FAR 27.404-1—Unlimited rights data.
Plain-English Summary
FAR 27.404-1 explains when the Government receives unlimited rights in technical data under a federal contract. It covers four main categories: data first produced in performance of the contract, form/fit/function data, manuals and instructional or training material for installation, operation, and routine maintenance and repair, and all other delivered data except limited rights data and restricted computer software. The section also makes clear that copyrighted works are treated separately under FAR 27.404-3, and that minor modifications to limited rights data or restricted computer software do not automatically become unlimited-rights data. In practice, this rule is a core part of the Government’s data-rights framework because it determines whether the Government can use, disclose, reproduce, or authorize others to use delivered data without restriction. Contractors need to identify and protect any data they intend to deliver with limited rights or restricted rights, while contracting officers need to ensure the contract and delivery process reflect the correct data-rights treatment.
Key Rules
Data first produced is unlimited
The Government gets unlimited rights in data first produced in performance of the contract. The main exception is when the new data are only minor modifications to data already protected as limited rights data or restricted computer software.
Form, fit, and function data
Any delivered data that describe the form, fit, and function of an item are unlimited-rights data. This allows the Government to understand how the item is built, interfaces, and performs without restriction on use or disclosure.
Manuals and training materials
Manuals and instructional or training materials for installation, operation, routine maintenance, and repair are unlimited-rights data when delivered under the contract. The rule applies even if the materials relate to items, components, or processes furnished for Government use, except where restricted computer software is included.
Residual delivered data rule
All other data delivered under the contract are unlimited-rights data unless they qualify as limited rights data or restricted computer software. This is the catch-all rule that gives the Government broad rights in delivered data by default.
Copyrighted works are separate
Copyrighted works are excluded from this rule and are handled under FAR 27.404-3. A contractor cannot assume copyright alone prevents the Government from obtaining unlimited rights if another FAR provision applies, but copyright treatment must be addressed separately.
Limited rights and restricted software exceptions
The unlimited-rights rule does not override properly asserted limited rights data or restricted computer software. Contractors must identify and mark protected data correctly, or the Government may receive broader rights in the delivered material.
Responsibilities
Contracting Officer
Ensure the contract identifies the applicable data-rights framework and that delivered data are treated consistently with FAR Part 27. Review asserted restrictions, resolve disputes over markings or rights, and make sure the Government’s rights are not understated in the contract administration process.
Contractor
Determine which data are first produced, form/fit/function data, manuals or training materials, or other delivered data subject to unlimited rights. Properly identify and mark any limited rights data, restricted computer software, or copyrighted works, and avoid delivering protected material without the required notices or assertions.
Agency/Program Office
Define data needs early, especially for technical manuals, interface data, and deliverables that will be used for sustainment, competition, or follow-on procurement. Coordinate with the contracting officer to ensure the Government receives the rights needed for operation, maintenance, and future support.
Legal/Policy Support Staff
Advise on the interaction between FAR Part 27, copyright, and any special data-rights clauses. Help evaluate whether a deliverable falls into an unlimited-rights category or whether an exception applies.
Practical Implications
This section gives the Government broad reuse and disclosure rights in most delivered data, so contractors should not assume that anything they hand over remains proprietary by default.
The biggest pitfall is failing to properly identify and mark limited rights data or restricted computer software before delivery; once delivered, the Government may argue it received unlimited rights.
Form, fit, and function data and maintenance manuals are especially important in sustainment and competition, because they let the Government support, repair, and reprocure items without depending on the original contractor.
Copyright does not automatically control the Government’s rights under this section; contractors must analyze both copyright and FAR data-rights rules.
Contracting officers should verify that deliverables, data markings, and contract language align, because mismatches often lead to disputes over whether the Government can share data with other contractors or use it in future procurements.
Official Regulatory Text
The Government acquires unlimited rights in the following data except for copyrighted works as provided in 27.404-3 : (a) Data first produced in the performance of a contract (except to the extent the data constitute minor modifications to data that are limited rights data or restricted computer software). (b) Form, fit, and function data delivered under contract. (c) Data (except as may be included with restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under a contract. (d) All other data delivered under the contract other than limited rights data or restricted computer software (see 27.404-2 ).