FAR 52.227-17—Rights in Data-Special Works.
Plain-English Summary
FAR 52.227-17, Rights in Data—Special Works, governs ownership, copyright, use, and disclosure rights in data that are first produced under a contract, as well as data delivered under the contract and certain incorporated third-party data. It defines key terms such as “data” and “unlimited rights,” then allocates the Government’s rights and the contractor’s limited copyright rights in special works. The clause also addresses when the contractor may assert copyright, when the contracting officer may require assignment of copyright to the Government, and how the contractor must handle preexisting copyrighted material incorporated into deliverables. In addition, it imposes release and use restrictions on data first produced under the contract unless the contracting officer gives written permission, and it includes an indemnity provision for claims involving trade secrets, copyright, privacy/publicity rights, libel, or other unlawful matter. In practice, this clause is important because it determines whether the Government can freely use and share the work product, whether the contractor can publish or register copyright, and how both parties manage legal risk when the deliverable includes protected or third-party content.
Key Rules
Data definition is broad
“Data” includes recorded information in any form or medium, including technical data and computer software. It excludes information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
Government gets unlimited rights
The Government receives unlimited rights in all data delivered under the contract and all data first produced in performance of the contract, except where the clause specifically limits those rights. Unlimited rights allow the Government to use, disclose, reproduce, modify, distribute, perform, and display the data for any purpose and to authorize others to do the same.
Copyright in new data is controlled
The contractor may not assert copyright in data first produced under the contract without prior written permission from the contracting officer. If permission is granted, the contractor must place the required copyright notice and Government sponsorship acknowledgment on the data when delivered, published, or registered.
Government may require copyright assignment
If the Government wants to obtain copyright in data first produced under the contract and permission to let the contractor retain copyright was not granted, the contracting officer may direct the contractor to assign the copyright to the Government or its designated assignee.
Third-party copyrighted data needs permission
The contractor may not incorporate data not first produced under the contract that bears a copyright notice unless it identifies the material and obtains, or secures for the Government, a license with the same scope as the Government’s license for newly produced data.
Release and use are restricted
Unless the contract specifically says otherwise, the contractor may not use, release, reproduce, distribute, or publish data first produced under the contract, or authorize others to do so, without written permission from the contracting officer.
Indemnity protects the Government
The contractor must indemnify the Government and its personnel against liability arising from violations of trade secrets, copyrights, privacy/publicity rights, libel, or other unlawful matter in furnished data, subject to notice, defense participation, and settlement-consent conditions, and excluding Government-furnished material incorporated into the data.
Responsibilities
Contracting Officer
Determine whether the contractor may assert copyright in data first produced under the contract, issue written permission when appropriate, and direct assignment of copyright to the Government when the Government wants ownership. The contracting officer also controls any permission for release, use, reproduction, distribution, or publication of covered data and should ensure the contract clearly addresses any special rights or restrictions.
Contractor
Treat data first produced under the contract as subject to the Government’s unlimited rights unless the clause allows otherwise, seek prior written permission before asserting copyright, apply required copyright notices and Government sponsorship acknowledgments, avoid incorporating third-party copyrighted material without permission or a proper license, and refrain from releasing or publishing covered data without written approval. The contractor must also provide indemnity for covered claims, subject to the clause’s conditions.
Government
Receive and exercise unlimited rights in covered data, decide whether to permit contractor copyright assertions or require assignment, and protect its interests by enforcing release restrictions and seeking indemnity when claims arise. The Government must also provide timely notice of claims, allow contractor participation in the defense where required, and obtain contractor consent before settling claims except as required by final court decree.
Third-party rights holders
Not directly bound by the clause, but their copyrighted works may not be incorporated into deliverables without proper identification and licensing. Their rights are relevant because the contractor must secure the Government’s needed license or obtain written permission before inclusion.
Practical Implications
This clause gives the Government very broad reuse rights in special works, so contractors should not assume they can later publish, market, or reuse deliverables without permission.
The biggest compliance risk is mixing contractor-created work with preexisting or third-party copyrighted material; if it is not first produced under the contract, it must be identified and properly licensed.
Contractors that want to retain copyright must get written contracting officer approval before asserting it, and they must use the required notice and Government sponsorship language.
The release restriction is strict: even if the contractor created the material, it generally cannot disclose or publish it without written permission unless the contract says otherwise.
The indemnity clause can create significant exposure for contractors if deliverables contain infringing, defamatory, or privacy-violating content, so contractors should review content carefully before delivery and keep records of permissions and licenses.
Official Regulatory Text
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 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 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)