[Chris Morris]

A performance of music is an artistic creation, so a recording of music is owned, i.e. is in the scope of copyright law.
A passive recording of natural processes by scientific instruments is not copyright, even if it is made by a company. (It could often reasonably be managed as a trade secret.)
A video of a performance is in the same category. So is a photograph video of nature if there was a creative step in the recording of it. This also applies to astronomical images, if the telescope was guided by a scientist. Videos passively recorded by security cameras have an unclear status – several courts have declined to rule on whether or not they are copyright. Sky survey images are probably not copyright.
I agree that data collected as a result of research grants should be publicly owned, if it is owned at all – for these reasons much of it is not. And I agree that it should not be held secret by the researcher.
From: jbminster=***@***.***-groups.org [mailto:***@***.***-groups.org] On Behalf Of jbminster
Sent: 13 April 2016 16:59
To: Simon Codata; RDA/CODATA Legal Interoperability IG
Cc: Jean-Bernard Minster; enriquealonso; punkish
Subject: Re: [rda-legalinterop-ig] [rda-legalinterop-ig] Re: [rda-legalinterop-ig] Re: [rda…
At least my name is short enough that it fits on a cheque following *Pay to the order of* That is occasionally a serious advantage.
I think we may want to punt on the matter of data ownership. The law(s) clearly are written for certain classes of *data* that only over partially the range of scientific data. I think that data collected by devices paid for by taxpayers (satellite data, network data, etc) should clearly be considered to be public goods. I think that data collected by corporate entities for business purposes should be *owned* by such entities unless a major consideration (eg public health) can be invoked. I think digital data such as music and video are a completely different kind of animal, and the debate should continue. When it comes to verifiable scientific data sets collected or assembled by individuals with no significant support from taxpayers, then we have a conflict that should be the object of further discussions in a future working group. In the meantime, I am sympathetic to the suggested strategy that Enrique describes, and would defer the discussion of contracts, etc to a later study.
This is so we can finish the current study. Otherwise we can discuss this forever….which may be fun but is not our present job.
So I will not compose a story for discussion, and suggest that we protect our paper with a suitably worded caveat.
Cheers,
Bernard
On Apr 13, 2016, at 07:12, Simon CODATA wrote:
The disturbing thing is that either Bernard or Enrique would be better Queens of England than Mrs Elizabeth Saxe-Coburg-Gotha… Whose nightmare?
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On 13 Apr 2016, at 16:07, jbminster wrote:
Wait a second, I thought I was the Queen of England. Don’t tell me that i was deluded all this time! B.
On Apr 13, 2016, at 07:04, enriquealonso wrote:
Puneet,
Come on…!! Be realistic…… Believing I am not the Queen of England (by the way who the hell may even want to think in believing such a nightmare…) is not comparable to believing that some data I obtained and are in my computer under my password and that I do not want to share are … mine..(whatever mine means)
I have learned be open to expressions of intuitive insistence of intelligent people. I think Bernard´s hunch is more than a hunch…
Do you want US brainy lawyers´ articles saying what he says? And do you want to delay guidelines until these lawyers officially retract?
I could send you quite a lot.—
take care
________________________________________
De: punk.kish=***@***.***-groups.org [punk.kish=***@***.***-groups.org] En nombre de punkish [***@***.***]
Enviado el: miércoles, 13 de abril de 2016 4:45
Para: Jean-Bernard Minster; RDA/CODATA Legal Interoperability IG
CC: Enrique Alonso García
Asunto: [rda-legalinterop-ig] Re: [rda-legalinterop-ig] Re: [rda-legalinterop-ig] RE: [rda-legalinterop-ig] RE: [rda…
Look, here is how it works:
Do you get any rights in data just because you spent a lot of effort collecting it? In Europe and a few other jurisdictions, yes (sweat of brow). In the US, no. But keep in mind, there are specific conditions under which db rights kick in and, in any case, they can be defended only in Europe and wherever else they are recognized.
Can you force someone else to do your bidding if they take your data and sign a contract promising to do something in return? Yes, but they either shouldn’t sign the contract or be prepared to do what they promised because they thought the exchange was worth it.
Can you own data? As Willi showed us so eloquently, no.
But can you believe you own data? Yeah sure, you can also believe you are the queen of England and you still own India and all the world’s spice trade. Doesn’t make it true but you can believe it.
On Apr 12, 2016, at 8:16 PM, Jean-Bernard Minster wrote:
So…even though I agree with all the intellectual and legal arguments, I still think you all miss the point of view of the scientist who concocts the data with sweat of the brow. It is getting pretty late here but I will try and construct a story that highlights my concerns…which I believe to be those of most of my researcher colleagues., who are totally convinced that they own some data.
Best-
Bernard
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