27.405-1
Special works
FAR 27.405-1 requires careful use and tailoring of the Rights in Data-Special Works clause to protect Government interests and manage data rights, copyright, and liability in contracts for special works.
Overview
FAR 27.405-1 addresses the use of the clause at 52.227-17, Rights in Data-Special Works, in contracts primarily for the production or compilation of data for the Government’s use. This section outlines when and how this clause should be applied, particularly in contracts involving audiovisual works, agency histories, surveys, instructional materials, compilations, investigatory reports, and certain software. It also provides guidance on specifying data use conditions, copyright assignment, indemnification, and modifications for works intended for public distribution.
Key Rules
- Use of 52.227-17 Clause
- Required in contracts for producing or compiling data for Government use, especially when distribution/use needs to be limited or indemnity is needed.
- Examples of Special Works
- Includes audiovisual works, agency histories, surveys, instructional materials, compilations, investigatory reports, and sensitive software.
- Specifying Data Use Conditions
- Contracts may define how, when, and under what conditions data can be used, released, or reproduced beyond contract performance.
- Copyright Assignment
- The requirement for copyright assignment to the Government can be deleted if not necessary for contract objectives.
- Indemnification
- The indemnification requirement can be deleted or limited if the contracting officer determines liability is unlikely.
- Modification for Public Purpose
- Agencies may modify the clause for works produced for public distribution to balance agency needs and creators’ rights.
Responsibilities
- Contracting Officers: Determine applicability of the clause, specify data use conditions, assess need for copyright assignment and indemnification, and modify clauses as needed for public works.
- Contractors: Comply with data rights, use, and indemnification requirements as specified in the contract.
- Agencies: Ensure contract clauses align with mission needs and legal protections.
Practical Implications
- Ensures the Government secures appropriate rights and protections for special works.
- Impacts how contractors handle data, copyright, and liability issues.
- Common pitfalls include failing to properly limit data use, omitting necessary indemnification, or not tailoring clauses for public distribution.