The problem with hypotheticals (which is essentially how the issue has been presented) is that there are always unstated issues and assumptions.
For example, you observe that the work was federally funded, but go on to add that there was "great . . . effort on their part". Was this effort not fully compensated by the federal government? If it was a joint venture, that is different, but if it was a Section 106 project, then I don't really understand how their effort becomes an issue. And if it was a Section 106 project, did not the agreement (contract, MOA, whatever) specify the time period allowed to produce a report? And if a report has, in fact, been produced, but the researchers simply want to continue "looking at" the collection do they have the same proprietary level they might have prior to any publication? And if, after 5 years, no report has been issued, is there a reasonable belief that one will be issued in 9 years, 11 months? And does anyone else's use of the collection preclude the original researchers' continued analysis? Is there something so earthshattering that we need any talk of proprietary rights? Are the original researchers at the curatorial facility on a daily/weekly/monthly basis "using" the collection? Was there a plan for how the original 5 years of exclusive access was to be used - and was the plan followed?
There seem to be far too many unaddressed issues here for anyone to specify an answer. In the absence of all this information, I can only say that I would find it difficult to defend the exclusivity of research paid for by the American taxpayer, particularly if no progress or publications were forthcoming after 5 years.
Best,
Mike
Michael Trinkley, Ph.D.
Director
Chicora Foundation, Inc.
PO Box 8664
Columbia, SC 29202-8664
803-787-6910
www.chicora.org
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-----Original Message-----
From: HISTORICAL ARCHAEOLOGY [mailto:[log in to unmask]] On Behalf Of Mills, Robin
Sent: Monday, August 14, 2017 2:39 PM
To: [log in to unmask]
Subject: Issues of Exclusive Use to Archaeological Data
Friends,
I find myself in a position to allow or grant "exclusive use" to an existing collection in a federally-recognized museum repository. The folks in question were allowed a 5 year period of "exclusive use" which is about to expire. They are requesting another 5 years.
The collection in question was wholly gathered by the researchers making the request, at great expense (federally supported) and effort on their part. The collection derives exclusively from federally managed lands.
I feel they have a right to work exclusively on "their" collection, but for how long?
The SAA website's "Principles of Archaeological Ethics" (Principle No. 5, Intellectual Property), indicates that "If there is a compelling reason, and no legal restrictions or strong countervailing interests, a researcher may have primary access to original materials and documents for a limited and reasonable time, after which these materials and documents must be made available to others."
The SHA's Ethics Principles webpage is silent on this issue.
So, the question is, How long is a "limited and reasonable time"? I seem to remember reading somewhere that someone suggested a timeframe not to exceed
10 years, but I can't find that again.
I'm inclined to grant the additional 5 years (for 10 years total), as the researchers actually are performing analyses and writing, and not just apparently "sitting" on the data.
Your thoughts?
Best,
Robin Mills
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