FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.72

DFARS 227.7203-4 License rights.

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 explains how the Government gets license rights in computer software and software documentation under a contract, including a copyright license, while the contractor or licensor keeps all rights not granted to the Government. The scope of the Government's license generally depends on whether the software was developed with Government funds or at private expense. Contractors may restrict the Government's rights in software developed at private expense, but generally cannot restrict the Government's rights in software developed exclusively with Government funds or in documentation required to be delivered.

Applies to: Contractors and licensors of computer software or computer software documentation under DoD contracts

What it requires

  • Grant or obtain an irrevocable license, including a copyright license, for the Government's rights in the software or documentation
  • Determine the source of funds used to develop the software at the lowest practicable segregable portion

Key terms: computer software · computer software documentation · copyright license · restricted rights · segregable portion

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

The text

(a) Grant of license. The Government obtains rights in computer software or computer software documentation, including a copyright license, under an irrevocable license granted or obtained by the contractor which developed the software or documentation or the licensor of the software or documentation if the development contractor is not the licensor. The contractor or licensor retains all rights in the software or documentation not granted to the Government. The scope of a computer software license is generally determined by the source of funds used to develop the software. Contractors or licensors may, with some exceptions, restrict the Government's rights to use, modify, reproduce, release, perform, display, or disclose computer software developed exclusively or partially at private expense (see 227.7203-5 (b) and (c)). They may not, without the Government's agreement (see 227.7203-5(d)), restrict the Government's rights in computer software developed exclusively with Government funds or in computer software documentation required to be delivered under a contract.

(b) Source of funds determination. The determination of the source of funds used to develop computer software should be made at the lowest practicable segregable portion of the software or documentation (e.g., a software sub-routine that performs a specific function). Contractors may assert restricted rights in a segregable portion of computer software which otherwise qualifies for restricted rights under the clause at 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.

Sections it refers to

  • 227.7203-5 Government rights.
  • 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.

← 227.7203-3 Early identification of computer software or computer software documentation to be furnished to the Government with restrictions on use, reproduction, or disclosure. · 227.7203-5 Government rights. →

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 227.7203-4 License rights · SpendQuery