1. Intellectual Property Policy and Procedures
ASTM International
Intellectual Property Policy and Procedures

2. Copyright Constitutional Clause:
“The Congress shall have power to promote the progress of
science and useful arts, by securing for a limited time to
authors and inventors the exclusive right to their respective
writings and discoveries…”
U.S. Constitution art. I, § 8, cl. 8
Copyright Act (17 U.S.C. §101)
“Original works of Authorship”
“Fixed in a Tangible Medium”
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

3. What are the rights protected? Reproduction
Who can Copyright?
Author
Employer (Work-for-Hire)
Assignee
What are the rights protected?
Reproduction
Derivative Works
Distribution/Sale
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

4. How does ASTM acquire ownership/copyright? Assignment
Membership Application
“You agree, by your participation in ASTM…
to have transferred and assigned any and all interest
you possess or may possess, including copyright,
in the development of ASTM standards or ASTM
IP to ASTM.”
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

5. Intellectual Property Policy
V.D. By participating in any ASTM International technical committee and/or participating in the creation, development and/or adoption of ASTM IP,
participants and committee members acknowledge
that the copyright to such IP resides in ASTM. Each ASTM member transfer[s] any and all ownership interest, including copyright to ASTM. If
requested, you agree to execute any and all additional documents necessary and appropriate to transfer
and effectuate ownership of such rights…
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

6. Right From The Beginning
When does a standard/draft become ASTM IP?
Right From The Beginning
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

11. Working Document Caveats
Use: Ballot Items – New Standards
This draft document is not an ASTM International standard; it is under consideration within an ASTM International technical committee but has not received all approvals required to become an ASTM International standard. It shall not be reproduced or circulated or quoted, in whole or part, outside of ASTM International Committee activities except with the approval of the Chairman of the Committee having jurisdiction and the President of the Society. Copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA All rights reserved.
Use: Ballot Items – Revisions
This standard is under consideration for revision within an ASTM International technical committee. The revisions proposed have not received all approvals required to become an ASTM International standard. It shall not be reproduced or circulated or quoted, in whole or part, outside of ASTM International Committee activities except with the approval of the Chairman of the Committee having jurisdiction and the President of the Society. Copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA All rights reserved.

12. When/How does a Research Report become ASTM IP?
Again, From The Beginning and
From Assignment (or Work-For-Hire)
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

13. On the Research Report:
Research Reports
On the Research Report:
This ASTM International Research Report contains proprietary information and/or data generated from conducting an ASTM Test Method. The purpose of this information is solely to validate the ASTM Test Method. The data and analyses may not be reproduced, circulated or quoted, in whole or part, without written permission from ASTM International. Copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA All rights reserved.

14. On Information Provided to the Round Robin Coordinator:
Research Reports
On Information Provided to the Round Robin Coordinator:
The information and/or data contained here was generated from conducting an approved or draft ASTM International Test Method, and is intended to be included as part of a copyrighted ASTM International Research Report. The purpose of this information is solely to validate the ASTM International Test Method. This information and/or data is under consideration within an ASTM International technical committee but has not received all approvals required to become part of an ASTM International standard. The data and analyses may not be reproduced, circulated or quoted, in whole or part, without written permission from ASTM International. Copyright ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA All rights reserved.

15. On Web Page Where Labs Enter Data
“You agree the data generated as a result of the proficiency testing services and
provided to ASTM is confidential information and you further agree not to disclose
or provide this data to anyone else without ASTM’s written consent. You also
acknowledge and agree that the report generated as a result of this proficiency
testing program will be copyrighted by ASTM International. You may however share
data with an accreditation body for auditing purposes only. You hereby assign to
ASTM any rights you may have in data you provide to ASTM International by
clicking on the link.”

16. E-mail Labs Receive to Access Data:
Please note that on the inside cover you will see the ASTM
copyright statement. This statement is provided to prevent the
republication and distribution of the report by others who may
obtain copies somehow. It is not intended to prevent you from
making appropriate copies for use within your own laboratory.
You also agree that the data you provide is confidential and will
not disclose it to anyone else without ASTM’s written consent.

17. JOINT STANDARDS DEVELOPMENT
Means Sharing IP
If ASTM IP, must follow ASTM Practice
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

20. If Another’s IP (ISO, EI, API) Need to follow: ASTM Procedure:
ASTM IP Policy V1.4.2:
Staff should obtain written permission from
other organization
Other Organization’s Procedure(s) – if any
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

21. TRADEMARKS ASTM Logo Policy: Cannot be used to signify or imply
approval or certification by ASTM of
Business, Product or Services
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004

22. PATENTS Reg. 15: Preference for Generic Standard w/o Patents
Committee determines if Patent necessary for
inclusion
Final standard must include FN asking for alternatives
Committee must promptly consider alternatives
Related: Reg.
F+S F.4 Specific Sources of Supply
11, 775 total standards as of 12/31/07
3018 total standards actions in 2007 – review and revision of 25% of ASTM’s standards portfolio
VM’s-473-reflects 11% increase over 2006 and 100% increase since we offered use of technology in 2004