Contractor’s release, publication, and use of data
For university research contracts, agencies generally cannot restrict reporting of unclassified results, but may limit software release and copyright; for other contracts, any data restrictions must be explicit in the contract.
Overview
FAR 27.404-4 addresses the rules governing contractors’ rights to release, publish, and use data produced under government contracts, with a particular focus on research contracts with universities or colleges. For unclassified basic or applied research at these institutions, agencies generally cannot restrict the conduct or reporting of research results, except as required by law. However, agencies may restrict the release or disclosure of computer software developed to practical application and may prevent contractors from asserting copyright in such software for agency distribution or mission purposes. For other types of contracts (not with universities or colleges), agencies may impose additional restrictions on the contractor’s rights in data produced under the contract, including requiring copyright assignment, but these must be explicitly stated in the contract and are subject to agency-specific FAR supplements.
Key Rules
- University/College Research Contracts
- No restrictions on reporting unclassified basic/applied research results, except as required by law. Agencies may restrict software release and copyright assertion for agency distribution.
- Other Contracts
- Agencies may restrict contractor rights in data (including copyright assignment) if expressly included in the contract and allowed by agency FAR supplements.
Responsibilities
- Contracting Officers: Ensure any data restrictions or copyright assignments are clearly stated in the contract and comply with applicable statutes and FAR supplements.
- Contractors: Comply with any contractually specified restrictions on data release, software disclosure, and copyright assignment.
- Agencies: Oversee compliance and ensure restrictions are legally justified and properly documented.
Practical Implications
- This section protects academic freedom in university research contracts while allowing agencies to control software distribution and copyright where necessary. Contractors must carefully review contract terms for any data or copyright restrictions, as failure to comply can lead to disputes or loss of rights.