[Rdap] FW: copyright and data

[Daureen Nesdill]

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


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mail.kunverj.com/pipermail/rdap/attachments/20140730/1fddc72d/attachment.html>