It is actually relevant to have this information in the ?Use? as it is a 
reasonable place to look to see constraints on use and how it should be 
implemented in systems.

No reason why it can?t be in a dedicated/purpose-built place as well.

Heather

From: openEHR-technical [mailto:openehr-technical-boun...@lists.openehr.org] On 
Behalf Of Grahame Grieve
Sent: Thursday, 13 November 2014 8:07 PM
To: For openEHR clinical discussions
Cc: Openehr-Technical
Subject: Re: Archetypes - new meta-data elements for 3rd party copyrights?

my advice from LOINC/regenstrief is that it does apply

Grahame


On Thu, Nov 13, 2014 at 8:01 PM, Thomas Beale <thomas.beale at 
oceaninformatics.com<mailto:thomas.beale at oceaninformatics.com>> wrote:

Something that has become clear in CIMI, and will affect openEHR, 13606 and 
most likely any archetype developer is that acknowledgements of 3rd party 
copyrights and trademarks need to be made. The most obvious common one is 
likely to be for SNOMED CT codes in archetype bindings (Stan Huff at 
Intermountain is still working on whether such acknowledgements are needed for 
LOINC codes). However, it could be for anything, e.g. rights to use a scale 
like Barthel or Waterlow.

At the moment there is no dedicated place in the model for this particular 
meta-data. It could just go in 'other_details' but I suspect that we need to be 
more precise than that. Consider for example, the openEHR Barthel scale 
archetype - it currently carries this text in the 'Use' section:
Note:
The Maryland State Medical Society holds the copyright for the Barthel Index.  
It may be used freely for non-commercial purposes with the following citation:
Mahoney FI, Barthel D.  ?Functional evaluation: the Barthel Index.?
Maryland State Med Journal 1965;14:56-61.  Used with permission.

Permission is required to modify the Barthel Index or to use it for commercial 
purposes.
This seems less than optimal, and is certainly not going to be reliably 
tool-separable from the main 'Use' content, since the word 'Note:' and the 
placement of this text are purely local choices.

There is another issue here. The acknowledgement text actually included in the 
archetype needs to be minimal, and as far as legally possible not contain 
volatile elements that can change. Therefore, I think the general approach 
needs to be as is typically done with open source licences: not including the 
whole text, but including a reliable URL to the licence text either from the 
issuer (e.g. Creative Commons CC-BY page) or an agreement between the publisher 
and the licensor (e.g. between IHTSDO and CIMI for the use of SNOMED CT, and 
details of that use).

I have updated the meta-data page on the wiki 
<http://www.openehr.org/wiki/display/ADL/Knowledge+Artefact+Meta-data> to 
indicate what I think is the requirement - see end of the main table.

I am increasingly of the feeling that we need to act on this soon.

- thomas

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