52.227-17 Rights in Data-Special Works.

As prescribed in 27.409(e), insert the following clause:

Rights in Data-Special Works (Dec 2007)

(a) Definitions. As used in this clauseData 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)

Parent topic: 52.227 [Reserved]