Ep. 3 - Navigating Intangible Property in Grants: Key Insights

In this episode, Jasmine Markanday breaks down a topic that often flies under the radar for grant recipients: intangible property under 2 CFR 200.315.

From ownership rules to copyright rights, research data transparency, and public access obligations this episode is packed with need-to-know insights for grant professionals managing digital or intellectual assets. Whether you're a nonprofit, university, or public agency, if your grant work includes reports, websites, or research, this one’s for you.

What You'll Learn:

• What qualifies as “intangible property” under 2 CFR 200.315.
• The rules around ownership and proper use of federally funded intangible property.
• Why “encumbering” intangible assets without approval is a compliance risk.
• Copyright guidance for grant-funded materials and what rights federal agencies retain.
• What counts as “research data” and how FOIA (Freedom of Information Act) applies.
• The distinction between protected data (drafts, trade secrets) and publicly shareable data.
• Best practices for managing public access expectations and protecting sensitive info.

Key Takeaways:

• If you acquire intangible property with federal funds, you own it but you must use it for the grant’s authorised purpose.

• You can copyright your work, but the federal government retains royalty-free, irrevocable rights to use and share it.
• Research data cited in federal rulemaking may be subject to public disclosure.
• Prepare early with clear data management plans to protect your organisation and remain compliant.
• Public access isn’t just a suggestion, it's a condition of funding. Collaborate with your funding agency to meet expectations.

Pro Tip:

Get legal and compliance teams involved early in the process especially when your grant involves publishing data or creating digital content. Planning from day one helps ensure secure and compliant handling of your intangible assets.

Connect with Us:

• Instagram: ⁠@markandayconsulting⁠

• LinkedIn: ⁠@markandayconsulting⁠

• Enjoyed the episode? Leave a review and share with your grants team!

Quote to Remember:

"You can’t sell, restrict, or repurpose grant-funded intellectual property without federal approval." — Jasmine Markanday