Thank you for your feedback, Kathy. I agree with you. If you are the author of a paper or report you should be able to cite it as an example of your work unless there is a contractual prohibition. Which I have never encountered in my 30 years as an evaluator. I was always led to believe that if the federal government funds or pays for an evaluation or some other relevant work, that they are either a primary or secondary owner of the product. The product is public domain unless there is an agreement to an imitation of dissemination because of confidentially or "top secret " work.
John
John J. Usera, Ph.D. & Associates, Inc.
Delta Evaluation Consulting, LLC
Sturgis, SD 57785
------Original Message------
I'm not a lawyer, but if you're actually credited on the document in question as (co-)author, I'm not sure how you can be prevented from claiming authorship, as long as you also note that the work was done while working for whoever your employee was at the time. When I worked for a company that prepared reports for an outside entity that had funded the work, those who authored the report would subsequently list in their CVs as:
Author1, Author2, ... AuthorN. "Title of Report" Report prepared by MyCompany for OutsideFundingEntity. Year.
If individuals weren't noted on the report's title page, people didn't list in their CVs.
My understanding was/is that this is standard practice.
However, I should note that in my case at least, the OutsideFundingEntity was always part of the US government. It might be that the practice is different if the outside funders are a company, and some sort of NDA or other confidentiality agreement is involved.
Who "owns" a document is a different question than who holds the copyright, let alone who can claim authorship. If I own a letter from a living celebrity, I can sell it if I want, but I can't publish it without writer's permission.
>>Kathy
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Katherine Godfrey
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Original Message:
Sent: 07-26-2015 16:12
From: John Usera
Subject: Who owns an evaluation report?
Before I started up my own evaluation and consulting firm I had authored or coauthored over 100 program evaluation and needs assessment reports for another organization. They are now claiming that the evaluation reports belong to their organization and I should cease and desist from referencing or referring to these reports as part of my previous work.
I had always understood that the client or funder owned the evaluation reports and thus had the right to determine how to disseminate or distribute the product. The producer organization and the author(s) did not own the report and thus could not put a limitation on how the report could be used or disseminated. The owner could give me permission to put the report on my company website or distribute copies of the report to potential clients.
Could someone give me some feedback, either legal precedence or professional practice, regarding the ownership of a program evaluation report, needs assessment report, or any type analytical report (e.g., epidemiological study) funded by an organization or governmental agency. Also, do I have the right to update my address on these reports if I have access to reports from the funder.
Thank you for any assistance on this topic.
John J. Usera, Ph.D.
Delta Evaluation Consulting
Sturgis, SD