[GSDI Legal Econ] Fwd: Posting copyrighted data or derivatives

[Roger Longhorn]

Just in case the Europeans on this list think that GI copyright issues 
only arise here in Europe!

Kind regards

Roger Longhorn
ral at alum.mit.edu

-------- Original Message --------
Subject: 	[metadata] Posting copyrighted data or derivatives
Date: 	Thu, 26 Oct 2006 09:02:23 -0600
From: 	Chris_Dietrich at partner.nps.gov
To: 	metadata at lists.thinkburst.com


All,

Does anyone have experience regarding the posting of copyrighted data? We
(the *U.S. National Park Service*) are beginning to wrestle with the posting
of data that originated from a copyrighted source.

A case in point involves a hardcopy map that was digitized with permission
from the publisher and used to derive digital geospatial data for a
presribed list of parks.  The publisher is OK with the derivative being
distributed to the listed parks, but doesn't want the derivative made
available to the general public who might reproduce the original map from
the derivative.

The developer of the derivative wants to be sure that it doesn't get
uploaded to the NPS Data Store (clearinghouse) once it leaves his hands.  I
recommended that the developer (in this case also the distribution contact)
publish the metadata only on the Data Store - i.e. the data cannot be
downloaded directly. This would allow discovery while making him the
gatekeeper for the data, thus ensuring that the copyright restrcitions are
understood by any recipient of the data.

FYI: We are considering how we might flag such data on the Data Store using
the Access and/or Use contraints metadata elements.

Two questions:
1. Legally: what are we required to post? - must we post metadata for data
that is owned by another entity but for which we have a license (and do not
have the right to redistribute it or its derived products)?

2. Legally: what would our FOIA obligations be if we post the metadata and
"advertise" the data's existence but then are restricted by
copyright/license from re-distributing it?

Thanks in advance for any input!

Chris Dietrich, M.S.
Information Management Specialist (NPS Partner)
National Park Service
1201 Oakridge Drive
Fort Collins, CO 80525
Phone: 970.225.3587
Fax:      970.225.3597
mailto:Chris_Dietrich at partner.nps.gov
mailto:Chris.Dietrich at colostate.edu
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