27.404-1 Unlimited rights data
Source: FAR 27.404-1 on acquisition.gov
The Government automatically receives unlimited rights to most data produced or delivered under a contract, except for certain copyrighted works and restricted software, so contractors must carefully identify and mark any data with limited rights.
Overview
FAR 27.404-1 outlines the types of data for which the Government acquires unlimited rights under a contract, with certain exceptions for copyrighted works and restricted computer software. Unlimited rights allow the Government to use, disclose, reproduce, prepare derivative works, distribute copies, and perform or display the data publicly, for any purpose. This section specifies that data first produced in contract performance, form, fit, and function data, manuals or instructional materials (excluding those with restricted software), and all other delivered data (except limited rights data or restricted software) are subject to unlimited rights. Contractors must be aware of these categories to ensure proper marking and handling of data deliverables and to avoid inadvertently granting the Government broader rights than intended.
The Government acquires unlimited rights in the following data except for copyrighted works as provided in 27.404-3:
(a) Data first produced in the performance of a contract (except to the extent the data constitute minor modifications to data that are limited rights data or restricted computer software).
(b) Form, fit, and function data delivered under contract.
(c) Data (except as may be included with restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under a contract.
(d) All other data delivered under the contract other than limited rights data or restricted computer software (see 27.404-2).