Legitimacy of reusing images from scientific papers addressed

It goes without saying that scientific research has to build on previous breakthroughs and publications. However, it feels quite counter-intuitive for data and their re-use to be legally restricted. Yet, that is what happens when copyright restrictions are placed on many scientific papers.

The discipline of taxonomy is highly reliant on previously published photographs, drawings and other images as biodiversity data. Inspired by the uncertainty among taxonomists, a team, representing both taxonomists and experts in rights and copyright law, has traced the role and relevance of copyright when it comes to images with scientific value. Their discussion and conclusions are published in the latest paper added in the EU BON Collection in the open science journal Research Ideas and Outcomes (RIO).

Taxonomic papers, by definition, cite a large number of previous publications, for instance, when comparing a new species to closely related ones that have already been described. Often it is necessary to use images to demonstrate characteristic traits and morphological differences or similarities. In this role, the images are best seen as biodiversity data rather than artwork. According to the authors, this puts them outside the scope, purposes and principles of Copyright. Moreover, such images are most useful when they are presented in a standardized fashion, and lack the artistic creativity that would otherwise make them ‘copyrightable works’.

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“It follows that most images found in taxonomic literature can be re-used for research or many other purposes without seeking permission, regardless of any copyright declaration,” says Prof. David J. Patterson, affiliated with both Plazi and the University of Sydney.

Nonetheless, the authors point out that, “in observance of ethical and scholarly standards, re-users are expected to cite the author and original source of any image that they use.” Such practice is “demanded by the conventions of scholarship, not by legal obligation,” they add.

However, the authors underline that there are actual copyrightable visuals, which might also make their way to a scientific paper. These include wildlife photographs, drawings and artwork produced in a distinctive individual form and intended for other than comparative purposes, as well as collections of images, qualifiable as databases in the sense of the European Protection of Databases directive.

In their paper, the scientists also provide an updated version of the Blue List, originally compiled in 2014 and comprising the copyright exemptions applicable to taxonomic works. In their Extended Blue List, the authors expand the list to include five extra items relating specifically to images.

“Egloff, Agosti, et al. make the compelling argument that taxonomic images, as highly standardized ‘references for identification of known biodiversity,’ by necessity, lack sufficient creativity to qualify for copyright. Their contention that ‘parameters of lighting, optical and specimen orientation’ in biological imaging must be consistent for comparative purposes underscores the relevance of the merger doctrine for photographic works created specifically as scientific data,” comments on the publication Ms. Gail Clement, Head of Research Services at the Caltech Library.

“In these cases, the idea and expression are the same and the creator exercises no discretion in complying with an established convention. This paper is an important contribution to the literature on property interests in scientific research data – an essential framing question for legal interoperability of research data,” she adds.

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Original source:

Egloff W, Agosti D, Kishor P, Patterson D, Miller J (2017) Copyright and the Use of Images as Biodiversity Data. Research Ideas and Outcomes 3: e12502. https://doi.org/10.3897/rio.3.e12502

Additional information:

The present study is a research outcome of the European Union’s FP7-funded project EU BON, grant agreement No 308454.

Making the most out of biological observations data

Creating and maintaining a biodiversity data collection has been a much-needed worldwide exercise for years, yet there is no single standard on how to do this. This has led to a myriad of datasets often incompatible with each other. To make the most out of biodiversity data and to ensure that its use for environmental monitoring and conservation is both easy and legal, the FP7-funded EU project Building the European Biodiversity Observation Network (EU BON) published recommendations that provide consistent Europe-wide Data Publishing Guidelines and Recommendations in the EU BON Biodiversity Portal.

The report “Data Policy Recommendations for Biodiversity Data. EU BON Project Report” featured in the Research Ideas & Outcomes (RIO) journal, is the first contribution in a pioneering comprehensive project outputs compilation taking advantage of RIO’s unique option to publish collections of project results.

Biodiversity data and information provide important knowledge for many biological, geological, and environmental research disciplines. Additionally, they are crucial for the development of strong environmental policies and the management of natural resources. Information management systems can bring together a wealth of information and a legacy of over 260 years of biological observations which are now dispersed in a myriad of different documents, institutions, and locations.

EU BON aims to build a comprehensive “European Biodiversity Portal” that will incorporate currently scattered Europe-wide biodiversity data, while at the same time helping to realize a substantial part of the worldwide Group on Earth Observations Biodiversity Observation Network (GEO BON). To achieve this ambitious plan, EU BON identifies the strong need for a coherent and consistent data policy in Europe to increase interoperability of data and make its re-use both easy and legal.

“Biodiversity data and information should not be treated as commercial goods, but as a common resource for the whole human society. The EU BON data sharing agreement is an important step in this direction,” comments the lead author of the report Dr. Willi Egloff from Plazi, Switzerland.

In its report, the EU BON project analysis available single recommendations and guidelines on different topics. On this basis, the report provides structured guidelines for legislators, researchers, data aggregators, funding agencies and publishers to be taken into consideration towards providing standardized, easy-to-find, re-shareable and re-usable biodiversity data.

“We are extremely happy that EU BON is among the first to take advantage of our project outputs collections option in RIO. The first report they are publishing with us deals with issues of opening up data, and digitizing and collecting scientific knowledge, all close to RIO’s mission to open up the research process and promote open science,” says Prof. Lyubomir Penev, Founder and Publisher of RIO.

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Original Source:

Egloff W, Agosti D, Patterson D, Hoffmann A, Mietchen D, Kishor P, Penev L (2016) Data Policy Recommendations for Biodiversity Data. EU BON Project Report. Research Ideas and Outcomes2: e8458. doi: 10.3897/rio.2.e8458

 

About EU BON:

EU BON stands for “Building the European Biodiversity Observation Network” and is a European research project, financed by the 7th EU framework programme for research and development (FP7). EU BON seeks ways to better integrate biodiversity information and implement into policy and decision-making of biodiversity monitoring and management in the EU.