52.227-17 Rights in Data-Special Works
Source: FAR 52.227-17 on acquisition.gov
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.
As prescribed in 27.409(e), insert the following clause:
Rights in Data-Special Works (Dec 2007)
(a) Definitions. As used in this clause-
Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.
(b) Allocation of Rights.
(1) The Government shall have-
(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause.
(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause.
(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.
(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.
(c) Copyright-
(1) Data first produced in the performance of this contract.
(i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section401&num=0&edition=prelim" target="_blank">17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.
(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section401&num=0&edition=prelim" target="_blank">17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.
(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.
(e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor’s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.
(End of clause)