Secret government programs9/3/2023 ![]() ![]() If the Government acquires a data rights license, who owns the copyright in technical data and computer software?Ĭontractors generally retain copyright ownership of the noncommercial technical data and noncommercial computer software that they develop and deliver under DoD contracts, although they may agree under terms negotiated by the parties to assign the copyright to the Government.ģ. “Computer software” includes executable code, source code, code listings, design details, processes, flow charts, and related material that would enable the software to be reproduced, recreated or recompiled, but excludes computer databases or computer software documentation.Ģ. “Technical data (TD)” includes any recorded information of a scientific or technical nature (e.g., product design or maintenance data, computer databases, and computer software documentation). The Federal Acquisition Regulations (FAR) prescribe policies, procedures and clauses pertaining to data rights for civilian agencies and the Defense Federal Acquisition Regulations (DFARS) for DoD. ![]() “Data rights” refer to the Government’s nonexclusive license rights in two categories of valuable intellectual property, “technical data” and “computer software” delivered by contractors under civilian agency and DoD contracts. Does the receipt of confidential and proprietary information present problems for program managers and contracting officers during the acquisition process?.Are there steps that program managers and contracting officers should take when drafting and negotiating contracts to identify and resolve data and data rights issues prior to contract award?.Are there broad principles to consider when acquiring licensing rights?.Is it possible for the Government and the contractor to modify the standard licensing rights granted to the Government?.What are the relevant data rights clauses to include in solicitations and government contracts to ensure that the agency obtains the appropriate licensing rights?.What are some of the relevant DFARS provisions governing data rights?.What is the scope of these licensing rights?.What license rights does the Government obtain in technical data and computer software developed under a government contract?.If the Government acquires a data rights license, who owns the copyright in technical data and computer software?. ![]()
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