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Monday, May 18, 2009

Are scientific images copyrightable?

Peter Murray-Rust, Are these images copyrightable?, A Scientist and the Web , May 17, 2009.

I contend that almost all images in scientific publications should not be copyrightable by any publisher and should be stamped as Open Data by the author. To give an idea I have extracted some images from BMC journals (which I can do without permission as BMC is a CC-BY publisher). I’d like to know if anyone thinks any of the following should be copyrightable.

Remember that an image copyrighted by a publisher requires explicit permission (e.g. emails and often the payment of money). Do any of these deserve that? [Note: omitting images] ...

These are very beautiful images, but they are raw data and absolutely essential to communicate the science and should not be copyrighted. ...

For background, see Murray-Rust's earlier post, What is Data and what should be Open?.

Comment. It's not an idle question. Recall the case of Shelley Batts, a science blogger who reproduced a graph from a Wiley-published journal and was in turn threatened by Wiley with a claim of copyright infringement.