arirangkid
Junior Member
What is the name of your state (only U.S. law)? New York
Hello everyone. I did a search and couldn't find an answer to my exact problem. I am a physician, I am making an iPhone application that takes clinical care algorithms that have been published in medical journals as "flowcharts" and reworking them into a "calculator" using the iphone. These algorithms are varied (I don't want to go into specific details) but they presumably publish them because this is the standard of medical practice that they would like the medical community adhere to and this is how they promote them.
Here is what I am doing. My goal is the make it much easier for physicians to actually utilize these published flowcharts and in so doing, provide better care that adheres to best practices. To do this, I am collecting a bunch of these algorithms and integrating the into an app for the iPhone. Instead of having to deal with a crazy flowchart, you just click a few buttons and "WahLah!", you have your action plan.
So here are my questions:
1) Is this considered "Fair Use" because I am reworking the algorithms to work more like a calculator, although I do plan on referencing the original sources and will be quoting blocks of text from the various papers. You will not see the actual flowcharts that were published. Also, I do believe that there is an argument that this would provide a significant benefit to the public (patients) because I am making key information more easily accessible to these physicians.
2) How much difference would it make if I put this out as a free application versus a paid app (to cover my expenses).
3) I am hesitant to contact the journal publishers preemptively because I am afraid they will say "no", especially if they haven't even seen the application yet. I think I know what you'll say to this question, but wondering about taking a "ask for forgiveness later approach". I feel like I may have more of a voice if I already had a successful "free" app out there that people were downloading, at which point I could work with them as needed to put out a paid app.
4) Given this situation, I am guessing that I should register with the app store as an LLC versus under my own personal name?
Really appreciate your insight and thoughts. I have been working on this for a while but am afraid that the whole copyright issue is going to throw a huge wrench into my plans.
Thanks,
ATKWhat is the name of your state (only U.S. law)?
Hello everyone. I did a search and couldn't find an answer to my exact problem. I am a physician, I am making an iPhone application that takes clinical care algorithms that have been published in medical journals as "flowcharts" and reworking them into a "calculator" using the iphone. These algorithms are varied (I don't want to go into specific details) but they presumably publish them because this is the standard of medical practice that they would like the medical community adhere to and this is how they promote them.
Here is what I am doing. My goal is the make it much easier for physicians to actually utilize these published flowcharts and in so doing, provide better care that adheres to best practices. To do this, I am collecting a bunch of these algorithms and integrating the into an app for the iPhone. Instead of having to deal with a crazy flowchart, you just click a few buttons and "WahLah!", you have your action plan.
So here are my questions:
1) Is this considered "Fair Use" because I am reworking the algorithms to work more like a calculator, although I do plan on referencing the original sources and will be quoting blocks of text from the various papers. You will not see the actual flowcharts that were published. Also, I do believe that there is an argument that this would provide a significant benefit to the public (patients) because I am making key information more easily accessible to these physicians.
2) How much difference would it make if I put this out as a free application versus a paid app (to cover my expenses).
3) I am hesitant to contact the journal publishers preemptively because I am afraid they will say "no", especially if they haven't even seen the application yet. I think I know what you'll say to this question, but wondering about taking a "ask for forgiveness later approach". I feel like I may have more of a voice if I already had a successful "free" app out there that people were downloading, at which point I could work with them as needed to put out a paid app.
4) Given this situation, I am guessing that I should register with the app store as an LLC versus under my own personal name?
Really appreciate your insight and thoughts. I have been working on this for a while but am afraid that the whole copyright issue is going to throw a huge wrench into my plans.
Thanks,
ATKWhat is the name of your state (only U.S. law)?