Overview
This section prescribes policies and clauses for specialized data categories that fall outside the general data rights framework, including works created specifically for Government use ("Special Works"), unmodified creative works ("Existing Works"), commercial computer software, and off-the-shelf printed materials. It ensures the Government acquires the necessary rights—ranging from copyright assignment to standard commercial licenses—while protecting agency missions and individual privacy.
Key Rules
- Special Works (FAR 52.227-17): Used when the contract is primarily for producing data for Government use (e.g., audiovisual works, agency histories, or mission-sensitive software). This clause allows the Government to obtain copyright assignment and requires contractors to indemnify the Government against libel or privacy violations.
- Existing Works (FAR 52.227-18): Applied when purchasing unmodified creative content like motion pictures or musical scores. Usage can be restricted by time, geography, or audience type.
- Commercial Computer Software: Generally acquired under the vendor’s customary public license, provided it is consistent with Federal law. FAR 52.227-19 may be used to ensure the Government receives minimum necessary rights if the commercial license is unclear or insufficient.
- Vendor Agreement Precedence: Contracting officers must ensure vendor licenses are consistent with Federal law; in any conflict, the contract terms and FAR clauses take precedence over the vendor's standard commercial agreement.
- Exemptions for Printed/Public Data: No specific data rights clauses are required for the simple purchase of off-the-shelf books, periodicals, or standard online database services unless the Government specifically requires reproduction rights.
Practical Implications
- Contracting officers must carefully vet commercial software EULAs (End User License Agreements) to strip out terms that violate federal law, such as automatic renewals or prohibited indemnity clauses.
- When commissioning "Special Works" like training videos or investigatory reports, the Government effectively controls the copyright, preventing the contractor from selling or reusing that specific content for other clients without permission.