FAR 52.227-14 — Rights in Data — General
This clause governs who owns and may use data, technical drawings, and computer software first produced or delivered under the contract. It is the foundation of intellectual property strategy for any contractor developing deliverables.
- Clause
- FAR 52.227-14
- Applies to
- Contracts involving development of data or software deliverables
- Flows down to subs
- Yes for data developed by subcontractors
- Primary risk
- Loss of proprietary data rights
Key takeaways
- Read the clause as incorporated in your contract — tailoring and alternates change obligations.
- Flowdown obligations are your responsibility; a noncompliant subcontractor is your problem.
- Document compliance contemporaneously; after-the-fact reconstruction rarely satisfies auditors.
- When a clause is unclear, ask the contracting officer in writing before award, not after.
What the clause requires
The government generally receives unlimited rights in data first produced in performance of the contract, unlimited rights to data required to be delivered, and more limited government purpose or restricted rights for data developed at private expense, depending on which alternate is incorporated and properly marked.
How to comply in practice
Identify what was developed at private expense before the contract starts, mark deliverables with the correct restrictive legends at time of delivery, and negotiate the appropriate alternate into the contract rather than accepting the default rights category.
Common mistakes
The most costly mistake is delivering proprietary data without the required markings, which can result in the government treating it as unlimited rights data regardless of your actual development funding source.
FAQ
What are unlimited rights?
The government may use, reproduce, and disclose the data for any purpose without restriction.
How do I protect privately funded data?
Mark it with the specific restrictive legend required by the applicable alternate before or at delivery.
Does this clause apply to software?
Related but distinct clauses, such as 52.227-19, specifically govern computer software; this clause covers technical data generally.
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