides guidance on handling data rights in proposals and cosponsored research and development activities. The subpart is essential for determining what data the government can use, disclose, or authorize others to use, and under what conditions contractors may retain or assert rights. It also specifies the procedures for negotiating data rights and the inclusion of appropriate contract clauses to safeguard these interests.
Key Rules
- Policy and Definitions
- Establishes clear definitions and overarching policies for data rights and copyrights in federal contracting.
- Data Rights Allocation
- Details how rights in data are allocated between the government and contractors, including standard and alternative clauses.
- Acquisition and Use of Data
- Provides procedures for acquiring data, including technical data in proposals and cosponsored R&D.
- Contract Clauses
- Mandates the use of specific solicitation provisions and contract clauses to address data rights and copyrights.
Responsibilities
- Contracting Officers: Must ensure appropriate data rights clauses are included in contracts and that data rights are negotiated and documented as required.
- Contractors: Must understand and comply with data rights clauses, properly mark data, and disclose any restrictions or copyrights.
- Agencies: Oversee compliance, resolve disputes, and ensure government interests are protected in data acquisitions.
Practical Implications
- This subpart exists to balance the government's need to use and share data with contractors' intellectual property rights.
- It impacts daily contracting by requiring careful review and negotiation of data rights clauses and proper handling of proprietary information.
- Common pitfalls include failure to properly mark data, misunderstanding rights allocations, or omitting required clauses, which can lead to loss of rights or disputes.