[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1260.30]



[Page 288]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1260_GRANTS AND COOPERATIVE AGREEMENTS--Table of Contents

 

                            Subpart A_General

 

Sec. 1260.30  Rights in data.



(The grant officer may revise the language under this provision to 

modify each party's rights based on the particular circumstances of the 

program and/or the recipient's need to protect specific proprietary 

information. Any modification to the standard language set forth under 

the provision requires the concurrence of the Center's Patent Counsel 

and that the provision be printed in full text.)



                             Rights in Data



                               August 2005



    (a) Fully Funded Efforts. (1) ``Data'' means recorded information, 

regardless of form, the media on which it may be recorded, or the method 

of recording, created under the grant or cooperative agreement. The term 

includes, but is not limited to, data of a scientific or technical 

nature, and any copyrightable work, including computer software and 

documentation thereof, in which the recipient asserts copyright, or for 

which copyright ownership was purchased, under the grant or cooperative 

agreement.

    (2) The Recipient grants to the Federal Government, a royalty-free, 

nonexclusive and irrevocable license to use, reproduce, distribute 

(including distribution by transmission) to the public, perform 

publicly, prepare derivative works, and display publicly, data in whole 

or in part and in any manner for Federal purposes and to have or permit 

others to do so for Federal purposes only.

    (3) In order that the Federal Government may exercise its license 

rights in data, the Federal Government, upon request to the Recipient, 

shall have the right to review and/or obtain delivery of data resulting 

from the performance of work under this grant, and authorize others to 

receive data to use for Federal purposes.

    (b) Cost Sharing and/or Matching Efforts. When the Recipient cost 

shares with the Government on the effort, the following paragraph 

applies:

    ``(1) In the event data first produced by Recipient in carrying out 

Recipient's responsibilities under an agreement is furnished to NASA, 

and Recipient considers such data to embody trade secrets or to comprise 

commercial or financial information which is privileged or confidential, 

and such data is so identified with a suitable notice or legend, the 

data will be maintained in confidence and disclosed and used by the 

Government and its Contractors (under suitable protective conditions) 

only for experimental, evaluation, research and development purposes, by 

or on behalf of the Government for an agreed to period of time, and 

thereafter for Federal purposes as defined in Sec. 1260.30(a)(2).''

    (c) For Cooperative Agreements the following paragraph applies:

    ``(1) As to data first produced by NASA in carrying out NASA's 

responsibilities under a cooperative agreement and which data would 

embody trade secrets or would comprise commercial or financial 

information that is privileged or confidential if it has been obtained 

from the Recipient, such data will be marked with an appropriate legend 

and maintained in confidence for 5 years (unless a shorter period has 

been agreed to between the Government and Recipient) after development 

of the information, with the express understanding that during the 

aforesaid period such data may be disclosed and used (under suitable 

protective conditions) by or on behalf of the Government for Government 

purposes only, and thereafter for any purpose whatsoever without 

restriction on disclosure and use. Recipient agrees not to disclose such 

data to any third party without NASA's written approval until the 

aforementioned restricted period expires.''



                           [End of provision]



[65 FR 62900, Oct. 19, 2000, as amended at 70 FR 46079, Aug. 9, 2005]