[Rdap] FW: copyright and data

Shorish, Yasmeen L - shorisyl shorisyl at jmu.edu
Wed Aug 6 17:10:06 EDT 2014


Hi Daureen,

We have explored this topic as well. Based off what you have written, it would appear that for these images, and the photos, copyright could apply. The question of the rights holder would depend if the images/photos were captured as work-for-hire or not. If not, the person who took the photo would be the rights holder. Since US government publications cannot be copyrighted, it may stand that the photographs (funded by NSF) cannot either. This may be splitting hairs, as I imagine this grant was administered by an institution, in which case the institution will probably claim copyright.

Likewise, you would want to secure the rights for the CAT scans that were provided by labs from the labs themselves. One could try to make an argument that the CAT scans are actually data and no creative spirit went into their production. This is a topic of lengthy discussion on Wikimedia Commons: http://commons.wikimedia.org/wiki/Commons:Requests_for_comment/Xrays I imagine that the lab that produced the image will probably claim some sort of IP status so, in my opinion, it’s worth negotiating the rights even if there is no legal footing to protect them.

All that said, as Amanda noted the safest route is to confer with legal and see what their approach is. I usually try to approach them with a “This is what I would like to try doing, do you see any red flags?” and see what they say.

I would love to know what other people have done in similar situations!

All the best,

Yasmeen
--
Yasmeen Shorish
Physical and Life Sciences Librarian, Asst. Professor
Rose Library 2309
James Madison University
MSC 4601
Harrisonburg, VA 22807 | 540.568.4288
http://guides.lib.jmu.edu/profile/yasmeen
ORCiD: 0000-0002-4155-8241

From: Daureen Nesdill <daureen.nesdill at utah.edu<mailto:daureen.nesdill at utah.edu>>
Reply-To: "Research Data, Access and Preservation" <rdap at asis.org<mailto:rdap at asis.org>>
Date: Wednesday, July 30, 2014 at 5:38 PM
To: "rdap at mail.asis.org<mailto:rdap at mail.asis.org>" <rdap at mail.asis.org<mailto:rdap at mail.asis.org>>
Subject: [Rdap] FW: copyright and data

Hi Amanda,
Your questions also need to be addressed – but for my scenarios:
The photos are of an inanimate object – no people pets, etc.
The CAT scans are of alligators, crocodiles and caimans – no humans. I’m actually attempting to determine if I can start a collection of these scans from across the country so threatened and endangered species do not have to be rescanned. We have scanning facilities on campus that scan zoo animals when needed for health reasons.

Daureen

From: Rinehart, Amanda K. [mailto:rinehart.64 at osu.edu]
Sent: Wednesday, July 30, 2014 12:14 PM
To: Daureen Nesdill
Subject: FW: copyright and data

Daureen,

I’m afraid I can’t answer your question, but I’d love to know what others answer. We run into this sort of thing quite a bit and haven’t yet come to a consensus on it. My additional concerns for this type of data are: 1) Is it personal health information pulled from medical files, and if so, is it subject to HIPAA? 2) It was definitely a human subject initially – does the IRB data section specify whether this will be shared or not? And, 3) Could it be considered personally identifiable information (not knowing that much about CT scans, does it seem like you could identify someone with this photo? This topic comes up with the sharing of DNA samples sometimes.)? When I do run into something as sticky as this, I usually send it to our legal department and eventually an answer comes back, but there is often a lot of speculation about whether the answer can be generalized. I’d love to know what others do. Thank you for posing the question – it’s nice to know I’m not the only one!

Thanks,

Amanda Rinehart
Data Management Services Librarian
The Ohio State University


From: Rdap [mailto:rdap-bounces at asis.org] On Behalf Of Daureen Nesdill
Sent: Wednesday, July 30, 2014 11:15 AM
To: rdap at mail.asis.org<mailto:rdap at mail.asis.org>
Subject: [Rdap] copyright and data

Hi all,
Got a sticky question here.
We have CAT scans and photos coming in to deposited in our IR. Photos were taken by the researcher. CAT scans were taken by various labs and provided to the researcher for their use in researcher. Some of the scans were done at the Univ of Utah.

How have you handled the copyright question?
Data is not copyrighted, but these are images and I’m being told may fall under copyright.

For the photo example I’m assuming that the researcher owns CR because he took the photos as part of an NSF grant.


Daureen

Daureen Nesdill MS, MLIS -Data Curation Librarian
The Faculty Center @ J. Willard Marriott Library
University of Utah
295 South 1500 East, Salt Lake City UT 84112-0860
801-585-5975
daureen.nesdill at utah.edu<mailto:daureen.nesdill at utah.edu>
Subject areas Data Management, the Sciences and Engineering


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