Re: University photos

**Horticulture Ventures hortventures@cox.net>**

Rich Pomerantz wrote:

> Claude Sweet wrote: <When university research is involved, unless funded
> by private donations, the information becomes a matter of public record
> through periodic press releases, published articles, presentations at
> various conferences, and at the competition of the research grant.
>
> Approval for academic use of such information is generally given without
> any payment of funds. Proper credit MUST always be given in such cases.>
>
> I think this statement may create the impression that copyright to a
> photo which is included in the publication of the results of a
> public ally funded study somehow is less protected than other copyrights.

If someone is unfamiliar with the concept of public and private records, 
they should consult an attorney to protect themselves, The same with 
registered and copyright ownership and uses.

I do not want to give anyone an improper impression. My comments are 
about how the academic system works. Obviously the publishing of 
research materials (test, photos, charts, and graphs) as a public record 
is like a magazine publishing an article complete with photos.

The except is the limited reproduction allowed by  fair use laws for 
educational use which is not being discussed, but allows limited 
reproduction of published materials in a not for profit education setting.

Another researcher may refer to and use published information as limited 
part of their research. This generally is quoted text and reproduced 
tables, charts, and photos that are used with prior permission and 
proper credit given. Extensive biographic references are also included 
for the convenience of the reader.

There is both a sprit of cooperation and competition in the publish or 
perish academic world

Information is sometimes provided to another investigator only after a 
nondisclosure agreement has been signed. This prevents information from 
being incorporated into another researcher's paper and gaining credit 
for research they did not perform by publishing prior to the primary 
researcher publishing their findings.

Information can include test, graphics, charts, and other related 
references. Both public and private institutions of higher learning 
 seek grants from government (including the military) and private 
sources. Private sources can and do attempt to control the dissemination 
of the research results.

Some research can be classified as a national security issue and not 
released to the public until declassified.

Once information (including photos) is published, all copy protections 
are in place. This does not stop someone from compiling all available 
published information and with other sources formulating a new and 
independently written article. New photos can be taken to illustrate the 
new author's points.

Many university and researchers will cooperate with an independent 
author who is researching an article, especially if a firm commitment 
for publication is demonstrated.

Some topics are very sensitive and controversial so the universities and 
researchers would mot be likely to assist someone who they had not had 
previous experience with out of concern that a hatchet job being performed.

Claude Sweet
San Diego, CA

>

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