united-states copyright
US Can public survey or experimental data be used in profit content if cited?
<p>If I'm looking to build an app or write a book and I wish to use statistics, am I allowed to basically use their numbers as long as I cite where it is coming from? If I do make a profit from it, do I owe any royalties to the original scientists/surveyers? Must I ask them for permission?</p>

<p>Currently, the poll data in question is from this website but I'd like to know what's within bounds. The data is from various major media outlets like FOX.</p>

<p><a href="http://www.realclearpolitics.com/epolls/2016/president/us/2016_republican_presidential_nomination-3823.html" rel="nofollow">http://www.realclearpolitics.com/epolls/2016/president/us/2016_republican_presidential_nomination-3823.html</a></p>

<p>My intuition pulls me towards thinking that I see books reference hundreds of studies all the time and public polls should be open information to everyone, but on the other hand commercial interests may be legally entangling.</p>

<p>I'm not experienced at all in law, so I'd like to hear what you think. Thanks</p>

<h2>Copyright</h2>

<p>Prominent at the bottom of the page is:</p>

<blockquote>
  <p>© RealClearPolitics 2015</p>
</blockquote>

<p>This is nice because it tells you who you have to approach for a licence. If it wasn't there the <strong>material would still be copyright</strong> you just wouldn't know who owned the copyright.</p>

<h2>Questions</h2>

<p>So:</p>

<blockquote>
  <p>If I'm looking to build an app or write a book and I wish to use statistics, am I allowed to basically use their numbers as long as I cite where it is coming from?</p>
</blockquote>

<p><strong>No</strong>, unless what you do constitutes <a href="http://www15.uta.fi/FAST/PK6/REF/fairuse.html" rel="nofollow">fair use</a> and I don't think it does.</p>

<blockquote>
  <p>If I do make a profit from it, do I owe any royalties to the original scientists/surveyers?</p>
</blockquote>

<p><strong>No</strong>, but you would owe whatever licence fee you negotiated with the copyright holder, ostensibly RealClearPolitics. </p>

<blockquote>
  <p>Must I ask them for permission?</p>
</blockquote>

<p><strong>Yes</strong>, unless you are OK with running the risk of being sued.</p>

<h2>Commentary</h2>

<blockquote>
  <p>I see books reference hundreds of studies all the time </p>
</blockquote>

<p>This is because they are generally protected by <a href="http://www15.uta.fi/FAST/PK6/REF/fairuse.html" rel="nofollow">Academic Fair Use</a></p>

<blockquote>
  <p>public polls should be open information to everyone</p>
</blockquote>

<p>The only public poll that I know of is an election and that information is available. What you are looking at is a private poll commissioned by and paid for by RealClearPolitics and it is their intellectual property; why should that "be open information to everyone"?</p>

<blockquote>
  <p>commercial interests may be legally entangling</p>
</blockquote>

<p>Always</p>
