Can a Contractor Be Forced to Transfer Its Copyright to the Government?
Yes. Under the FAR special works data rights clause, 52.227-17,95 in addition to requiring the Contracting Officer’s written permission before a contractor may assert copyright ownership in material first produced under the contract, the Contracting Officer may instead direct the contractor to assign the copyright to the Government. Additionally, in accordance with FAR Section 27.404(g)(3)96, agencies may, to the extent provided in their FAR supplements, place limitations or restrictions on the contractor’s right to use, release to others, reproduce, distribute, or publish any data first produced in the performance of the contract, including a requirement to assign copyright to the Government. Thus, Agency FAR supplements (e.g., the NASA FAR Supplement at 1852.227-1497 may also direct contractors in this way. DFARS clause 252.227-702098 automatically directs the contractor to assign the copyright to the Government.
Related Questions
- If the Contractor is Allowed to Assert Copyright in a Work Produced Under a Government Contract, What Rights Does the Government Have?
- Who can transfer copyright if a paper has multiple authors including at least one U.S. Government employee?
- Can a Contractor Be Forced to Transfer Its Copyright to the Government?
