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This Presentation Background on Issues Authorship Inventions NIH Policies for Proposals Technology (Software) Licenses and Examples Open Discussion
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All Hands Meeting 2004
Intellectual Property Task Force
Anders Dale, Jeff Grethe, Amarnath Gupta,Ron Kikinis, John Lauriello, Steve Pieper, Gary Glover
IP Task Force Mission
Develop policies for publication of experimental results by BIRN members and those who use BIRN data/technology
Develop policies for dissemination of BIRN technology within BIRN and to outside investigators, e.g. image analysis algorithms, software, paradigms, protocols
Develop policies for dissemination of BIRN data to outside investigators
This Presentation
Background on Issues• Authorship• Inventions• NIH Policies for Proposals• Technology (Software) Licenses and Examples
Open Discussion
Harvard Authorship Policies (Motivation)
Authorship• Substantial and Direct Intellectual Contributions• Intellectual Responsibility• Review and Approve Final Manuscript
Acknowledgement• All Other Significant Contributions (Funding, Lab Space,
etc.) http://www.hms.harvard.edu/integrity/authorship.html
BIRN Authorship Policies
Vary by Testbed• Consortium as (Senior) Author
FIRST BIRN most consistent, Some Cross-Testbed Examples Grethe JS, Jovicich J, Martone ME, Pieper S, Brown GG, Ellisman MH,
Gollub RL, Brain Morphometry BIRN, Mouse BIRN, FIRST BIRN, BIRN Coordinating Center (2003) The Biomedical Informatics Research Network: Educational and Teaching Resources. Society for Neuroscience Annual Meeting, New Orleans, USA.
Acknowledge BIRN and Individual Grants• Example
The authors would like to thank all the past and current Slicer developers. Special thanks to David Gering, Lauren O’Donnell and Nicole Aucoin for significant design and engineering contributions. This investigation was supported by NIH grant P41 RR13218 and the Biomedical Informatics Research Network (www.nbirn.net).
• Question: Should ALL Site’s Grants be Acknowledged?
Invention Policies (Patents)
Partners / BHW Corporate Sponsored Research and Licensing• No Up-Front Agreement on Patents• Intellectual Property Law Provides Ample Precedent to
Determine Inventorship• Wait Until Something Worth Patenting is Invented, then
Determine who Invented it and to what Extent.• Each Inventor’s Interests may be Governed by Prior
Agreements with their Institutions NSF ERC Consortium as Example
• Much Time can be Spent Defining Rules which Don’t Apply in Practice
NIH Policies and BIRN Proposals
Morphometry BIRN Letter of Intent to Share Signed by Each Applicant Site• NIH Requirement: The applicant and all Investigators, with their
business officials, must provide assurances of their intention to share promptly and widely with the broad research community, as appropriate: data; tools, including software and databases; and scientific and technologic best practices and processes developed in the test bed, including those in collaboration with other BIRN test beds and the Coordinating Center.
• NIH Requirement: The applicant must agree to develop, with the other test beds and the Coordinating Center, policies and procedures that facilitate access by the scientific community to the BIRN infrastructure and test bed resources.
Some Issues:• Does not Specify License Type or Cost of License
Software Licenses
Open Source• Gnu Public License (www.gnu.org)
“Copyleft”, must distribute source code, must distribute modifications
E.g. Linux• “Berkeley” Style or “MIT” or “X” License
No Copyleft, preferred to enable commercialization• Non-Commercial Licenses
Common for research packages• Non-Clinical Licenses
Limit liability, e.g. Slicer
Binary Only Licenses
Copyright
Reflects Ownership and Control• Happens Automatically with Creation• Should be Noted on Creation (e.g. This Talk is Copyright
2004 Steve Pieper, All Rights Reserved!)• Can be Registered with Trademark Office
Can Be Transferred or Retained• E.g. Many Bug Fixes to Linux Become Copyright Linus
Torvalds, other Modules Retain Author Copyright• Contributions to VTK Become Copyright Ken Martin, Will
Schroeder, Bill Lorensen• NLM ITK Project Established the Insight Consortium as
Copyright Holder
Example: Morphometry BIRN Tools
Freely Available For Research UseTool Purpose Source
Code Restrictions on Use
Web Site
3D Slicer Visualization, Protocol Neutral Segmentation, Query Atlas
Yes Non-clinical use only
www.slicer.org
Freesurfer Protocol-Specific Segmentation
No Non-clinical, non-commercial research only
http://surfer.nmr.mgh.harvard.edu
LDDMM Morphometric and DTI Shape Analysis
No Must be accessed through JHU or BIRN Portal
http://cis.jhu.edu/software/lddmm
LONI Pipeline Grid Enabled Processing Environment
No Non-clinical, non-commercial research only
http://www.loni.ucla.edu/NCRR/Software/Pipeline.html
Duke/UNC Tools Protocol Neutral and DTI processing
Yes Research Use only http://www.cs.unc.edu/~gerig/soft.html
Discussion Issues
Jointly Developed Software• BIRN ID Generator Example• Non-Software IP: paradigms, schemata, derived data…
Pre-Existing / Contributed IP• From other Grants / Agencies / Companies…• Ongoing Coopetition
Use by Other Entities• Commercialization, Citation, Copyleft?• What is Our Process for Approving
And More….
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