[e-drug] National guidelines for anticoagulation treatment - copyright problems

e-drug
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E-DRUG: National guidelines for anticoagulation treatment - copyright problems
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[A story of how unexpected events can impact publication of clinical guidelines based on those from other parties. It would be interesting to know more about the backstory and whether this could become an issue for developing countries that base their guidelines on those derived by private/professional groups. DB]

Colleagues

Norwegian national guidelines for anticoagulation treatment were ready for publication early this year. But publication is delayed due to copyright reasons.

The American guidelines are published by the American College of Chest Physicians, ACCP, in their journal Chest. The Norwegian guidelines are similar to the American guidelines except for atrial fibrillation which is based on the guidelines from the European Society of Cardiology.

The disagreement is linked to the guidelines being published by the Norwegian health authorities. ACCP is setting terms for publishing licence which the Norwegian health authorities cannot accept.

One way around the problem may be to publish the guidelines via a newly established professional society. But in any case there will be a delay of several months.

I am surprised and worried by this kind of dispute.

Stein Lyftingsmo
Pharmacist
Elverum, Norway
stein@lyftingsmo.no
www.lyftingsmo.no

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E-DRUG: National guidelines for anticoagulation treatment - copyright problems (2)
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Dear E-Druggers,

It's a travesty that copyright rules are being used to thwart effective
communication about clinical guidelines under mistaken notion of rights to
creative exclusivity. Clinical guidelines should be - and probably are -
in the public domain. They are not the work of individuals, but rather
collectives who appropriate expertise and judgement from many clinicians,
including from many sources in the public domain. Any reasonable
provision for "fair use" and any reasonable test for other limitations and
exceptions to copyright exclusivity would find that the permission of the
American College of Chest Physicians should be unnecessary even if they
chose their expensive journal, Chest, as their exclusive publisher of the
guidelines.

Professor Brook K. Baker

Health GAP (Global Access Project)
Northeastern U. School of Law
Program on Human Rights and the Global Economy
400 Huntington Ave.
Boston, MA 02115 USA
Honorary Research Fellow, University of KwaZulu Natal, Durban, S. Africa
(w) 617-373-3217
(cell) 617-259-0760
(fax) 617-373-5056
b.baker@neu.edu