Basic rights in data clause
FAR 27.404 ensures both government and contractors understand and comply with data rights, marking, and usage requirements in federal contracts.
Overview
FAR 27.404 outlines the implementation and operation of the "Rights in Data – General" clause (52.227-14) and the related provision for representation of limited rights data and restricted computer software (52.227-15). This section provides guidance on the allocation of rights between the government and contractors regarding data produced or used in the performance of a contract. It addresses the distinctions between unlimited rights, limited rights, and restricted computer software, as well as the handling of copyrighted works, contractor publication rights, marking requirements, and government inspection rights. The section is essential for ensuring that both parties understand their rights and obligations concerning data ownership, use, and protection under federal contracts.
Key Rules
- Operation of Rights in Data – General Clause
- Explains how the clause at 52.227-14 governs data rights in federal contracts.
- Use of Representation Provision
- Details when and how to use the provision at 52.227-15 for limited rights data and restricted software.
- Types of Data Rights
- Differentiates between unlimited rights, limited rights, and restricted computer software.
- Copyrighted Works and Markings
- Addresses handling of copyrighted materials and requirements for proper data markings.
- Contractor Publication and Release
- Outlines rules for contractor release, publication, and use of data.
- Inspection Rights
- Provides for government inspection of data at the contractor’s facility.
Responsibilities
- Contracting Officers: Must include appropriate clauses and provisions, ensure proper data rights allocation, and enforce marking and inspection requirements.
- Contractors: Must comply with data rights clauses, accurately mark data, and adhere to publication and release restrictions.
- Agencies: Oversee compliance and resolve disputes regarding data rights and markings.
Practical Implications
- Ensures clarity on data ownership and usage rights in federal contracts.
- Impacts how contractors protect proprietary data and software.
- Common issues include improper data markings, misunderstandings about rights, and disputes over publication or use of data.