VIC Is Measurements Data Subject to Copyright?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

kjjbryan

Member
4 November 2016
2
0
1
My interest is in the science of the golf swing.

About 10 years ago, Titliest (International Golf Company) did very comprehensive swing measurements of 3 very well known professional golfers. They then used these measurements in software simulations, website publications, etc., to purport to explain how the swing works. The measurements are presented in about 50 graphs. Taking these measurements requires very expensive and sophisticated equipment which I don't have access to.

They have not been successful in explaining the swing because, I believe, they have interpreted the measurements incorrectly. I have come to different conclusions by using my own modelling techniques together with their measurements graphs.

I am writing a book, hopefully for profit, that would, in part, compare and interpret their graphs with my own research. I understand that the graphs as published in their software, website, papers etc. would be subject to copyright but what of the data measurements?

Can I redraw those graphs (using their data) and present them differently? Can the measurement data be considered as fact and therefore not subject to Copyright?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
Nah.
That sounds like you would be infringing.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
And probably against their IP, not just copyright.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
Copyright is the relevant form of IP in this case....
 
  • Like
Reactions: Iamthelaw

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
And probably against their IP, not just copyright.
Not sure what you mean by this.

As Tim says, it would be infringing. The charts/graphs would probably be classed as an original artistic work, probably drawing under s10 as drawing can include diagram, map, chart or plan.
 

Kim Walters

Well-Known Member
LawConnect (LawTap) Verified
18 July 2016
46
15
189
Australia
lawtap.com
There is no copyright in measurement data because that is not a type of work protected under copyright law. If you copy and redraw those graphs, whether there is copyright infringement, will depend on the following:

(1) Their graphs are original works (if their graphs are not original works, there can be no "copying"), and

(2) You will need to copy a "substantial" portion of the work for there to be copyright infringement. Substantial does not necessarily means in terms of quantity, but, rather, in terms of quality. Therefore, if you only copy a small part but it goes to the heart of the work in terms of the quality of what is taken, there will be copyright infringement.

It is a question of degree whether there is actual copyright infringement and it will differ from case to case depending on the facts. Copyright is about the quality of what is taken and not the quantity.
 
  • Like
Reactions: Tim W

kjjbryan

Member
4 November 2016
2
0
1
Kim,

Thank you for your reply. It is important that I clarify your meaning. I understand that the graph as published in a book, website etc is subject to copyright. However, if I totally redraw the graphs using a different graphing tool but retain the sames axes and use their measurement data, is there an infringement?

As a different example, I see on a real estate website that a block of land measures 100 metres by 50 metres. On my website, I redraw the block and use their measurements.
 

Kim Walters

Well-Known Member
LawConnect (LawTap) Verified
18 July 2016
46
15
189
Australia
lawtap.com
Hi Kjjbryan

I cannot give you a definite answer without a consideration of your particular facts and the law.

Generally, unless a person holds a patent in a method, there will be no protection for any process they have used. If you create a new drawing that is mostly your creation and as a result of your skill and effort (without copying), you will own the copyright in the work. There is no IP protection for measurement data.