Are data rights any different under special programs such as the Small Business Innovative Research (SBIR) program?
Yes. In some cases, the particular program, such as the SBIR program, includes special copyright provisions. The FAR SBIR data rights clause, 52.227-2089 permits an SBIR contractor to assert copyright ownership unless there is specific language in the contract to the contrary. If claim to copyright is made, the Government gets the same license as it receives under the FAR general data rights clause, 52.227-11 (see FAQ Section 4.3). Additional restrictions on the Governments use of SBIR Data may apply. SBIR data is data first produced by an SBIR contractor in the performance of an SBIR contract that is not generally known and that is not already available to the Government or has not been made available to others without an obligation of confidentiality. If SBIR Data delivered to the Government is marked with the SBIR Rights Notice provided in the clause, the Government may use the data for government purposes only, and cannot disclose the data outside the Government (except for use by
Related Questions
- How does the New Innovator Award program differ from other NIH programs targeting innovative research, such as the Pioneer, Transformative R01 (T-R01), and Early Independence Award programs?
- Are data rights any different under special programs such as the Small Business Innovative Research (SBIR) program?
- What is the Small Business Innovative Research (SBIR) Program?
