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Copyright Questions and Issues



SUO Subscribers,
 
        Does anyone have any experience with copyright issues relating to standards documents?  If so, the SUMO subgroup could use your help.  It will soon be addressing various copyright questions and issues, including the items cited below.  To subscribe to their list, send the message:    subscribe SUO-SUMO       to the address: listserv@listserv.ieee.org.
 
Jim Schoening
 
==============================       
        Known Issues and Questions:
 
Issue: Clarify copyright wording.
 
Task: Obtain copyright release from remaining input sources
 
Issue: How to encourage potential users to use SUMO, but inform them not to claim conformance yet
 
Issue: Dealing with proposed, but not voted-on versions
 
Issue: Clarify that SUMO can be downloaded and utilized at no cost.
 
IEEE links and excerpts on copyrights:
 
http://standards.ieee.org/faqs/copyrightFAQ.html
 
http://standards.ieee.org/faqs/IntellectualProperty.ppt
 
 
http://standards.ieee.org/guides/companion/part1.html#copyright

Copyright

The notice of copyright is a concern throughout development. Every draft version of a standard has to be labeled with the appropriate copyright notices. One brief notice appears on every page of the standard. The other appears at the beginning of the document. These notices are crucial to guarantee copyright protection and should not be overlooked. See the IEEE Standards Style Manual for the proper wording for these notices.

Using material from other copyrighted documents is a major issue. Just as the IEEE is concerned with protecting its copyright, it is correspondingly concerned with respecting the copyright of others. If you're using material from another document, you need to ensure that the copyright owner has granted permission. For text, most organizations would consider minimal citation to be "fair use," which can be included without permission. When it comes to tables and figures, however, the distinction is harder to make. A table can be a brief way of representing a dense amount of information and, as the adage goes, a picture is worth a thousand words. For these reasons, you have to obtain permission for use of figures and tables from other publications. Some groups also want to use an entire document as the basis for their standard. In such cases, contact the Manager of Standards Licensing and Contracts in the IEEE Standards Department for guidance.

http://standards.ieee.org/guides/style/section2.html#716

5. Permissions

5.1 Copyrighted material from other organizations

When standards developers choose to use copyrighted text, tables, or figures and possibly modify or adapt the material to suit their needs, permission to do so shall be requested from the copyright owner. It is preferred, however, that copyrighted material be referenced rather than reprinted. Standards developers are encouraged to request permission from copyright owners as soon as the decision is made to include copyrighted material in a draft. As draft documents are made available to the public, it is important to acknowledge the ownership of any material that is not original. The following credit line shall be used in the event that specific language from the copyright holder is not available:

<Indicate material> reprinted from <copyright owner, title of publication>, year of publication.

Standards developers incorporating any previously copyrighted material into an IEEE standard shall obtain written permission from the copyright owner, which in most cases is the publisher, prior to submittal to the IEEE-SA Standards Board. Copies of the letters requesting and granting permission should be forwarded directly to the IEEE Standards Department and shall be included in the submittal to the IEEE Standards Review Committee (RevCom). Obtaining this permission is the responsibility of the sponsor; any delay in obtaining this will also delay publication of the standard. Sample letters of request and permission appear in Annex D. Please contact the IEEE Standards Contracts Administrator with any questions about copyright and permission.

5.2 Submission of independently developed documents

The submission of independently developed documents for consideration as potential IEEE standards or to serve as base documents for standards development is also encouraged. In order to ensure unencumbered development, from working group decisions through the consensus balloting process, a written permission release of unrestricted world rights to use a document as the basis for development of an IEEE standard and for all future revisions and editions of that standard is required. The process of standards development may result in changes to the base document; the IEEE must maintain the right to amend the document as it sees fit to meet the needs of this process.

In some cases, use of an independently developed document as a potential IEEE standard may require that the IEEE obtain a license agreement from the copyright owner allowing development and distribution of the standard. The copyright owner may also require that IEEE pay royalties or other valuable considerations on the use and distribution of the independently developed document. Therefore, it is recommended that the IEEE Standards staff be notified as early in the process as possible so that the staff will have sufficient time to make necessary arrangements.

It is also recognized that, in giving permission to use the document as the basis for an IEEE standard, the copyright owner(s) do not forfeit the copyright to their original text and its future development outside of the IEEE; however, the copyright owner(s) must agree not to refer to their document as an IEEE standard. The copyright owner(s) will be credited for their initial development of the base document in the front matter of the approved IEEE standard. Contact the IEEE Standards Contracts Administrator to obtain a copy of the approved letter to certify the copyright release, or, if necessary, a license agreement.

  
 
http://standards.ieee.org/guides/style/section2.html#587
 

4.1.1 Copyright statements

All IEEE drafts are obligated to carry statements of copyright, as indicated by the Project Authorization Request (PAR).

As per legal counsel, the following information shall appear on the title page of every IEEE Standards draft (please note that current year shall be replaced with the current year of distribution):

Copyright © <current year> by the Institute of Electrical and Electronics Engineers, Inc.
Three Park Avenue
New York, NY 10016-5997, USA
All rights reserved.

This document is an unapproved draft of a proposed IEEE Standard. As such, this document is subject to change. USE AT YOUR OWN RISK! Because this is an unapproved draft, this document must not be utilized for any conformance/compliance purposes. Permission is hereby granted for IEEE Standards Committee participants to reproduce this document for purposes of IEEE standardization activities only. Prior to submitting this document to another standards development organization for standardization activities, permission must first be obtained from the Manager, Standards Licensing and Contracts, IEEE Standards Activities Department. Other entities seeking permission to reproduce this document, in whole or in part, must obtain permission from the Manager, Standards Licensing and Contracts, IEEE Standard Activities Department.

IEEE Standards Activities Department
Standards Licensing and Contracts
445 Hoes Lane, P.O. Box 1331
Piscataway, NJ 08855-1331, USA

The following information shall appear on every page of the draft, preferably at the bottom of the page:

Copyright © <current year> IEEE. All rights reserved.

This is an unapproved IEEE Standards Draft, subject to change.