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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

DFARS 252.227-7021 Rights in data—existing works.

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 clause defines what counts as 'works' under the contract and requires the contractor to give the Government a nonexclusive, paid-up worldwide license to distribute, publicly perform, and publicly display the works called for, and to authorize others to do so for Government purposes. It also requires the contractor to indemnify the Government against certain liabilities, such as copyright, proprietary rights, privacy, publicity, or libel claims, arising from those works.

Applies to: Contractors furnishing 'works' (as defined in the clause) under a contract that includes this clause

What it requires

  • Grant the Government a nonexclusive, paid-up license throughout the world to distribute, publicly perform, and publicly display the works called for under the contract
  • Allow the Government to authorize others to do the same for Government purposes
  • Indemnify and hold harmless the Government and its officers, agents, and employees against specified liabilities, including costs and expenses

Key terms: works · nonexclusive, paid-up license · Government purposes · indemnify and save and hold harmless · proprietary rights, copyrights, or rights of privacy or publicity

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

The text

As prescribed at 227.7105-2(a), use the following clause:

Rights in Data—Existing Works (MAR 1979)

(a) The term works as used herein includes literary, musical, and dramatic works; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and works of a similar nature. The term does not include financial reports, cost analyses, and other information incidental to contract administration.

(b) Except as otherwise provided in this contract, the Contractor hereby grants to the Government a nonexclusive, paid-up license throughout the world (1) to distribute, perform publicly, and display publicly the works called for under this contract and (2) to authorize others to do so for Government purposes.

(c) The 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, or use, of any works furnished under this contract, or (2) based upon any libelous or other unlawful matter contained in same works.

(End of clause)

Sections it refers to

  • 227.7105-2 Acquisition of existing works without modification.

Sections that refer to it

  • 227.7105-2 Acquisition of existing works without modification.
  • 227.7105-3 Acquisition of modified existing works.

← 252.227-7020 Rights in special works. · 252.227-7022 Government rights (unlimited). →

Rule changes for DFARS Part 252

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

DFARS 252.227-7021 Rights in data—existing works · SpendQuery