Subject: [digital-copyright] RE: Survey copyright question From: "Nichols, Brad" <jbn16@xxxxxxxxxxx> Date: Fri, 19 Apr 2013 16:16:15 +0000 |
Sue, I would caution against putting too much weight on any one particular fair use factor - all factors must be weighed and considered equally and the courts have explicitly cautioned against giving too much consideration to one factor - in this case the market factor. One should also consider whether the use is transformative above and beyond considering the four fair use factors. Do we know if the students obtained permission to use surveys, etc? If the dissertation cannot be understood without reference to the survey instrument I would certainly tend to lean toward the idea that it would be a transformative and fair use. Brad J. Bradley Nichols, JD, MA University Copyright Officer Texas State University Albert B. Alkek Library #232 601 University Drive San Marcos, TX 78666 512-245-2288 | jbn16@xxxxxxxxxxx -----Original Message----- From: Marvin, Stephen [mailto:SMarvin@xxxxxxxxx] Sent: Friday, April 19, 2013 10:28 AM To: digital-copyright-digest-help@xxxxxxxxxxxxxx; digital-copyright@xxxxxxxxxxxxxx Cc: sue.kunda@xxxxxxxxxxxxxxx Subject: [digital-copyright] Survey copyright question Dear Sue, Especially pleased to reply to your concern on this specific topic. Under Fair Use, the affect on the Market/sales of these instruments would be decidedly detrimental and should be excluded. Some time and preparation plus testing is applied to developing surveys and shouldn't be taken for granted. My story goes beyond this. Hence the reply. A student used a copy of a survey instrument rather than pay the $1 per copy for about 300 participants. The study had been conducted by a faculty member for their own research and other students in the past. Faculty was very surprised at the results from the survey. Survey used an electronic scoring device to tally and evaluate the results. However, since it was a copy of the survey, the survey was reverse of its normal format when scanned. Hence the results were totally askew. The survey had to be redone. The student couldn't complete the assignment and had to redo the class. Whether there are indications, it is protected by copyright. Now, reading more closely to your question, perhaps I misunderstood the survey / questionnaires were developed by the student? Then the survey/questionnaire could potentially be a marketable product. Also Thesis material (digitized) is including video, music, software, linked social media and some provide introductory webcast by the faculty supervising the thesis Hope this helps, Stephen Hello all. We have graduate students (usually in Education and Counseling) who include copies of surveys and questionnaires they use in their research when submitting their work to our digital repository. Some of these instruments clearly indicate their copyright status while others don't have any copyright statement at all. Some appear to still be in circulation but others appear to be "orphan works" -- especially when the questionnaire is included in an older thesis. There are times when a reader would need to see the entire questionnaire to make sense of the thesis, but some theses might be able to stand alone without including the entire questionnaire. Do you have some words of wisdom for me when it comes to including (possibly) copyrighted questionnaires and surveys in electronic theses and dissertations? Thanks, Sue ________________________________ Sue Kunda Digital Scholarship Librarian OSU Libraries & Press 121 The Valley Library Corvallis, OR 97331 sue.kunda@xxxxxxxxxxxxxxx 541-737-7262
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