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What is Confidential Information? - OneNDA Provision: Difference between revisions
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What is Confidential Information? - OneNDA Provision (view source)
Revision as of 10:13, 20 June 2019
, 20 June 2019→{{confiprov|Derived information}}
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{{Confidential information}} | {{Confidential information}} | ||
==={{confiprov|Derived information}}=== | ==={{confiprov|Derived information}}=== | ||
Careful with {{confiprov|derived information}} - here we are straying into the dappled world of [[intellectual property]] where a confidentiality agreement.ought not be your natural first line of defence. (Your [[ | Careful with {{confiprov|derived information}} - here we are straying into the dappled world of [[intellectual property]] where a confidentiality agreement.ought not be your natural first line of defence. (Your [[copyright]] — which is not a function of a [[contract]] — is). | ||
*'''Deriving new information from [[intellectual property]]''': So: taking copyrighted information and fiddling around with it potentially takes it outside the realm copyright. The point about copyright is that it attaches to a ''specific articulation of a creative idea''. If you take that idea and change how it is expressed — if you derive new content out of it — then, potentially, you own that new copyright, not the person whose copyrighted work you modified. You can control a recipient's ability to derive by contract, and it is fair to do so. | *'''Deriving new information from [[intellectual property]]''': So: taking copyrighted information and fiddling around with it potentially takes it outside the realm copyright. The point about copyright is that it attaches to a ''specific articulation of a creative idea''. If you take that idea and change how it is expressed — if you derive new content out of it — then, potentially, you own that new copyright, not the person whose copyrighted work you modified. You can control a recipient's ability to derive by contract, and it is fair to do so. | ||
*''' | *'''Deriving new information from [[data]]''': On the other hand, with ''non''-copyrightable data, you don’t own in the first place. Therefore, by the lights of copyright law, you did not use your creative juices to produce it<ref>If you had done, you would own copyright in it.</ref>, so a person to whom you supply that information who then uses hers to derive some new information out of is not infringing your [[proprietary]] right. You don’t ''have'' a [[proprietary]] right. | ||
===Written or oral=== | ===Written or oral=== | ||