DFARS 252.227-7020 Rights in Special Works
Prescribed in 227.7105-3; 227.7106(a); 227.7205(a) | |
Effective Date: | 1 June 1995 |
Clause or Provision: | Clause |
Provision or Clause Number: | S 252.227-7020 Rights in Special Works |
Principle Type And/Or Purpose of Contract: | |
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Applicable: | |
Optional: | |
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Prescription Overview: |
Prescription227.7105-3Use the clause at 252.227-7020, Rights in Special Works, in solicitations and contracts for modified existing works in lieu of the clause at 252.227-7021, Rights in Data—Existing Works. 227.7106(a) Use the clause at 252.227-7020, Rights in Special Works, in solicitations and contracts where the Government has a specific need to control the distribution of works first produced, created, or generated in the performance of a contract and required to be delivered under that contract, including controlling distribution by obtaining an assignment of copyright, or a specific need to obtain indemnity for liabilities that may arise out of the creation, delivery, use, modification, reproduction, release, performance, display, or disclosure of such works. Use the clause—
227.7205(a) Use the clause at 252.227-7020, Rights in Special Works, in solicitations and contracts where the Government has a specific need to control the distribution of computer software or computer software documentation first produced, created, or generated in the performance of a contract and required to be delivered under that contract, including controlling distribution by obtaining an assignment of copyright, or a specific need to obtain indemnity for liabilities that may arise out of the creation, delivery, use, modification, reproduction, release, performance, display, or disclosure of such software or documentation. Use the clause—
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Clause Overview: |
ClauseRIGHTS IN SPECIAL WORKS (JUN 1995)(a) ApplicabilityThis clause applies to works first created, generated, or produced and required to be delivered under this contract.
(b) DefinitionsAs used in this clause:
(c) License rights(1) The Government shall have unlimited rights in works first produced, created, or generated and required to be delivered under this contract.
“© (Year date of delivery) United States Government, as represented by the Secretary of (department). All rights reserved.” For phonorecords, the “©” marking shall be replaced by a “P”.
(d) Third party copyrighted dataThe Contractor shall not incorporate, without the written approval of the Contracting Officer, any copyrighted works in the works to be delivered under this contract unless the Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect a license of the scope identified in paragraph (c)(3) of this clause and, prior to delivery of such works—
(e) IndemnificationThe Contractor shall indemnify and save and hold harmless the Government, and its officers, agents and employees acting for the Government, against any liability, including costs and expenses, (1) for violation of proprietary rights, copyrights, or rights of privacy or publicity, arising out of the creation, delivery, use, modification, reproduction, release, performance, display, or disclosure of any works furnished under this contract, or (2) based upon any libelous or other unlawful matter contained in such works.
(f) Government-furnished informationParagraphs (d) and (e) of this clause are not applicable to information furnished to the Contractor by the Government and incorporated in the works delivered under this contract. |
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Incorporated by Reference: | Yes |
Uniform Contract Format: | |
Editor: | Marshall |
Personal notes.