FAR 27.404-4—Contractor’s release, publication, and use of data.
Plain-English Summary
FAR 27.404-4 addresses when the Government may limit a contractor’s release, publication, disclosure, or other use of data and computer software developed under a contract. It draws a special line for unclassified basic or applied research performed by universities and colleges, where agencies generally may not restrict the conduct of the research or reporting of results, except where another U.S. statute applies. The section also explains that agencies may still control release or disclosure of computer software that is being developed to practical application, including software distributed through agency programs, and may bar a contractor from asserting copyright in software when needed for those programs or to achieve the acquisition purpose. For other contracts, the rule allows agencies, if their FAR supplements authorize it, to limit a contractor’s rights in data first produced under the contract, including requiring assignment of copyright to the Government or another party. In practice, this section is about balancing open research, agency distribution needs, and the Government’s ability to protect or control newly created data and software through clear, express contract terms.
Key Rules
Open research is protected
For contracts for basic or applied research with universities or colleges, agencies generally may not restrict the conduct of the research or the reporting of unclassified results. The only exception is where a specific U.S. statute authorizes or requires a restriction.
Software may still be restricted
Even in university or college research contracts, agencies may restrict the release or disclosure of computer software that is being developed to the point of practical application. This includes software intended for agency distribution under established programs.
No copyright claim for some software
Agencies may prevent a contractor from asserting copyright in computer software when that is necessary for established agency distribution programs or to accomplish the purpose for which the software is acquired. This is treated as a software-use control, not as a restriction on reporting research results.
Other contracts may have data limits
For contracts other than university or college basic or applied research, agencies may place limits on the contractor’s rights in data first produced in performance of the contract, but only to the extent allowed by their FAR supplements.
Copyright assignment may be required
Agency-imposed restrictions may include a requirement that the contractor assign copyright to the Government or another party, if the applicable FAR supplement authorizes that approach.
Restrictions must be written in the contract
Any limitation or restriction on the contractor’s rights in data or software under this section must be expressly stated in the contract. Agencies cannot rely on unstated expectations or later-imposed conditions.
Responsibilities
Agency
For university or college basic or applied research contracts, avoid restricting unclassified research conduct or reporting unless a U.S. statute allows it. For software, determine whether release/disclosure limits or copyright restrictions are needed for practical application or agency distribution, and ensure any data-rights limitations are authorized by the applicable FAR supplement and expressly written into the contract.
Contracting Officer
Include any intended restrictions on data rights, software release, or copyright in the solicitation and contract language. Verify that any restriction is supported by the applicable FAR supplement and that the contract clearly identifies the scope of the limitation so the contractor knows what rights are being limited.
Contractor
Understand that university or college research contracts generally protect unclassified research reporting, but software and other data may still be subject to express restrictions. Review the contract carefully for any stated limits on disclosure, publication, copyright, or assignment obligations, and comply with those terms.
University or College Research Performer
Conduct and report unclassified basic or applied research without agency-imposed publication or reporting restrictions unless a statute applies. If the contract involves software development or agency distribution, follow any express software release, disclosure, or copyright limitations in the contract.
Legal/Policy Staff
Ensure proposed restrictions are consistent with statute, the agency’s FAR supplement, and the specific acquisition purpose. Draft clear contract clauses when copyright assignment or other data-rights limitations are intended.
Practical Implications
This section protects academic research freedom, so agencies should not casually add publication or reporting limits to university or college basic/applied research contracts.
Software is treated differently from research results: agencies can control release, disclosure, and sometimes copyright even when the underlying work is research-based.
For non-university contracts, data-rights restrictions are not automatic; they depend on agency authority in FAR supplements and must be spelled out in the contract.
A common pitfall is assuming the Government has a restriction or ownership right without an express clause. If it is not written into the contract, the restriction may not be enforceable under this section.
Contractors should check whether “data first produced” includes deliverables, technical data, or software outputs, because the contract may lawfully limit their later use or require copyright assignment.
Official Regulatory Text
(a) In contracts for basic or applied research with universities or colleges, agencies shall not place any restrictions on the conduct of or reporting on the results of unclassified basic or applied research, except as provided in applicable U.S. statutes. However, agencies may restrict the release or disclosure of computer software that is or is intended to be developed to the point of practical application (including for agency distribution under established programs). This is not considered a restriction on the reporting of the results of basic or applied research. Agencies may also preclude a contractor from asserting copyright in any computer software for purposes of established agency distribution programs, or where required to accomplish the purpose for which the software is acquired. (b) Except for the results of basic or applied research under contracts with universities or colleges, agencies may, to the extent provided in their FAR supplements, place limitations or restrictions on the contractor’s exercise of its rights in data first produced in the performance of the contract, including a requirement to assign copyright to the Government or another party. Any of these restrictions shall be expressly included in the contract.