Rights in Data-Special Works
FAR 52.227-17 ensures the Government obtains broad rights in data produced under special works contracts, while placing strict controls and obligations on contractors regarding copyright, use, and legal liability.
Overview
FAR 52.227-17, "Rights in Data-Special Works," governs the allocation of rights in data (including technical data and software) produced or delivered under government contracts for special works. It establishes that the Government generally receives unlimited rights in all data first produced or delivered under the contract, with specific provisions for copyright, use, and release restrictions. Contractors may only assert copyright in such data with prior written permission from the Contracting Officer, and must provide appropriate copyright notices and acknowledgments if granted. The clause also restricts the use, release, or publication of data without written Government approval and requires contractors to indemnify the Government against certain legal claims related to the data, such as copyright or privacy violations. The clause outlines procedures for incorporating pre-existing copyrighted data and details the Government's rights to direct copyright assignment if necessary.
Key Rules
- Government Unlimited Rights
- The Government receives unlimited rights in all data delivered or first produced under the contract, unless otherwise specified.
- Copyright Assertion and Assignment
- Contractors may not assert copyright in data first produced under the contract without written permission; if granted, they must provide proper notices and a license to the Government.
- Use and Release Restrictions
- Contractors cannot use, release, or publish data first produced under the contract without written permission from the Contracting Officer.
- Indemnification
- Contractors must indemnify the Government against legal claims arising from the data, provided the Government notifies the contractor and allows participation in the defense.
- Incorporation of Pre-existing Data
- Contractors must obtain permission and grant the Government a license if incorporating pre-existing copyrighted data into deliverables.
Responsibilities
- Contracting Officers: Must grant or deny permission for copyright assertion, direct copyright assignment if needed, and approve any use or release of data.
- Contractors: Must seek written permission for copyright assertion and data use/release, provide proper notices, obtain necessary licenses for pre-existing data, and indemnify the Government as required.
- Agencies: Oversee compliance and ensure proper rights are secured for Government use.
Practical Implications
- This clause ensures the Government can freely use, reproduce, and distribute data produced under special works contracts, protecting public interest and operational needs.
- Contractors must be diligent in seeking permissions, managing copyrights, and handling third-party data to avoid legal and compliance issues.
- Common pitfalls include unauthorized copyright assertions, improper use of pre-existing data, and failure to indemnify the Government as required.