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

DFARS 227.7203-9 Copyright.

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 copyright licenses for non-commercial computer software and documentation are handled under certain DFARS clauses. It tells contracting parties that when non-standard license rights are negotiated, the copyright license must be negotiated at the same time, and it sets minimum floors for those licenses. It also restricts incorporating third-party copyrighted software into deliverables unless the contractor has obtained an appropriate Government license or written contracting officer approval.

Applies to: Contractors and contracting officers dealing with non-commercial computer software, computer software documentation, and technical data under the cited DFARS clauses

What it requires

  • Negotiate the extent of the copyright license concurrent with negotiations for the data rights license when non-standard license rights will be negotiated.
  • Do not negotiate copyright licenses for computer software that provide less rights than the standard restricted rights in computer software license.
  • For computer software documentation, do not negotiate a copyright license that provides less rights than the standard limited rights in technical data license.
  • Do not incorporate a third party's copyrighted software into a deliverable software item unless the contractor has obtained an appropriate license for the Government (and, when applicable, others acting on the Government's behalf) or has obtained the contracting officer's written approval.

Key terms: copyright license · restricted rights in computer software license · limited rights in technical data license · third-party copyrighted software · SBIR/STTR data

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

The text

(a) Copyright license. (1) The clauses at 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, and 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program, require a contractor to grant, or obtain for the Government license rights which permit the Government to reproduce the software or documentation, distribute copies, perform or display the software or documentation and, through the right to modify data, prepare derivative works. The extent to which the Government, and others acting on its behalf, may exercise these rights varies for each of the standard data rights licenses obtained under the clause. When non-standard license rights in computer software or computer software documentation will be negotiated, negotiate the extent of the copyright license concurrent with negotiations for the data rights license. Do not negotiate copyright licenses for computer software that provide less rights than the standard restricted rights in computer software license. For computer software documentation, do not negotiate a copyright license that provides less rights than the standard limited rights in technical data license.

(2) The clauses at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, and 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program, do not permit a contractor to incorporate a third party's copyrighted software into a deliverable software item unless the contractor has obtained an appropriate license for the Government and, when applicable, others acting on the Government's behalf, or has obtained the contracting officer's written approval to do so. Grant approval to use third-party copyrighted software in which the Government will not receive a copyright license only when the Government's requirements cannot be satisfied without the third-party material or when the use of the third-party material will result in cost savings to the Government which outweigh the lack of a copyright license.

(b) Copyright considerations—special works. See 227.7205 for copyright considerations when acquiring special works that are not SBIR/STTR data.

Sections it refers to

  • 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
  • 252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program.
  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
  • 227.7205 Contracts for special works.

Sections that refer to it

← 227.7203-8 Deferred delivery and deferred ordering of computer software and computer software documentation. · 227.7203-10 Contractor identification and marking of computer software or computer software documentation to be furnished with restrictive markings. →

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 227.7203-9 Copyright · SpendQuery