Recommended Action Decision (RAD) Tree Navigator

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Legend Endorsement Copyright Privacy dScribe Action

2. Does the CO contain a word, logo, slogan, or product shape ("trademark") that identifies a particular company, product, organization, or person? (As examples, the word "Raytheon," the logo of the NBC peacock, the slogan "Can You Hear Me Now?," and the product design of the iPod.)

3. Does it appear that the trademark is used to refer to, comment upon, or educate the audience about the company or product that is directly associated with the trademark?

5. Does the use of the trademark cause you to think that there is an affiliation, sponsorship, or endorsement of the University of Michigan (or the professor) by the company whose trademark appears in the CO?

6. Send to dScribe2 for review

8. Does the CO contain the face (or profile of a face) or name or voice that you recognize as a famous individual (a celebrity such as Elvis, a newsmaker such as Barack Obama, a famous scientist such as Einstein)?

9. Does the CO containing the famous face, name, or voice appear to refer to, comment upon, or educate the audience about some aspect directly associated to that famous individual?

11. Does the use of the CO cause you to think that there is an af?liation, sponsorship, or endorsement of the University of Michigan (or the professor) by the individual who appears in the CO?

12. Send to dScribe2 for review

23. Recommend an action: Permission

(UM faculty, staff, or student-created CO)

23. Recommend an action: Search or Create

(3rd party-created CO)

28. Recommend an action: Search or Create

29. Ask Faculty about CO origin

31. From the information (image, voice, name, facts, etc.) included in the CO, in its context, can you identify a particular individual?

32. From the CO, in its context, can you identify the individual as a patient?

33. Send to dScribe2 for review

34. From the CO, in its context, can you identify the individual as a UM student?

35. Send to dScribe2 for review

36. Does the individual referenced in the CO appear to have consented to the photograph, or was this taken in a public setting?

37. Does OER have permission (explicit or implicit) from the individual referenced in the CO to use their identity or identi?able information?

38. Recommend an action: Retain

* If yes to 16: [Retain: Public Domain] (CO is in the public domain)
* If yes to 18 or 21: [Retain: Permission] (OER has permission to use CO)
* If yes to 24: [Retain: Copyright Analysis] (CO may not be protected under copyright law)

39. Recommend an action: Retain

* If yes to 16: [Retain: Public Domain] (CO is in the public domain)
* If yes to 18 or 21: [Retain: Permission] (OER has permission to use CO)
* If yes to 24: [Retain: Copyright Analysis] (CO may not be protected under copyright law)

40. Recommend an action: Retain

* If yes to 16: [Retain: Public Domain] (CO is in the public domain)
* If yes to 18 or 21: [Retain: Permission] (OER has permission to use CO)
* If yes to 24: [Retain: Copyright Analysis] (CO may not be protected under copyright law)

41. Recommend an action: Permission, Search, or Create

* From 20->21->31: [Permission] (UM faculty, staff, or student-created CO)
* From 26->21->31: [Search or Create] (3rd party-created CO)