RE: NIH issues

["T Scott Plutchak" <tscott@uab.edu>]

As I read your hypothetical, the reporting requirements you 
define don't meet the definition of "extrinsic work" so HR 801 
wouldn't apply. Perhaps the most intriguing part of the bill is 
that second definition of "extrinsic work" -- how do you measure 
"meaningful added value" and are there circumstances under which 
it rises to the level that justifies a copyright claim?  Kevin 
argues that it doesn't, because it doesn't materially affect 
expression, and he may be right.  But it seems to me that there 
is still a value transfer that needs to be recognized or 
justified in some fashion.

Here's the link if you want to take a look: 
http://thomas.loc.gov/cgi-bin/query/C?c111:./temp/~c1114iW6Lh

As for Bolano (and Ann can edit this out if I'm going too far 
afield), I read 2666 during several weeks in January and found it 
one of the greatest novels I've ever read, and I don't say that 
lightly.  I'm halfway through Savage Detectives now, and while it 
is not as vast and ambitious in scope, the quality of the 
writing, imagination and characterizations is just as fantastic.

T. Scott Plutchak

Director, Lister Hill Library of the Health Sciences
University of Alabama at Birmingham
tscott@uab.edu
http://tscott.typepad.com
http://beardedpigs.net



-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Joseph Esposito
Sent: Thursday, February 19, 2009 4:47 PM
To: liblicense-l@lists.yale.edu
Subject: RE: NIH issues

Scott,

"Slightly more than 60%" is pretty good.  It's more than Obama
got.  I expect to see my picture on a new government security.
The "Esposito" bond does not pay interest; it asserts it.

BTW, I share your interest (!) in Roberto Bolano.

Concerning your blog post, I just read it.  It's terrific and I
recommend it to anyone interested in this issue.  I am myself not
at all in the Heather Joseph camp on this one, but I don't know
if I am wholly or partly (60%?) on the Marty Frank side.  Let me
put this hypothetical to you.

A governmental agency (the NIH or anything else) says to a
researcher:  "We are prepared to grant you $500,000 to study
snails. As a condition of this grant, you are required to file a
detailed report of your research; a template for this report will
be provided to you.  That report will be placed on a Web server
managed by our agency.  Anyone can use this material any way they
wish for any purpose including commercial exploitation, provided
that they cite you, cite the agency, and don't change a word
without your permission.  You may also do anything you want with
this material, provided that you cite the agency.  You alone may
change the content."

Will the proposed bill allow for this hypothetical?

I am not asserting that this situation would be a desirable one;
that's for the agency to determine.  My question is what latitude
there would be under the law.

Joe Esposito