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New EU BON Forum Paper discusses legitimacy of reusing images from scientific papers addressed

The discipline of taxonomy is highly reliant on previously published photographs, drawings and other images as biodiversity data. Inspired by the uncertainty among taxonomists, a team, representing both taxonomists and experts in rights and copyright law, has traced the role and relevance of copyright when it comes to images with scientific value. Their discussion and conclusions are published in the latest paper added in the EU BON Collection in the open science journal Research Ideas and Outcomes (RIO).

Taxonomic papers, by definition, cite a large number of previous publications, for instance, when comparing a new species to closely related ones that have already been described. Often it is necessary to use images to demonstrate characteristic traits and morphological differences or similarities. In this role, the images are best seen as biodiversity data rather than artwork. According to the authors, this puts them outside the scope, purposes and principles of Copyright. Moreover, such images are most useful when they are presented in a standardized fashion, and lack the artistic creativity that would otherwise make them 'copyrightable works'.

"It follows that most images found in taxonomic literature can be re-used for research or many other purposes without seeking permission, regardless of any copyright declaration," says Prof. David J. Patterson, affiliated with both Plazi and the University of Sydney.

Nonetheless, the authors point out that, "in observance of ethical and scholarly standards, re-users are expected to cite the author and original source of any image that they use." Such practice is "demanded by the conventions of scholarship, not by legal obligation," they add.

However, the authors underline that there are actual copyrightable visuals, which might also make their way to a scientific paper. These include wildlife photographs, drawings and artwork produced in a distinctive individual form and intended for other than comparative purposes, as well as collections of images, qualifiable as databases in the sense of the European Protection of Databases directive.

In their paper, the scientists also provide an updated version of the Blue List, originally compiled in 2014 and comprising the copyright exemptions applicable to taxonomic works. In their Extended Blue List, the authors expand the list to include five extra items relating specifically to images.

"Egloff, Agosti, et al. make the compelling argument that taxonomic images, as highly standardized 'references for identification of known biodiversity,' by necessity, lack sufficient creativity to qualify for copyright. Their contention that 'parameters of lighting, optical and specimen orientation' in biological imaging must be consistent for comparative purposes underscores the relevance of the merger doctrine for photographic works created specifically as scientific data," comments on the publication Ms. Gail Clement, Head of Research Services at the Caltech Library.

"In these cases, the idea and expression are the same and the creator exercises no discretion in complying with an established convention. This paper is an important contribution to the literature on property interests in scientific research data - an essential framing question for legal interoperability of research data," she adds.

###

Original source:

Egloff W, Agosti D, Kishor P, Patterson D, Miller J (2017) Copyright and the Use of Images as Biodiversity Data. Research Ideas and Outcomes 3: e12502. https://doi.org/10.3897/rio.3.e12502





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Julia Paskin | AirTalk

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Julia Paskin, KPCC producer and reporter who created the “Pushed Out” series; she tweets @JuliaPaskinInc

Amy Turk, CEO of Downtown Women’s Center, which advocates and offers services for women experiencing homelessness and formerly homeless women; she tweets @AmyFTurk

Nikki Brown, staff attorney at Community Legal Aid SoCal, where she has clients that are domestic violence survivors

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Britney Spears Is Headed To Court To Address Her Conservatorship. Here's What To Know

#FreeBritney activists protest outside the Los Angeles Superior Court during one of Britney Spears' hearings this April.; Credit: Matt Winkelmeyer/Getty Images

Anastasia Tsioulcas | NPR

Pop star Britney Spears hasn't been in charge of her personal life or her finances for 13 years — that's how long she has been in a court-dictated legal arrangement called a conservatorship.

But on Wednesday, the artist will be speaking directly, albeit from a remote location, to a Los Angeles Superior Court judge about her situation. What exactly she intends to say in her appearance and what her goals might be are anyone's guess.

Before then, here's a quick look at what conservatorships are and why they exist, the specifics of Spears' arrangements, the #FreeBritney movement and what Spears and others have said publicly — and privately — about her conservatorship.

What is a conservatorship, and why does one get put in place?

Typically, legal and financial conservatorships are arranged for people who are unable to make their own decisions in their own best self-interest, such as in the case of an elderly person or someone with some kind of cognitive impairment.

Why does Britney Spears have one?

The exact reasons that the 39-year-old Spears is under a conservatorship have not been publicly disclosed. She lost her autonomy 13 years ago, in 2008, after apparently suffering a mental health crisis.

During the time that Spears has lived under this arrangement, though, she has released four albums (two of which, 2008's Circus and 2011's Femme Fatale, achieved platinum sales); appeared as a judge on both The X Factor and American Idol; and had a four-year residency in Las Vegas that reportedly grossed close to $138 million. Those accomplishments don't exactly line up with the typical profile of someone unable to look after themselves.

What does Spears' conservatorship cover?

Essentially, it controls all the major aspects of Spears' life, including decisions regarding her financial, medical and personal well-being. The conservators also oversee visitation arrangements with her two teenage sons, who are under the full custody of her ex-husband, Kevin Federline.

According to Forbes, Spears' current net worth is around $60 million.

Who controls Spears' conservatorship?

Up until recently, both the financial and personal arms of the conservatorship were controlled by Spears' father, Jamie Spears.

In 2020, her lawyer, Samuel D. Ingham III, stated in a filing that Spears "strongly opposed" her father as conservator and that she refused to perform if he remained in charge of her career. Spears asked the court for her father to be suspended from his role as conservator. (He had temporarily stepped away in 2019 for health reasons.)

In February, Los Angeles Superior Court Judge Brenda Penny overruled an objection from Jamie Spears to having a third party help look after his daughter's financial affairs. A wealth-management company, Bessemer Trust, is now a co-conservator for the financial side of Spears' situation. But Jamie Spears is still the main conservator for all other aspects of Spears' arrangement.

Why is Spears planning to talk to the court now?

Back in April, Spears' legal team asked Penny to allow her to speak to the court directly about the conservatorship, and they agreed that June 23 would be the date for this to happen. At the time, Ingham did not disclose why Spears wants to speak or what she intends to say.

Has Spears ever asked for the conservatorship to end?

Up until now, Spears has never voiced a desire for the conservatorship to be removed completely — at least not publicly. In a court filing, she has stated that the conservatorship "rescued her from a collapse, exploitation by predatory individuals and financial ruin" and allowed her to "regain her position as a world class entertainer."

But on Tuesday afternoon, The New York Times reported that it had obtained confidential court records that purport to show that Spears has opposed the conservatorship privately for years. The Times quoted a 2016 report from a court investigator assigned to Spears' case, in which the investigator wrote that Spears told her that the conservatorship had "become an oppressive and controlling tool against her" and that she wanted the arrangement to end quickly.

According to the Times, Spears told the court in 2019 that the conservatorship had forced her into a stay at a mental health facility, as well as into making public performances against her will. The article further reported that the conservatorship had dictated Spears' friendships, her dating life and her spending habits, even preventing her from refinishing kitchen cabinets according to her taste.

As early as 2014, the article states, Spears wanted to consider removing her father from his prime role in the conservatorship, citing his reportedly heavy drinking.

Does Spears herself support the #FreeBritney movement?

Certain Spears fans have organized themselves into a grassroots movement — #FreeBritney — to help Spears regain autonomy over her life. The dynamics between Spears and her dedicated #FreeBritney fans are murky, as are her various declarations on social media.

In a court filing last September, her lawyer, Ingham, wrote: "At this point in her life when she is trying to regain some measure of personal autonomy, Britney welcomes and appreciates the informed support of her many fans."

On the other hand, Spears to date has never publicly asked to be released from the conservatorship and regain her autonomy — which is the main goal of #FreeBritney.

A very sympathetic New York Times television documentary, Framing Britney Spears, debuted on FX in February. The project reckons with the way the media, comedians and the music industry itself characterized Spears during her ascent to global fame and during her later, very public struggles — and it also profiles some #FreeBritney activists.

After it aired, Spears wrote on Instagram: "My life has always been very speculated [sic] ... watched ... and judged really my whole life !!! ... I didn't watch the documentary but from what I did see of it I was embarrassed by the light they put me in ... I cried for two weeks and well .... I still cry sometimes !!!!"

Some #FreeBritney supporters don't believe Spears writes her own Instagram messages, leaving them to speculate about the pop star's true feelings. But Spears reportedly told TMZ in April that she writes her own captions.

What's next for Britney Spears?

Unclear. In an Instagram video posted last week, a visibly jittery Spears professed to be answering fans' most burning questions, including her shoe size and her favorite business trip (answer: "a trip to Italy [to] Donatella Versace. ... She fined [sic] and dined us").

The last question Spears put forward to herself was a crucial one: Would she ever return to the stage again?

"I have no idea," she said. "I'm having fun right now. I'm in transition in my life, and I'm enjoying myself."

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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