FAR Part 36 A&E Contracts - who owns the designs/intellectual property

On 5/23/2024 at 10:45 AM, LindaF said:

Hello - bit confused here about the intellectual property rights in A&E contracts in Part 36.

Are you working for or representing the government contracting agency or are you a non-government, A/E contractor/prospective A/E contractor?

If government, are you preparing a solicitation OR - is there an existing contract with clauses in it?

In other words, what is the specific context of your request for guidance or insights? 

On 5/23/2024 at 10:45 AM, LindaF said:

FAR 36 seems silent to it.

Correct. 

On 5/23/2024 at 10:45 AM, LindaF said:

Presumably FAR Part 27 governs re copyrights…

Yes, FAR Part 27 AND any applicable Agency supplements would provide guidance and prescriptions for clauses, as specifically applicable to the project design products. The government’s rights and/or contractor’s rights depend upon the specific circumstances.

What is your general or specific question regarding intellectual property rights for design copyrights?

What agency are you with or dealing with?

For DOD A-E  contracts or for construction contracts with contractor provided design (e.g., design-build contracts or standard construction contracts with a contractor designed building system(s)) , see DFARS 227-7107  “Architectural designs and data clauses for architect-engineer or construction contracts” paragraphs .(a), (b) and (c). This provides the prescription for contract clauses regarding non-exclusive (a) or exclusive (b) Government rights to the data pertaining to the design and the design-products.

A clause pertaining to the government’s rights to shop drawings (including any design furnished) is prescribed in (c).

The clauses are:

252-227-7022 Government Rights Unlimited 

252-227-7023 Drawings and Other Data to Become Property of the Government 

252-227-7033  Rights in Shop Drawings