The readings this week gave me a lot of information about copyright and IP that I didn’t know before. I wanted to comment on 2 topics. In Revising Copyright Law for the Information Age the author, Jessica Litman, talks about how copyright applies to digital media, and what types of changes should be made to the law in order to encompass digital media. She says “Copyright makes sense as an incentive if its purpose is to encourage the dissemination of works, in order to promote public access to them” (175). She points out that the current copyright law protects author’s and publisher’s rights by allowing them to control making copies of the work. Authors’ and Publishers’ compensation is based on the number of copies sold, thus the author (or publisher) needs to tightly control the copies of the work. If someone copies the work and gives it away or sells it, the author is not getting paid.
This system is not ideal for digital media. It is much easier for an end user to copy a digital work and send it to someone else. The author argues that as long as people are not distributing items for a profit, or as long as they are not interfering with the author making money, copying and disseminating works should not be considered copyright infringement. The problem is determining when something an individual does is causing a problem. A new compensation structure would need to be set up as well. If compensation was not tied to the number of copies sold, it would make personal use copies less of an issue.
In some ways the traditional system of compensation makes sense. If the work is good, more copies sell, the author gets paid more. This is similar to wait staffs’ wages being based on tips. If the service is good, they get paid more, if the service is poor, they get paid less. This both rewards excellence and discourages poor performance. However, most jobs don’t work this way. I didn’t get paid by each successful assay I ran in the lab. I got paid a salary and I was expected to perform well all the time. What if authors were paid a salary? Then the question is how do the publishers make their money? The author does not address this point, and I’m not sure what the answer is.
Telling Tales out of School deals with a case of scientific IP. The author briefly touches on the difference between science conducted in an academic setting and science conducted in an industrial setting. I’ve worked in industry, and the corporation does everything it can to claim ownership to everything the scientist does or even thinks of while working for the corporation. I even had to sign agreements that I would not work for another company, in the same field, for a specific amount of time after I left the company.
Science conducted in academia is supposed to be more open, free and public. The main issue of academic ownership in the article is related to the right to publish first. Publish or perish. This made me think of Professor Hector DeLuca here at the UW. Professor DeLuca is considered THE source on vitamin D. He holds many patents, although I’m not sure how many are personally owned and how many are owned by WARF. Another thing I don’t know is where did the money come from for those projects that the university profits from? Were they public grant money? Were they private donations? I would think that would make a difference on who could patent the work, and who could profit from it. I’d be interested to learn how sources of grant money ties into patents.
There are 2 spin-off companies based on work created in, or inspired by his lab. The first company was originally named Lunar. Dick Mazess started this company based on a project he was moonlighting on (thus, Lunar). He designed a bone densitometer, it is an instrument used to detect bone mineral density which is important information for osteoporosis diagnosis. The story I heard floating around the UW was that Hector DeLuca’s lab did all this great work on Vitamin D, and someone said “Great, but now what are you going to do?” And Dick Mazess thought about that, and decided he would build a bone densitometer. I don’t know if that is actually how the story unfolded, but regardless there is a link between Professor DeLuca’s work and Dick Mazess’ work. In an industrial setting the bone densitometer work could never have been spun off of the vitamin D work, but in an academic field it can be. Which makes me wonder, who does own what in academics. The bone densitometer was worked on in Dick Mazess’s spare time, in his garage, without University funding, so it seems to be pretty clear that it is his invention, even though he used Hector DeLuca’s vitamin D work as his starting point.
The case of the company called Bone Care is a little different. Bone Care is a small pharmaceutical company that was started in Madison. Bone Care licensed several compounds from WARF that were discovered in Hector DeLuca’s lab. Bone Care developed one into a successful drug. The compound is called doxercalciferol, its brand name is Hectorol (after Hector DeLuca, although I hear he doesn’t like that the drug is named after him). The drug is a vitamin D analog, and it is used to prevent osteoporosis in patients undergoing renal dialysis. I’m very curious how all that IP works in this case. WARF owned the rights to the compound, and Bone Care licensed it from WARF. Does that mean that Bone Care “owns” the compound, or that WARF owns it, and Bone Care has the rights to use it? Where did the original funding come from when the compound was discovered? And can a chemical compound be owned? Or is it only the uses the compound can be put to that can be owned? I’ll have to do some more checking into this to see if I can find some more answers.