PATENTS, DATA AND COPYRIGHTS

nor authorize others so to do without permission of the Contracting Officer.

shall indemnify, and its officers,

(i) Indemnity. The Contractor save and hold harmless, the Government, agents, and employees, acting within the scope of their official duties, and on behalf of the Government, against any liability, including costs and expenses for (i) the violation of proprietary rights, copyright, or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use cr disposition of any data furnished under this contract; and (ii) any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply to material furnished to the Contractor by the Government and incorporated in subject data.

9.203-6 Rights in Data-Potentially Hazardous Items.

(a) When procuring items designated in accordance with 1.351 as potentially hazardous, the policies and instructions set forth in this paragraph shall prevail cver all other policies and instructions contained in this Subpart 2. The term "items" as used herein includes components of items.

(b) The "Rights in Data-General" clause, in addition to the clause of 1.351 (c) (ii), set forth in 9.203-3 shall be included in the contract calling for such items and the following clause shall also be made a Fart of the contract.

RIGHTS IN DATA-POTENTIALLY HAZARDOUS ITEMS

(JANUARY 1977)

contract

(a) Paragraph (e) of the "Rights in Data-General" clause of this shall not apply to, and therefore there shall be no withholding of, data identified in the contract as being required to be delivered for items or components of items which are designated as being potentially hazardous.

(b) In the event any of the identified and required data for potentially hazardous items qualifies as protectible data under the definition of (a) (4) of the "Rights in Data-General" clause of this contract, and the Contractor desires to continue protection of such data he shall affix the "Limited Rights" notice set forth in 9.203-3 (b).

9.203-7 Rights to Proposal Data (Technical).

CFR TITLE 41 CHAPTER 18

DATA AND COPYRIGHTS

(a) The following clause shall be included in all contracts resulting from a solicited or unsolicited proposal. This clause shall not be expanded to cover rights to commercial and financial information contained in a successful proposal, which information shall remain under the policy 1.304-2 (d) (1).

RIGHTS TO PROPOSAL

DATA (TECHNICAL)
(NOVEMBER 1977)

Except for technical data contained on pages it is agreed that as a condition of the award of this contract, a nd notwithstanding the conditions of any rctice appearing there or, the Government shall have the right to use, duplicate, and disclose and have others so do for any purpose whatsoever, the technical data contained in the proposal upon which this contract is based. Any exclusion of technical data under the above exception is not dispositive of its protectible status under law.

(b) In the event NASA has a need to use for contract administration purposes technical data excluded from the clause in (a), above, such use may be obtained by adding the following provisions to the clause in (a), above:

Technical data on pages shall be subject to the "Limited Rights" notice provided in NASA PR 9.203-3 (b), which the Government shall affix to the proposal.

9.203-8 Contracts with Foreign Sources to be Ferformed outside the United States.

(a) Except as otherwise provided in 9.203-5 and 9.203-9, 10, 11, in contracts with foreign sources whereunder the work is to be performed outside the United States, it possessions, and Puerto Rico, insert the following clause when the United States Government is to acquire unlimited rights in all data, including | reports, drawings, and blueprints, and all computer software, specified to be delivered to the Government.

The

RIGHTS IN DATA-FOREIGN (NOVEMBER 1977)

United States Government may use, duplicate, and disclose, in any manner and for any purpose and have cthers So do, all data, including repcrts, drawings, |

NASA PROCUREMENT REGULATION

PATENTS, DATA AND COPYRIGHTS

blueprints, and computer software, which are specified to be or which are in fact delivered pursuant to this contract.

(b) Where, however, the same rights are to be cbtained as would be obtained in contracting with United States firms the clause of 9.203-3 or 9.203-4, cr both, as appropriate, shall be included in the contract. The clause or clauses may be modified after consultation with patent counsel, to meet the requirements necessary for and peculiar to a foreign country, provided such modifications are in basic agreement with the policies set forth in 9.202-2.

9.203-9 Contracts for Purchase of Existing Books and Similar Items.

Notwithstanding the instructions of any other paragraph of this Subpart, no contract clause contained in this Subpart need be included in contracts for the separate, sole procurement of data, other than motion pictures or computer software, in the exact form in which such material exists prior to the initiation of a request for purchase (such as the off-the-shelf purchases of existing products) unless the right to reproduce such data is an objective of the contract.

9.203-10 Contracts for Purchase of Existing Motion Fictures or Television Recordings.

(a) The following clause shall be used in contracts exclusively for the procurement of existing motion pictures or television recordings. The Schedule of the contract may set forth limitations consistent with the purposes for which the material covered by the contract is being procured. Examples of these limitations are (i) means of exhibition or transmission, (ii) time, (iii) type of audience, and (iv) geographical location. Paragraph (b) of the clause should be modified after consultation with patent counsel, to make the indemnity coextensive with the rights acquired under paragraph (a) of the clause as limited by the Schedule of the

contract.

RIGHTS IN DATA-EXISTING WORKS
(JANUARY 1977)

(a) Except as otherwise provided in the Schedule of this contract, the Contractor hereby grants to the Government a royalty-free, nonexclusive, irrevocable license to distribute, perform, use, and exhibit the material called for under

this contract

for

CFR TITLE 41 CHAPTER 18

DATA AND COPYRIGHTS

Governmental purposes throughout authorize cthers to do so.

the world, and to

(b) The Contractor shall indemnify, and save and hold harmless the Government, its officers and employees, acting within the scope of their official duties, and on behalf of the Government, against any liability, including costs and expenses for (i) the violation of proprietary rights, copyright, or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition cf any data furnished under this contract; (ii) any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply to material furnished to the Contractor by the Government and incorporated in subject data.

(b) In contracts which call for modification of existing motion pictures or television recordings through editing, translation, or addition of subject matter, the clause in 9.203-5 shall be used to specify the rights of the modification or additional subject matter.

9.203-11 Contracts for the Purchase or Lease of Existing Computer Software.

When purchasing or leasing existing computer software directly, rather than from a Federal Supply Schedule contract, it is important that the contract adequately describe the computer program or the computer data tase, the form (tape, punch cards, disk packs) of the program to be delivered, and all the necessary documentation pertaining thereto. The contract should also specify the rights of the Government and any limitations on the right of the Government to use, disclose or copy the computer software, such as the l physical location, number of uses, or cther conditions under which the computer software may be utilized. The provisions of 9.203-3 (c) should be used as a guide to assure that the Government obtains the necessary ninimum rights to the purchased or leased computer software. The contracting officer shall consult with local patent sounsel in drafting such rights provisions tor these contracts.

NASA PROCUREMENT REGULATION