FAR 27.405—Other data rights provisions.

Special works.

FAR 27.405-1 explains when the Government should use the special-purpose data rights clause at 52.227-17, Rights in Data—Special Works, and how that clause may be tailored. This section covers contracts primarily for producing or compiling data for the Government’s own use, as well as situations where the Government needs to restrict distribution and use of the data or obtain indemnity for liabilities tied to the data’s content, performance, or disclosure. It gives concrete examples of covered work, including audiovisual works, motion pictures, television recordings, scripts, musical compositions, sound tracks, agency histories, surveys, instructional materials, reports and studies, privacy-sensitive compilations, investigatory reports, early-release-sensitive data, and certain computer software programs. The section also addresses contract-specific limits on use, release, and reproduction; possible deletion of the Government’s copyright-assignment right; possible deletion or narrowing of the contractor’s indemnity obligation; and special tailoring when the work is being produced for public dissemination rather than internal Government use. In practice, this section is about matching the rights clause to the mission and the risk profile of the work, so the Government gets the access and protections it needs without overreaching where free speech, artistic license, or unnecessary copyright assignment concerns are present.

Existing works.

FAR 27.405-2 explains when the Government should use the clause at 52.227-18, Rights in Data-Existing Works, and what kinds of acquisitions it covers. This section is limited to contracts for buying existing works in their current form, such as motion pictures, television recordings, sound recordings, musical, dramatic, literary, pictorial, graphic, sculptural, pantomime, choreographic, and similar works. It also recognizes that the contract may impose use restrictions tied to the Government’s purpose for buying the work, including limits on exhibition or transmission, the time period for use, the audience, and the geographic area. The section’s practical purpose is to distinguish a true purchase of finished creative works from a procurement that involves modifying those works, because the latter is handled under FAR 27.405-1 instead. In practice, this matters because the clause selection affects the Government’s rights, the contractor’s retained rights, and the allowable restrictions on use. Contracting officers must therefore identify whether the requirement is for an existing work as-is or for a work that will be edited, translated, or otherwise altered before delivery.

Commercial computer software.

FAR 27.405-3 addresses how the Government acquires commercial computer software and what must be done when the software is bought outside GSA Multiple Award Schedule contracts. It explains that the contract must specifically state the Government’s rights to use, disclose, modify, distribute, and reproduce the software, and it ties that approach to FAR 12.212, which generally requires acquisition under the vendor’s customary commercial license unless that license conflicts with Federal law or does not meet the Government’s needs. The section also discusses when the clause at 52.227-19, Commercial Computer Software License, may be used, how to negotiate greater or lesser rights, and when unlimited rights must be expressly stated. It further requires the contract to adequately describe the software, databases, media, and documentation being acquired. In addition, it warns contracting officers to scrutinize vendor standard lease, license, or purchase agreements, ensure they do not conflict with the contract, and make the contract terms control over vendor terms. Finally, it provides a special rule for subcontractor-provided restricted computer software acquired under a prime contract containing 52.227-14 with Alternate III, allowing the contracting officer to approve collateral agreements that add to or limit restricted rights. In practice, this section is about making sure the Government’s software rights are clear, enforceable, and aligned with both commercial licensing practices and Federal requirements.

Other existing data.

FAR 27.405-4 explains when the data-rights clauses in FAR Subpart 27.4 do not need to be included because the Government is buying only existing data, not developing new technical data rights. It covers three main situations: contracts solely for books, periodicals, and other printed items in the exact form they will be delivered; other contracts that require only existing data (other than limited rights data) and where the data are available without disclosure prohibitions; and contracts substantially for on-line database services offered to the public in the same form. The section also addresses the special case where reproduction rights are being acquired, requiring those rights to be stated specifically in the contract. In practice, this provision helps contracting officers avoid inserting unnecessary data-rights clauses into straightforward purchases while still protecting the Government’s interests when it needs copying or reproduction rights. It is a narrow exception rule, so the key is determining whether the acquisition is truly limited to existing, publicly available data or standard public database services, and whether any reproduction rights must be expressly negotiated and written into the contract.