Data Rights & IP (Part 27)

FAR 52.227-14

Rights in Data—General

Establishes the baseline data-rights regime for civilian-agency contracts. By default, the Government gets unlimited rights in data first produced under the contract (Limited Rights and Restricted Rights protect contractor-funded background data). Five alternates allow tailoring. DoD uses DFARS 252.227-7013/7014 instead.

FAR / DFARS Part

FAR Part 27 — Patents, Data, and Copyrights

Prescribed By

FAR 27.409(b)(1) — Required in solicitations and contracts for experimental, developmental, research, demonstration, or special studies, where the contract may deliver data.

Flow-down to Subcontracts

Flow down required with appropriate alternates for subcontracts at all tiers (52.227-14(b)).

What this clause requires

1Government gets unlimited rights in data first produced under the contract.
2Contractor may assert Limited Rights in technical data developed exclusively at private expense.
3Contractor may assert Restricted Rights in computer software developed exclusively at private expense.
4Contractor must identify and mark restricted data; unmarked data is presumed unrestricted.
5Government may obtain Specifically Negotiated License Rights for software / data not falling neatly into other categories.
6Submission of a data deliverables list (form depends on agency) is required.

When this clause applies

Civilian-agency R&D and study contracts. DoD uses DFARS 252.227-7013 (technical data) and 252.227-7014 (computer software) instead.

Alternates

Alt IWhen the Government does not need rights in data first produced (e.g., service contracts where deliverables are administrative).

Alt IIWhen the Government needs minimum rights in technical data.

Alt IIIWhen prior research data is needed by the Government.

Alt IVWhen special license rights are negotiated for proprietary computer software.

Alt VWhen royalty reports are required.

Common pitfalls

!Failing to mark Limited Rights / Restricted Rights data correctly — unmarked data becomes unrestricted by operation of paragraph (g)(2).

!Misidentifying 'developed at private expense' — co-funded development can defeat Limited Rights claims.

!Confusing DFARS rules with FAR rules — DoD has different categories (e.g., 'Government Purpose Rights') not in FAR.

!Treating commercial software like custom software — commercial software is generally subject to its standard commercial license under 52.227-19.

Proposal-team checklist

☐Pre-identify any background data / software you will assert Limited or Restricted Rights in; list in proposal.
☐Confirm proper restrictive markings on all delivered data; train developers on the marking standards.
☐Track funding source for each data set — required to defend an Limited Rights assertion.
☐Consider negotiating Specifically Negotiated License Rights for software you want broader retention rights for.

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FAQ

Does the Government own everything I deliver?

Under the default clause, the Government gets unlimited rights in data first produced under the contract. Contractor-funded background data and software can be protected with Limited Rights / Restricted Rights legends — but the markings must be correct and the funding must be documented.

What is the difference between Limited Rights and Restricted Rights?

Limited Rights apply to technical data; Restricted Rights apply to computer software. The categories evolved historically — DFARS 252.227-7013/7014 uses different terms (Government Purpose Rights, etc.) for DoD work.

Related clauses

DFARS 252.204-7012

Cyber Incident Reporting (DoD)

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Reference content based on the Federal Acquisition Regulation and DFARS as of June 2026. Always verify the current clause text at acquisition.gov before relying on it for an actual submission. Educational reference; not legal advice.