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Re: unusual copyrighted document question.



In a message dated 10/12/2001 12:42:46 AM Eastern Daylight Time, tomnvic@EARTHLINK.NET writes:


Yes - I have a question.  I have had a number of  copyrighted documents
presented to me that came from a large HMO.


First  -- Were the documents provided to you by the HMO? If not then they might be considered stolen property if they were not legally transferred to you by the HMO.




Considering the nature of these papers, with their copyright status, my
queries to the legal field have advised me to not publish them.

Second -- HIPAA may also apply. Once again who donated/provided the materials to you play a major role in this issue.



Does anyone have a suggestion as to how this copyright problem can be
circumvented?  The content of these papers is not proprietary, unless you
consider substandard to be so.


If the information was developed by the HMO and published internally by the HMO then they do own the information contained within the report. Or was the report one required by state and/or federal regulation? They may or may not be a public record. I would go back to the attorneys you have talked with and provide them with a complete history of how the reports were obtained by you.

Finally some answers can only be provided if we know what jurisdiction you are located in.



Peter A. Kurilecz CRM, CA
Richmond, Va
pakurilecz@aol.com