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FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.71

DFARS 227.7105-2 Acquisition of existing works without modification.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers when to use a specific data-rights clause, 252.227-7021, instead of the standard technical data clause. It applies when a contract is exclusively for existing works acquired without modification and the Government needs certain rights or indemnity. The chosen clause gives the Government a broad license to reproduce, adapt, and publicly perform or display those works.

Applies to: Solicitations and contracts exclusively for existing works acquired without modification

Key terms: existing works · without modification · 252.227-7021 · 252.227-7013 · paid-up, non-exclusive, irrevocable, world-wide license

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Use the clause at 252.227-7021, Rights in Data—Existing Works, in lieu of the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, in solicitations and contracts exclusively for existing works when—

(1) The existing works will be acquired without modification; and

(2) The Government requires the right to reproduce, prepare derivative works, or publicly perform or display the existing works; or

(3) The Government has a specific need to obtain indemnity for liabilities that may arise out of the content, performance, use, or disclosure of such data.

(b) The clause at 252.227-7021 provides the Government, and others acting on its behalf, a paid-up, non-exclusive, irrevocable, world-wide license to reproduce, prepare derivative works and publicly perform or display the works called for by a contract and to authorize others to do so for government purposes.

(c) A contract clause is not required to acquire existing works such as books, magazines and periodicals, in any storage or retrieval medium, when the Government will not reproduce the books, magazines or periodicals, or prepare derivative works.

Sections it refers to

  • 252.227-7021 Rights in data—existing works.
  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.

Sections that refer to it

← 227.7105-1 General. · 227.7105-3 Acquisition of modified existing works. →

Rule changes for DFARS Part 227

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 227.7105-2 Acquisition of existing works without modification · SpendQuery