Whenever I see the words intellectual property, I think of David Letterman. Remember when he left NBC for CBS, thus inciting an intellectual property firestorm? NBC claimed intellectual property rights on much of Letterman’s material, including Stupid Pet Tricks and the Top 10 List. The controversy even caused the fictional demise of Larry “Bud” Melman (also considered the intellectual property of NBC), although the actor who played the character of Larry “Bud” Melman (Calvert DeForest) continued with Letterman at CBS until he retired in 2002. Much comic fodder was made of this intellectual property brouhaha, mostly by Letterman himself. However, in publishing circles, intellectual property is serious business.
So, what exactly is intellectual property? The AMA Manual of Style writes,
Intellectual property is a legal term for that which results from the creative efforts of the mind (intellectual) and that which can be owned, possessed, and subject to competing claims (property). Three legal doctrines governing intellectual property are relevant for authors, editors, and publishers in biomedical publishing: copyright (the law protecting authorship and publication), patent (the law protecting invention and technology), and trademark (the law protecting words and symbols used to identify goods and services in the marketplace).
This month’s AMA Manual of Style quiz offers multiple-choice questions on intellectual property. Test your knowledge by responding to the following question from this month’s quiz:
A scientist develops data while working at Harvard University. He then moves to Stanford University, where he publishes an article using the original data in JAMA. Who owns the data?
- Harvard University
- Stanford University
What do you think? Do the data belong to the scientist, one of the academic institutions, or the publishing journal? Use your mouse to highlight the text box for the answer:
In scientific research, 3 primary arenas exist for ownership of data: the government, the commercial sector, and academic or private institutions or foundations. Although an infrequent occurrence, when data are developed by a scientist without a relationship to a government agency, a commercial entity, or an academic institution, the data are owned by that scientist. Any information produced by an office or employee of the a government agency in the course of his or her employment is owned by the government. Data produced by employees in the commercial sector (eg, a pharmaceutical, device, or biotechnology company, health insurance company, or for-profit hospital or managed care organization) are most often governed by the legal relationship between the employee and the commercial employer, granting all rights of data ownership and control to the employer. According to guidelines established by Harvard University in 1988 and subsequently adopted by other US academic institutions, data developed by employees of academic institutions are owned by the institutions (§5.6.1, Ownership and Control of Data, pp 179-183 in print).
So, when Letterman packed his bags and moved to CBS, he was legally required to leave some of his property behind because it was owned by NBC. Similarly, when authors leave their academic institutions, they are usually required to relinquish the results of the work they performed during their employment.—Laura King, MA, ELS