Ownership of Data
Data contributed to mindat.org remains your copyright within the following constraints:
- You grant mindat.org permanent rights to use and redistribute for non-commercial means all data that you have submitted.
- You have the right to use any material you have submitted to mindat.org for any other purpose you see fit.
- You do not have the right to request data you have entered be removed from the project (except for photographs, we do allow you to remove/delete photographs you have entered into the system).
- Your content may be edited by editors and/or other members to extend, enhance, correct or replace content you have provided, you do not automatically have rights to reuse subsequently edited versions of content you have provided for any other use.
- You are not allowed to use any material retrieved in any form from the mindat.org website for any commercial purpose, or for use in any other database or website project without the express permission of mindat.org.
- mindat.org retains database and compilation copyright over the collection as a whole.
As mindat.org is subject to UK Copyright law, you do not have to specifically put a copyright message next to your content (and indeed we would discourage this, as it is misleading for those who would want to edit and extend your text), as copyright is granted by default. However, it is advisable to put copyright messages with your uploaded photos to remind people that they are not necessarily free for anyone to take and use/abuse.
When uploaded to mindat you can expect your photos to be used:
- In your personal gallery
- In the gallery for mineral pages, and if good enough, as the head photo on the mineral page.
- In the gallery for locality pages.
- If good enough and lucky enough, as photo of the day.
- In conjunction with search results (eg, show me all Fluorite photos from England)
It is for these core uses ONLY that the uploader cannot at a later date withdraw permission from mindat for use.
Any other use within mindat, for example as part of an article or blog, can be rejected and overruled by the photographer at any time, and for any reason.
- 1 What is the copyright status?
- 2 Why copyright it at all? Why not make it freely available
- 3 I have a genuine reason that I'd like to use your data in my project, can I?
- 4 Copyright of Photographs
- 5 Our own restrictions of use
- 6 Can I download the data for personal use?
- 7 Is the database backed up?
- 8 What happens if mindat.org disappears?
What is the copyright status?
Many people have asked about the copyright status of mindat.org, so this page attempts to explain what copyrights mindat.org is protected by, and why, and what you can and cannot do with the data in this site.
Different elements of this site are protected in different ways and for different reasons.
The program code that was created to host and run the mindat.org database is the copyright of Jolyon Ralph, portions of this code are also copyright of Mysterious Ways Developments Ltd. Some other portions (such as the Phorum messageboard) use open-source software.
Mineral and Location Data
Individual items of information (such as scientific data for a mineral, or the name and location for a mineral locality) are regarded as facts rather than a artistic or technical creation, and as such cannot be copyrighted. This means you are free to take individual pieces of information and use them in any way you wish - for example to copy a location name for your mineral label.
The database as a whole however is covered by database copyright (inside the European Union this is covered by directive 96/9/EC and others, there are similar laws in the US and other countries). This says that a database of information can be protected by copyright even if the individual component items of the database are primarily scientific facts - in the same way that individual words cannot be copyrighted, but when combined into a book then end result can be.
It's actually a little more complicated than this - there are individual items of information that are included within the data, primarily the descriptions of localities which are copyright-able elements themselves, therefore the database as a whole is the copyright of mindat.org, containing elements that are either scientific facts (not copyrighted) or text created by contributors (remains the copyright of the contributor).
Why copyright it at all? Why not make it freely available
Mindat.org relies on user contributions to improve the quality of our database. When a mistake is spotted it is corrected. Because we have one central 'master copy' and there are no other publicly available copies of this data, once a mistake is corrected, it is corrected for good. In the traditional world of print, if a mistake creeps into a book or a magazine, then it is there forever. If we allowed free use of our mindat.org database then we would see countless other copies of it available on the internet, on CD, and in print, each of which would be out of date almost the minute they are downloaded. We would no longer have a simple way to correct mistakes - once a mistake is copied and duplicated, we have lost control of it, and the mistake will get perpetuated forever. We need to protect the copyright of our database so we can protect the integrity of the database and the integrity of the mindat.org name.
A secondary concern is to prevent other people trying to take the database that our contributors have worked hard on and use it for their own agenda (eg for commercial means).
Of course, mindat.org remains free for you to use, and access to data on the site will remain free, and we have put protections in place to ensure that, see below.
I have a genuine reason that I'd like to use your data in my project, can I?
Please talk to us - we're happy to try to help people use our data in a responsible way. Note that we are unlikely to agree to something that allows significant portions of the database to be copied out of the site unless they are linked in such a way that updates to mistakes on mindat.org automatically update and change the copy that you are using, for example using an XML feed. We are also restricted in what we can and cannot allow permission for, see below.
In certain cases we will build interfaces for you to help you use our data. For example, the mineral list within the Wikipedia online encyclopedia is generated automatically from a list provided by mindat.org. This list of data is provided under the standard Wikipedia licence for use without any further restrictions.
Copyright of Photographs
Our own restrictions of use
Because of the complex copyright situation that the mindat.org database is covered with, we are even restricted in using the data ourselves for commercial purposes without arranging clearance with every contributor. This means that we cannot, for example, put mindat.org data into books, onto CDs, use the images to sell T-Shirts etc. without clearing each item of information and each photograph with contributors for this purpose. In some cases we may wish to do these sorts of things (selling T-shirts is something we are probably going to do), but we will make sure we have written permission for every image that we wish to use.
Can I download the data for personal use?
At the moment no - not just because of the copyright issues but also because the load on our servers for allowing such large downloads would be too much for us to deal with at the moment. However, we are looking at ways that data can be downloaded for personal use (this would not include items that could be regarded as copyright-able, such as the description fields and the photo library) and we would be happy to discuss with anyone interested in using such data ways to work together.
Is the database backed up?
Regular mindat.org visitors will remember that we had a nasty crash in early 2005 that lost about 3 weeks of data entries (some of which we were later able to automatically recover). This embarrassing incident was caused because our remote backup service had stopped working in such a way that we were unaware it was 3 weeks out of date. This was combined with a catastrophic failure on the mindat.org server hard disk.
We went out and spent nearly $3000 on a new server with mirrored hard disks for redundancy, and have a second server dedicated for backup the other side of London. Every night the databases are synchronized between the two systems, and alerts are generated if this procedure fails (which it has done once or twice due to network problems).
What happens if mindat.org disappears?
Mindat.org is the main outreach program for the Hudson Institute of Mineralogy (not-for-profit research, cultural and educational entity chartered by the Board of Regents of the University of the State of New York in 2003 and is a 501(c)(3) not-for-profit organization) This will provide a vehicle for continuation of the mindat.org project if some members of the project are no longer able to continue on. The board of Hudson is committed to continuing this project and seeing that it is freely available on the internet.