Unlimited rights data
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.