Proceedings of the Workshop on Promoting Access to Scientific and Technical Data for the Public Interest An Assessment of Policy Options (1999) / Chapter Skim
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13 Promoting Access to and Use of Not-for-Profit Scientific and Technical Data—An Assessment of Legal and Policy Options
13 Promoting Access to and Use of Not-for-Profit Scientific and Technical Data—An Assessment of Legal and Policy Options
Pages 282-306
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From page 282... ...
3. Assuming that government data will remain exempt from IPR protection, what should be the scope of that exemption for databases created with government funding at universities?
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From page 283... ...
6. In any new IPR regime what should be the scope of exemption regarding research, educational, library, and other "public-interest" uses of data sold by commercial publishers/vendors with respect to sharing and use, including transformative uses; integration into multiple-source data products or databases; dissemination to other parties within their own institution, or to other universities or not-for-profits; liability issues, generally; and other issues?
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From page 284... ...
Federal government agencies cannot own copynghts, but state government agencies do own copyrights and exploit them all the time and survive. So, were it to happen that state universities were able to protect local data, it seems to me that that is a state issue rather than a federal issue.
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From page 285... ...
As a general principle, an investigator who generated data with university resources and within the scope of employment, should be contributing something to the university if commercial exploitation occurs. But ~ am not sure why these ownership issues regarding university databases would fit in this breakout session.
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DR. SAXON: The point we can distill out of these remarks is that any proposed legal regime doesn't really address this particular question of who owns databases produced at a university.
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From page 287... ...
As we heard in the commercial data pane} yesterday, most of the commercial publishers of databases focus on where they add value to the data to make the data more usable. Now, one doesn't want to hinder the commercial exploitation of otherwise perfectly usable raw data.
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From page 288... ...
I, personally, think that the government should not allow grants to be used to support the development of proprietary sweat-of-the-brow collections either. So, ~ would say that all such information generated using government funding should go into the public domain.
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From page 289... ...
Then, finally coming to your point, what ultimately happens to government data as well as to any data is affected by the type of intellectual property regime that one selects. So, if one takes the view that we are going to have either a strong exclusive property right or, as the Register of Copyrights conceded, a self-procIaimed misappropriation approach that is no different from a strong exclusive property right, then it becomes really important who owns what and who does what.
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From page 290... ...
The National Archives were absolutely inadequate for archiving electronic scientific data. They might be fine for old books and documents, but they were completely unprepared for the volume of scientific and technical data.
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From page 291... ...
Just saying the word "misappropriation" doesn't cut it; Ms. Peters talked about the so-called misappropriation approach that Congressman Coble introduced.
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DR. BERRY: ~ would like to believe you, but ~ am afraid there is some evidence that the expressed concerns regarding university agreements on transfer of technology licensing are real.
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From page 293... ...
Another continuum is looking at the sources of the data, starting with the originator of the data. The data go into a primary journal or a primary publisher, and then they go to a secondary journal or an abstracting indexing journal or a secondary publisher.
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From page 294... ...
We specifically covered items ~ and 2. So, we are at 3: Assuming government data will remain exempt from IPR protection, what should be the scope of that exemption for databases created with government dollars at universities?
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From page 295... ...
Primary databases are what the government paid for. The value-added databases that, for example, commercial publishers generate, become a proprietary product, but the primary data in the context of the no-capture principle must remain open and available.
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From page 296... ...
comfortable in a lot of disciplines for their career review, so that they sign the copyrights away to commercial publishers or not-for-profit publishers.
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From page 297... ...
DR. STEF1K: The question is, Should government data remain exempt from protection?
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From page 298... ...
MS. WIGWAMS: Let us go on to Question 6: In any new IPR regime what should be the scope of exemption regarding research, education, library, and other "public interest" uses of data sold by commercial publishers and vendors with respect to sharing and use, including transformative uses; integration into multiple-source data products or databases; dissemination to other parties within their own institution, or to other universities and not-for-profits; liability uses, generally; and other issues?
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From page 299... ...
The other is misuse, or restrictions on licensing for science and education. If you gain a carve-out, an exemption, but you don't put restrictions on what the publishers can do with contracts, they will simply contract away that exemption, which will be upheld by the proposed Uniform Computer Information Transactions Act (UCITA' formerly known as Article 2B of the Uniform Commercial Code)
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From page 300... ...
c) Alternatively, if a licensing paradigm continues for access to online scientific and technical data, a portion of fees collected might be set aside or taxed to subsidize access to school libraries in rural and underserved communities [See Nunberg, 19981.
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From page 301... ...
MR. REICHMAN: Yes, individual versus library subscription prices, or could they give the data to the scientific community a little later and then charge less for it?
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From page 302... ...
We are at the beginning of the information revolution not at the end of it, and if we stifle that intellectual creativity by saying that the primary database owner owns a right to a piece of the action forever, that is, ~ think in the long run, going to stifle creativity.
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From page 303... ...
There also is added value to distnbute that content so that you keep getting it in the correct archives with the correct search engines and what have you.
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From page 304... ...
If you get a right from Congress on which you can build your private regime, you have a super monopolistic power. A database protection right thus potentially expands your contractual powers beyond existing regulatory restraints.
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From page 305... ...
We haggle for years on some of these licenses. This idea that people who are in the business of providing scientific databases are monolithic monsters that can impose whatever they will on the world just defies reality.
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From page 306... ...
MR. RElCHMAN: ~ am not suggesting that most scientific database providers are going to behave unreasonably.
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