Copyright Infringement

[wvanpup]

28 USC 1498 provides that the exclusive remedy for a patent or copyright infringement by or on behalf of the Government is to sue the Government. FAR 52.227-2 is titled "Notice and Assistance Regarding Patent and Copyright Infringement." FAR 52.227-1 provides authorization and consent to infringe on a patent. Is there a comparable authorization and consent clause for copyrights?

[ji20874]

There is a small organization called CENDI (www.cendi.gov) that might be better able to answer the concern underlying your question. They have a FAQs sheet at http://www.cendi.gov/publications/04-8copyright.html, and section 5.4 of this sheet address infringement by the Government. Of course, you're talking about infringement by a Government contractor rather than the Government, and the contract clause at FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringment covers that.

But no, I'm not aware of a FAR clause that pre-authorizes a contractor to infringe on someone else's copyright.

In my contracting work involving copyrights (such as buying films for visitor center theaters), I have relied on CENDI as a good source of information.

[govt2310]

I just found this thread, and I agree with, wvanpup, it is very strange that the FAR does not seem to have a comparable clause for Copyright Infringement as it already has for Patent Infringement (FAR 52.227-1, Authorization and Consent). Why is this?

[govt2310]

I just found this thread, and I agree with, wvanpup, it is very strange that the FAR does not seem to have a comparable clause for Copyright Infringement as it already has for Patent Infringement (FAR 52.227-1, Authorization and Consent). Why is this?

I was reading FAR 52.227-14, Rights in Data - General, and found that it contains this provision that I think should cover copyright infringement:

FAR 52.227-14© Copyright, at paragraph (2) says, "Data not first produced in the performance of this contract." It states, The Contractor shall NOT, without the prior written permission of the CO, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor Identifies the data AND obtains a license for the Gov't to use the data.

In paragraph (a) of this clause, it defines "data" as "means recorded information, regardless of form or the media on which it may be recorded."

Thoughts?

[ji20874]

Even with the permission of the contracting officer, paragraph ( c )( 2 ) of the clause at FAR 52.227-14 does not cover copyright infringement -- it is not an authorization and consent for copyrights -- it is not a grant of march-in authority for copyrights. There is a difference between a copyright and a patent. Para. ( c )( 2 ) says that any data not first produced under the contract but delivered under the contract can be delivered ONLY if the contractor grants to the Government a paid-up, nonexclusive, irrevocable, woirld-wide license.

Please, if a government agency is serious about using someone else's copyrighted data in a contract, please cointact CENDI.