OWNING THE INFORMATION

The types of applied research discussed in this book generally do not result
in patentable intellectual property but rather, data and methodologies to better
inform and initiate an effective design response. Copyright laws protect all
written material whether publication is electronic or physical.
The source of information that has been published electronically or
physically is generally acknowledged in prepared materials by including the
researchers’ names and the title of the source publication. Deviations from this policy should be expressly mentioned. There are laws governing the use
of copyrighted materials (length of quotes allowed without formal permission
from the publisher, etc.) and those laws are described on the website of the
U.S. Copyright Office (www.copyright.gov).
When both applied and theoretical research are conducted, it is important
to understand who owns the data collected and the conclusions that are
drawn after those data are analyzed. Generally, the person who funds or
sponsors the research owns what is learned. The funding documents usually
lay out all the details of who controls what, in which ways, for how long. Data
that are owned by someone else can only be used when that ownership is
acknowledged and any required payments are made and/or permissions are
provided.
Using published data-gathering tools pose a particular dilemma. If you
use a survey that has been published in a journal for your own nonacademic
project, it is best to obtain the written permission of the journal that published
the survey because it owns the copyright. Some surveys are only available if
a fee is paid to the firm that owns them. For example, the Myers-Briggs test
belongs to CPP, Inc., and any use of the questions contained in the test that are
not cleared by CPP is a violation of copyright law. Sophisticated anti-plagiarism
software is increasing the frequency with which material used without
permission is identified.
When a firm has a body of knowledge and has written even short publicly
available papers presenting it, those articles can be cited in reports to clients
and other similar materials. Those citations increase the perceived value of
working with a firm.
Questions of ownership can become murky. When in doubt, seek legal
counsel.