When the American Academy of Forensic Sciences (AAFS) established a Standards Board (the ASB) to "work closely with the [OSAC] Forensic Science Standards Board and its subcommittees, which are dedicated to creating a national registry of forensic standards," 1/ ASB demanded the copyright to all standards, no matter how little or how much it contributes to the writing of the standards. It insists that "the following disclaimer shall appear on all ASB published and draft documents:
Moreover, "[u]nless expressly agreed otherwise by the ASB, all material and information that is provided by participants and is incorporated into an ASB document is considered the sole and exclusive property of the AAFS Standards Board. Individuals shall not copy or distribute final or draft documents without the authorization of the ASB staff." 2/All rights reserved. Unless otherwise specified, no part of this publication may be reproduced or utilized otherwise in any form or by any means, electronic or mechanical, including photocopying, or posting on the internet or on an intranet, without prior written permission from the Academy Standards Board, American Academy of Forensic Sciences, 410 North 21st Street, Colorado Springs, CO 80904, asb.aafs.org.
Copyright © AAFS Standards Board [year]
The phrasing "is considered" departs from the ASB's own guidance that "[t]he active voice should be used in sentences." 3/ Who considers draft documents written by OSAC members "the sole and exclusive property of the AAFS Standards Board"? The ASB? The OSAC? The courts? Why should they? OSAC is not furthering the public interest by giving a private organization a monopoly over its work products. It should retain the copyright and reject the AAFS's unenforceable 4/ "no copying, no distributing" philosophy via a Creative Commons Attribution license.
NOTES
- Foreword, ASB Style Guide Manual for Standards, Technical Reports and Best Practice Recommendations (2016), https://asb.aafs.org/wp-content/uploads/2016/01/AAFS-Style-Guide-Manual-for-Standards-2016.pdf.
- Id. at 12.
- Id. at 1.
- The asserted restriction on reproduction cannot be enforced literally because many reproductions are fair uses of the copyrighted material. That is what allows me reproduce the material quoted in this posting without ASB's permission. Arguably, reproducing an entire standard for noncommercial purposes would fall under the open-textured fair-use exception of 17 U.S.C. § 107.
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