This course examines data rights in government contracting, with a particular emphasis on the DFARS data rights clauses. After providing an overview of the data rights clauses, the course will examine each of the major categories of data rights – unlimited rights, government purpose rights, and limited rights – in detail. The course will also provide an overview of data rights requirements specific to commercial products and commercial services, and discuss recent proposed rulemaking affecting Small Business Innovation Research Program data rights. Finally, the course will examine how data rights are validated and conclude with a summary of common problems and traps for the unwary, as well as how to avoid them.
Instructors: Peter Dungan & Adam Bartolanzo of Miles & Stockbridge