Bowling Green, KY asked in Copyright and Intellectual Property

Q: After paying to access academic research, am I free to reference the data (w/ citation) in my own publications?

A lot of academic journals, articles, etc. are only available to read behind paywalls. If I am looking to reference data, experiments, research, etc. from these resources in a digital publication can I do so freely? Moreover, can I/my organization still claim copyright/IP over the new publication? This is assuming we have paid to access the research and would cite the sources.

To be specific, in this case, anything we were to publish would be free to consume, available through a nonprofit organization's website. I'm not sure if this counts as "commercial," as the nonprofit can receive donations but does not receive any monetarily gain from someone reading the published content. This is a Kentucky nonprofit but it operates digitally with content that can theoretically be accessed from anywhere.

2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
  • Intellectual Property Lawyer
  • Mesa, AZ

A: You need to consult with an attorney.

Review the terms and conditions of the site.

1 user found this answer helpful

A: If it is strictly information that you would be passing along (as distinguished from copying the expression of it), then you wouldn't have a copyright problem. You might, however, have a breach of contract problem if your use of the website or the information published there violates the site's Terms of Service. In addition, a few states recognize tort claims for "appropriation of information." Start by looking at the Terms of Service; then consult an attorney.

1 user found this answer helpful

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