27.404-3
Copyrighted works
Contractors must obtain permission to assert copyright in data first produced under a contract, ensure proper notices, and grant the Government broad license rights, with specific procedures for research contracts and data not first produced under the contract.
Overview
FAR 27.404-3 outlines the rules and procedures for asserting copyright in works containing data produced under government contracts. It distinguishes between data first produced in the performance of a contract and data not first produced under the contract, specifying when contractors may assert copyright, the permissions required, and the Government’s license rights. The section also addresses the use of Alternate IV in research contracts with colleges and universities, and the requirements for copyright notices and Government sponsorship acknowledgments. It ensures that the Government retains broad rights to use, reproduce, and disseminate data, while allowing contractors to protect their interests under certain conditions.
Key Rules
- Permission to Assert Copyright
- Contractors must generally obtain written permission from the contracting officer before asserting copyright in works containing data first produced under the contract, except for technical or scientific articles published in professional venues.
- Request Process
- Contractors must submit a written request identifying the data and intended use when seeking permission to assert copyright, and the contracting officer should grant permission unless specific exceptions apply (e.g., official agency reports, internal use, national interest).
- Use of Alternate IV
- Alternate IV of clause 52.227-14 allows automatic copyright assertion for colleges/universities in basic or applied research contracts, with exceptions for software development contracts and certain facility management contracts.
- Government License Rights
- The Government receives a broad, irrevocable license to use, reproduce, and distribute data (with some limitations for computer software), and any different license scope must be clearly stated on the data.
- Copyright Notice Requirements
- Contractors must affix proper copyright notices and acknowledge Government sponsorship; failure to do so may result in loss of copyright protection.
- Data Not First Produced Under Contract
- Contractors must secure or grant the Government a copyright license for any data delivered that was not first produced under the contract, or obtain permission to do otherwise.
Responsibilities
- Contracting Officers: Review and approve contractor requests to assert copyright, determine when exceptions apply, ensure proper license scope is documented, and consult legal counsel as needed.
- Contractors: Request permission to assert copyright, provide required documentation, affix copyright notices and acknowledgments, and ensure proper licensing for data not first produced under the contract.
- Agencies: Oversee compliance, determine when broader or different license rights are needed, and ensure contract clauses reflect appropriate rights and restrictions.
Practical Implications
- This section protects both Government and contractor interests in data rights, balancing dissemination, public access, and proprietary interests. Contractors must be diligent in seeking permissions, documenting rights, and marking data appropriately to avoid forfeiting rights. Common pitfalls include failing to request permission, improper marking, or misunderstanding when Alternate IV applies.