Intellectual property rights?

[Rob Seaman]

Hola,

A new topic.  Curation and preservation of data are dependent on a  
more fundamental issue - ownership.  This IG seems the likeliest place  
within the IVOA to discuss issues of astronomical IP rights.  For  
instance, various discussions in the astronomical software community  
over the years have suggested that copyright is the appropriate legal  
theory to apply to "ownership" of astronomical data.  Is this actually  
true?

Something like copyright is necessary as the fundamental basis for  
protecting proprietary data rights for our users.  (Otherwise, what is  
being safeguarded by our archives' access restrictions?)  Copyright  
(or other IP model) is also desirable for various reasons to protect  
post-proprietary archive holdings.

In any event, the expiration of the proprietary period for the  
original investigator is an issue distinct from the IP rights of the  
observatory.  Rarely is copyright asserted by observers, but rather by  
observatories.

One aspect of copyright is that it is designed to expire, ultimately  
leaving the content (data) in the public domain.  What will the  
implications then be for continued curation of such data?

Another issue is that copyright can be thrown into limbo with the  
conclusion of a project, closure of an organization, or death of a  
P.I.  As an analogy, books often go out of print.  Even if such data  
remain accessible within an archive, and federated by the VO (or  
Grid), IP considerations may make distribution of pertaining datasets  
legally ambiguous.

Comments?

Rob Seaman
NOAO