Copyright Issues

[Doug Yanega]

Susan Farmer wrote:

>Are the type descriptions considered copyrighted?  If we're going to
>hold that the illustration of the type is in the Public Domain, then
>should not all material relating to the type (especially the protolog)
>be in the public domain as well?
>
>My apologies if this has been covered.

Not specifically, at least this time around. In an earlier discussion of
this topic, there was explicit mention of "label data" as being one of the
things copyrighted, though the on-line statement Geoff read cited does not
mention it explicitly:

"Specimens in the collections may not be photographed, imaged,
reproduced or published in any format without prior permission being
obtained from the relevant Collections Manager. It will normally be a
condition of granting such permission that copyright in any such images
will be ceded to the Trustees of The Natural History Museum."

Having investigated copyright law a bit myself, and having a lawyer in the
family, I think it could safely be said that the phrase "published in any
format" could be legally interpreted to cover verbal descriptions of the
appearance of a specimen, should a skillful lawyer press the issue. In
other words, in the unlikely event that the NHM should choose to do so,
they might indeed be able to sue for copyright infringement if you publish
a description of one of their specimens without their approval (after you
signed their contract, of course). What puzzles me is not so much why they
might have such a policy, but what provisions they've made for handling
their end of the contract - after all, they don't mention a contact person
among the "Trustees" to whom requests for permission to print
images/descriptions should be addressed. Can the NHM curators grant
permission? Does it have to be in writing? Does it have a time limit? These
are matters normally dealt with by people for whom that is their ONLY job.
The NHM really has such people on staff?

Peace,


Doug Yanega       Dept. of Entomology           Entomology Research Museum
Univ. of California - Riverside, Riverside, CA 92521
phone: (909) 787-4315 (standard disclaimer: opinions are mine, not UCR's)
                http://insects.ucr.edu/staff/yanega.html
  "There are some enterprises in which a careful disorderliness
        is the true method" - Herman Melville, Moby Dick, Chap. 82