27.405-2 Existing works
Source: FAR 27.405-2 on acquisition.gov
Use clause 52.227-18 when acquiring existing works without modification, and clearly define any usage limitations in the contract.
Overview
FAR 27.405-2 addresses the acquisition of existing works—such as audiovisual, musical, literary, and artistic works—by the government without modification. It mandates the use of the clause at 52.227-18, Rights in Data-Existing Works, in contracts where the government is purchasing these works as-is. The regulation allows contracts to specify limitations on the use of these works, such as restrictions on exhibition, audience, time, or location, to align with the intended purpose of the acquisition. If the contract involves modifying the works (e.g., editing, translation), a different provision (see 27.405-1) applies instead.
Key Rules
- Use of Clause 52.227-18
- Required in contracts for the acquisition of existing works without modification.
- Permissible Limitations
- Contracts may include restrictions on how, when, and where the works can be used, consistent with the acquisition's purpose.
- Modification Exception
- If the contract requires modification of the works, refer to FAR 27.405-1 instead.
Responsibilities
- Contracting Officers: Must include clause 52.227-18 in applicable contracts and ensure any limitations are clearly stated.
- Contractors: Must comply with any specified limitations on use and ensure works are provided in their existing form.
- Agencies: Should oversee compliance with data rights and usage restrictions.
Practical Implications
- Ensures the government acquires rights to use existing works as needed, while respecting copyright and usage limitations.
- Contractors must be clear about the form and permitted uses of the works.
- Misclassifying a contract (e.g., requiring modification when only acquisition is intended) can lead to compliance issues.
The clause at 52.227-18, Rights in Data-Existing Works, is for use in contracts exclusively for the acquisition (without modification) of existing works such as, motion pictures, television recordings, and other audiovisual works; sound recordings; musical, dramatic, and literary works; pantomimes and choreographic works; pictorial, graphic, and sculptural works; and works of a similar nature. The contract may set forth limitations consistent with the purposes for which the works covered by the contract are being acquired. Examples of these limitations are means of exhibition or transmission, time, type of audience, and geographical location. However, if the contract requires that works of the type indicated in this paragraph are to be modified through editing, translation, or addition of subject matter, etc. (rather than purchased in existing form), then see 27.405-1.