FAR 52.227-17 - Rights in Data - Special Works
Prescribed in 27.409(e) | ||
Effective Date: | 1 December 2007 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | 52.227-17 - Rights in Data - Special Works | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Fixed Price Service; Cost Reimbursement Research and Development; Fixed Price Research and Development; Cost Reimbursement Supply; Fixed Price Supply; Cost Reimbursement Service; Time and Materials/Labor Hour; Communication Services; Simplified Acquisition Procedures; | |
Optional: | Fixed Price Construction; Cost Reimbursement Construction; Leasing of Motor Vehicles; Dismantling, Demolition, or Removal of Improvements; Architect-Engineering; Facilities; Indefinite Delivery; Utility Services; | |
Subject: | ||
ProcurementType: | ||
Contract Threshold: | ||
Prescription Overview: | ||
Clause Overview: |
(a) DefinitionsAs 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
(c) Copyright
(d) Release and Use RestrictionsExcept 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) IndemnityThe 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. | |
Important Notes/Requirements: | ||
Subcontract Threshold: | ||
Incorporated by Reference: | Yes | |
Uniform Contract Format: | I | |
Editor: | Marshall |
Personal notes.