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FAR and DFARS › FAR Part 27: Patents, Data, and Copyrights › Subpart 27.4

FAR 27.404-4 Contractor's release, publication, and use of data.

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 when agencies may restrict how contractors release, publish, or use data created under a contract. For university and college basic or applied research contracts, agencies generally cannot restrict the conduct or reporting of unclassified research, though they may restrict release of certain computer software. For other contracts, agencies may impose restrictions on the contractor's data rights only if those restrictions are expressly stated in the contract.

Applies to: Government contracts involving data produced under the contract, especially research contracts with universities or colleges

What it requires

  • Include any restrictions on the contractor's exercise of its rights in data expressly in the contract

Key terms: basic or applied research · unclassified · computer software · copyright · data first produced in the performance of the contract

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

The text

(a) In contracts for basic or applied research with universities or colleges, agencies shall not place any restrictions on the conduct of or reporting on the results of unclassified basic or applied research, except as provided in applicable U.S. statutes. However, agencies may restrict the release or disclosure of computer software that is or is intended to be developed to the point of practical application (including for agency distribution under established programs). This is not considered a restriction on the reporting of the results of basic or applied research. Agencies may also preclude a contractor from asserting copyright in any computer software for purposes of established agency distribution programs, or where required to accomplish the purpose for which the software is acquired.

(b) Except for the results of basic or applied research under contracts with universities or colleges, agencies may, to the extent provided in their FAR supplements, place limitations or restrictions on the contractor's exercise of its rights in data first produced in the performance of the contract, including a requirement to assign copyright to the Government or another party. Any of these restrictions shall be expressly included in the contract.

Sections that refer to it

  • 27.404-3 Copyrighted works.
  • 27.409 Solicitation provisions and contract clauses

← 27.404-3 Copyrighted works. · 27.404-5 Unauthorized, omitted, or incorrect markings. →

Rule changes for FAR Part 27

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

FAR 27.404-4 Contractor's release, publication, and use of data · SpendQuery