The Role of Scientific and Technical Data and Information in the Public Domain Proceedings of a Symposium (2003) / Chapter Skim
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23. New Legal Approaches in the Private Sector
23. New Legal Approaches in the Private Sector
Pages 169-174
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From page 169... ...
THE PROPRIETARY, THE PUBLIC DOMAIN, AND THE SPACE BETWEEN For much scientific and technical data, typically one cannot assert a copyright at least within the United States. These are the type of data for which there is not enough creative work in the expression to merit copyright protection.
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From page 170... ...
For someone wishing to release into the public domain scientific and technical data for which one cannot assert copyright in the first instance, that person need simply fail to take the previously discussed steps to protect that type of data that is, fail to keep the data secret, fail to write a contract, and fail to create and apply a digital rights management system. But if the work at issue is a copyrightable work, under the current system one has to take certain steps to disclaim it.
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From page 171... ...
Another recommendation in the report is that "school children should recognize their own creativity by including the copyright symbol on their course work."6 This reveals the cultural battle between society looking at the intellectual property regime as something that is merely holding them back from what they reasonably want and by all rights could do (before the sleeping giants awoke) and society viewing the intellectual property regime as a useful instrument with which to protect their intellectual fruits from misappropriation.
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From page 172... ...
The derivative product can then no longer be called Java. We also have a third example from the private, nongovernmental sector: the Internet Engineering Task Force, a group that has developed certain fundamental protocols, such as simple mail transfer protocol and transmission control protocol/Internet Protocol, that make the Internet work.7 This is an example of what James Gleick called "the patent that never was."8 The Internet Engineering Task Force does not release these standards into the public domain.
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From page 173... ...
To keep the process simple, Creative Commons templates allow control by an author along five axes.~° First, one can introduce the work entirely into the public domain using language provided from Creative Commons to make it clear that it is so released. If someone wants to put a work, or an excerpt of a work, in their textbook, they need not worry about sending a permission letter to anybody because the work is declared public-domain material.
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From page 174... ...
Finally, in the area of the scientific and technical data not subject, at least in the United States, to copyright protection, Creative Commons offers an opportunity to affirmatively and publicly catalogue the data, allowing the author to make clear the fact of his or her original production of them for attributive purposes. Scientific researchers thus can encourage maximum dissemination of their discoveries and methods, without sacrificing the fact of their own contributions to those discoveries.
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