THE RIGHT BALANCE
It is also important to understand the regulations in government contract- ing that primarily deal with IP. Tey are clauses found within the Federal Acquisi- tion Regulations (FAR) and the Defense Federal Acquisition Regulations Supple- ment (DFARS). Specifically, the following:
• FAR 52.227-14 Rights in Data- General: This clause governs the rights to technical data and computer software developed or delivered under a government contract. It outlines the govern- ment’s right to use, reproduce and disclose data, which can include modifications or improvements made by the government.
• DFARS 252.227-7013 Rights in Technical Data—Noncommer- cial Items: Tis clause applies to contracts involving technical data that is not commercially available. Under this clause, the government can acquire unlimited rights, government purpose rights or limited rights, depending on the funding source and type of data.
• DFARS 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documen- tation: For technology firms dealing with custom software development, this clause outlines the government’s rights to use, modify and distribute software.
• FAR 52.227-11 Patent Rights— Ownership by the Contractor: This clause allows contractors to retain title to any invention developed during the contract, provided the government gets a non-exclusive, royalty-free license to use the invention.
Program Executive Office for Intelligence, Electronic Warfare and Sensors (PEO IEW&S) is a complex portfolio of software and hardware systems designed to deliver advanced technologies that give Soldiers
UNDERSTANDING THE TERMINOLOGY
To understand the complexities of this issue, it’s important to define the terminology involved in IP and data rights.
• IP describes information, products or services that are protected by law as intangible property, including data (e.g., technical data and computer software), technical know-how, inventions, creative works of expression and trade names.
• Data rights is a shorthand way to refer to the government’s license rights in two major categories of valuable IP: technical data and computer software.
• IP deliverables are products or services (including information prod- ucts and services) that are required to be delivered or provided to the U.S. government by contract or other legal instrument and that include or embody IP (e.g., technical data and computer software).
• IP rights are the legal rights governing IP, including ownership, as well as the license or other authorization required to engage in activities with IP (e.g., make, use, sell, import, reproduce, distribute, modify, release, disclose, perform, display or prepare derivative works of IP).
• Commercial computer software means software developed or regu- larly used for non-governmental purposes that has been sold, leased or licensed to the public or has been (or will be) offered for sale, lease or license to the public.
• Noncommercial computer software, also known as “other than commercial computer software,” means software that does not qualify as commercial computer software under the definition of “commercial computer software” listed above.
• Technical data means recorded information of a scientific or techni- cal nature (including computer software documentation), regardless of the form or method of the recording. The term does not include computer software or data; financial, administrative, cost, pricing or management information; or any other information incidental to contract administration.
• Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the soft- ware to be reproduced, recreated or recompiled. Computer software does not include computer databases or computer software docu- mentation.
• Computer software documentation includes owner’s manuals, user’s manuals, installation instructions, operating instructions and other similar items, regardless of storage medium, that explain the capa- bilities of the computer software or provide instructions for using the software. Computer software documentation rights are considered to fall under technical data, rather than computer software.
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Army AL&T Magazine
Spring 2025
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