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  • Question

    Why would these CDRLs not be listed under the references for Government Documents seeing that the USG is the owner (or approver?) of the CDRLs?


    Answer

    As explained by the requestor during a telephone interchange, we undertstand that the basic premise of the question relates to data rights.  Further, the Distribution D CDRLs referenced by the requestor refer to contract deliverables authorized for release to U.S. Government Agencies and their contractors.  Data Rights is a very complex topic, and the originator should consult with organizational legal counsel for a more detailed explanation as this may not be the appropriate forum to provide legal advice.  A link to a Defense Information Systems Agency (DISA) website is below which provides many details on the topic of Data Rights.  The link on DISA’s website linked to Defense Acquisition University’s newest webpage is incorrect.  An updated link to CLE 068, Intellectual Property and Data Rights Continuous Learning Module (referenced on the DISA website) is also provided below should the question originator wish to further research this topic.

     

    http://disa.mil/about/legal-and-regulatory/datarights-ip/datarights

     

    http://icatalog.dau.mil/onlinecatalog/courses.aspx?crs_id=1911

     

    “Belong” isn’t really a data rights word.  The generating contractor will typically retain “title” to their work. (They “own” it and may assert copyright).

     

    The government has “rights” to delivered data. If the data is delivered with unlimited rights, the government may use the data however the government chooses. (But the government does not usually “own” the data – we just have unlimited rights to use it). 

     

    The contractor may assert their copyright on unlimited rights data (i.e. ©2017 Boeing), but may not mark it “All rights reserved”. (NOT ©2017 Boeing, All rights reserved.) This is because they have granted the government the right to use their work, copy and distribute it, etc.

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