Is science copyrightable?

I have been jolted into wondering whether scientific publications are actually protectable by copyright. I’m almost certainly wrong, but here’s my little journey. I found Tim O’Reilly (et al.): Publishing Digital Fair Use 23:26 03/11/2007, Peter Brantley, Planet SciFoo:

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review.

PMR: and he goes on the explain how a major publisher was ignorant of the basics of fair use:

Of the entire conversation, certainly the greatest disappointment to me was the obviously incomplete understanding held by my publishing colleague of what fair use actually is — in other words, its fundamental characteristics, such as its relativistic nature and lack of definitional precision, the 4-point multiple-factor test (see the good discussion at the University of Texas site, about halfway down, “Using the Four Factor Fair Use Test”), and what the doctrine aims to sustain. My sudden need for a basic, conceptual presentation took me by surprise, and given the fact that I was speaking to a whip-smart VP of a major publishing house, I felt it was an unfortunate one.

PMR: I followed up the Texas link which included:

1. Is the work protected?

Copyright does not protect, this Policy does not apply to, and anyone may freely use*:

PMR: and I followed the last link to Cornell:

§ 102. Subject matter of copyright: In general

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

PMR: Well, IANAL BUT the last sentence looks pretty clear to me. Large parts of a scientific paper are:

  • procedure
  • principle
  • discovery

PMR: and the form (including illustrations) is irrelevant.
This is, I assume, US only but nonetheless it seems pretty clear that I can:

  • reproduce a chemical synthesis/recipe (“procedure”)
  • reproduce a chemical graph (“discovery”)
  • reproduce a chemical molecule diagram (“concept”)

Now I’m quite happy to avoid reproducing the publishers pagination (I hate PDFs anyway). But can anyone disillusion me as to why I shouldn’t download and reproduce material from PARTS of scientific papers without permission. And is anyone happy to accompany me to the barricades?

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5 Responses to Is science copyrightable?

  1. AS I commented previously I am interested in scraping the CrystalEye data but am cautious of copyright issues. I explained it here: http://www.chemspider.com/blog/?p=220 . I sent a letter to the JACS editors and they forwarded it to copyright@acs.org. I have followed up with them since but am still waiting on a response. This will be an interesting exchange in terms of answering your question.

  2. Rich Apodaca says:

    It might be helpful to sit down with an IP attorney and discuss this (there must be a few at Cambridge…). I would really like to hear what you find out.

  3. Bill says:

    I too would like to see this line of thought pursued. How far does “concepts cannot be copyrighted” actually get us? I am already at liberty to copy data from a published paper and do my own analysis, but that says nothing about how I am to get at that data in the first place.

  4. pm286 says:

    (1) Obviously I can’t help further. There are certainly many people in ACS who know of our activity. I have raised the issue in talks at ACS. We do not hold any material stamped copyright (I have re-iterated this before), have not used spiders, and have only extracted the facts (CIFs). So I don’t expect a take-down.
    (2) Thanks Rich. I’m glad you read it in the same way. I may bounce it off the OKFN. I’ll see whether I get more replies first.

  5. pm286 says:

    (3) Thanks Bill. If nothing else this gives me moral support. It may be that Science Commons has a view

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