# 252.227-7021 Rights in data—existing works.
Type: Clause
Prescribed in: 227.7105-2(a)
Current version date: MAR 1979

## Prescription and Applicability

### DFARS Prescription, 227.7105-2(a)

(a) Use the clause at 252.227-7021 , Rights in Data-Existing Works, in lieu of the clause at 252.227-7013 , Rights in Technical Data-Other Than Commercial Products and Commercial Services, in solicitations and contracts exclusively for existing works when--
(1) The existing works will be acquired without modification; and
(2) The Government requires the right to reproduce, prepare derivative works, or publicly perform or display the existing works; or
(3) The Government has a specific need to obtain indemnity for liabilities that may arise out of the content, performance, use, or disclosure of such data.

## Current Text

252.227-7021 Rights in data—existing works.

As prescribed at 227.7105-2(a), use the following clause:

Rights in Data—Existing Works (MAR 1979)

(a) The term works as used herein includes literary, musical, and dramatic works; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and works of a similar nature. The term does not include financial reports, cost analyses, and other information incidental to contract administration.

(b) Except as otherwise provided in this contract, the Contractor hereby grants to the Government a nonexclusive, paid-up license throughout the world (1) to distribute, perform publicly, and display publicly the works called for under this contract and (2) to authorize others to do so for Government purposes.

(c) The Contractor shall indemnify and save and hold harmless the Government, and its officers, agents, and employees acting for the Government, against any liability, including costs and expenses, (1) for violation of proprietary rights, copyrights, or rights of privacy or publicity arising out of the creation, delivery, or use, of any works furnished under this contract, or (2) based upon any libelous or other unlawful matter contained in same works.

(End of clause)

[56 FR 36479, July 31, 1991, as amended at 60 FR 33504, June 28, 1994]

## Active Class Deviations Affecting This Clause

### Class Deviation 2026-O0036, DFARS RFO Implementation (Part 27)
- Status: Active
- Date Issued: 2026-02-01
- Change type: MODIFIED
- Action: Modified by RFO class deviation

## Suggested Questions

You can ask your AI assistant:
- Should I include this provision in my solicitation?
- Does this clause apply to commercial acquisitions?
- Does this clause apply to R&D contracts under Part 35?
- Which alternate should I use for a multiple-award contract?
- Are there any active Class Deviations that modify this clause?
- What changed in the most recent amendment?

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Source: https://part52.dev
Generated: 2026-04-21 17:40 UTC
Reference: https://www.ecfr.gov/current/title-48/section-252.227-7021