A 5 page discussion of the legal and ethical issues involved in the resell of research material which was originally contracted from a campaign analyst, Pat Parker, and the Democratic Party. The questions of who holds copyright to the material which was generated and the legalities and ethics of a subsequent sale by the campaign analyst are reviewed. No additional sources are listed.
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The Pat Parker Case study illuminates the legal and ethical issues involved in the resell of research material which was originally contracted from a campaign analyst, Pat
Parker, and the Democratic Party. Considering the implications of this research it must be taken into consideration that the Democratic Party could potentially already hold copyright interest in the
research. This determination could only be made based on an examination of Parkers contract for the initial job (Exhibit 8 of the Parker Case Study), an examination for which
the determination of copyright ownership apparently varies according to who is conducting the investigation. Parker interprets the contract as awarding her ownership of the research, an interpretation which would
include the right to resell. Copyright law provides that "work for hire" be expressly agreed on in writing as being "specifically ordered or commissioned". While a contract was
completed between Parker and the Democratic party, the terms of that contract are subject to debate as to how copyright should be interpreted.
If the Democratic Party does indeed hold copyright interest to the research conducted by Parker, any subsequent sale by Parker of the material in question would be not only illegal
but unethical. If this is the case, the consideration of whether it is legal for the Trial Lawyers to give the research to the Party would be moot.
Perhaps the most convincing argument which can be made in regard to the rightful copyright holder of Parkers research is that she had the foresight to include the notification in
the original work that: "Pursuant to the Agreement for research and consulting services between the
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