[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1260.30]

[Page 290]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          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]