Copyright, Fair Use, and Licensing Statements for SRD, Data, and Software

Standard Reference Data

Fair Use of Other NIST Data/Works

NIST Software

Citation Recommendations

 

Standard Reference Data (SRD)

The Standard Reference Data Act, 15 U.S.C. § 290e, empowers the Secretary of Commerce to secure copyright on behalf of the United States in Standard Reference Data (SRD) prepared by NIST.  SRD data products should include the following statement:

Copyright protection on this compilation of data has been secured by the Secretary of the U.S. Department of Commerce on behalf of the United States in the United States and all countries that are parties to the Universal Copyright Convention, pursuant to Section 290(e) of Title 15 of the United States Code.

NIST Standard Reference Data (SRD);
 ©Copyright [©YEAR] by the U.S. Secretary of Commerce on behalf of the United States of America. All rights reserved.

For SRD that is licensed, licensing information is available at http://www.nist.gov/srd/

Fair Use of Other NIST Data/Works

Data/works created by NIST employees that are not covered by the Standard Reference Data Act are subject to 17 U.S.C. §105 and generally are not subject to copyright protection within the United States.  NIST data or other works may be subject to copyright protection in foreign countries.  NIST may also obtain and hold copyright in data/works created by non-NIST employees (e.g., NIST contractors) when copyright is assigned to NIST.  Distributions of non-SRD products should include the following statement:

This data/work was created by employees of the National Institute of Standards and Technology (NIST), an agency of the Federal Government. Pursuant to title 17 United States Code Section 105, works of NIST employees are not subject to copyright protection in the United States.  This data/work may be subject to foreign copyright.

The data/work is provided by NIST as a public service and is expressly provided “AS IS.” NIST MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND DATA ACCURACY. NIST does not warrant or make any representations regarding the use of the data or the results thereof, including but not limited to the correctness, accuracy, reliability or usefulness of the data. NIST SHALL NOT BE LIABLE AND YOU HEREBY RELEASE NIST FROM LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE, ARISING FROM OR RELATING TO THE DATA (OR THE USE OF OR INABILITY TO USE THIS DATA), EVEN IF NIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent that NIST may hold copyright in countries other than the United States, you are hereby granted the non-exclusive irrevocable and unconditional right to print, publish, prepare derivative works and distribute the NIST data, in any medium, or authorize others to do so on your behalf, on a royalty-free basis throughout the world.

You may improve, modify, and create derivative works of the data or any portion of the data, and you may copy and distribute such modifications or works. Modified works should carry a notice stating that you changed the data and should note the date and nature of any such change. Please explicitly acknowledge the National Institute of Standards and Technology as the source of the data:  Data citation recommendations are provided at https://www.nist.gov/open/license.

Permission to use this data is contingent upon your acceptance of the terms of this agreement and upon your providing appropriate acknowledgments of NIST’s creation of the data/work.

NIST Software

Like non-SRD data, software produced at NIST is generally not subject to copyright protection in the United States, but may be subject to foreign copyright (as per 17 U.S.C. §105  ).  Like data/works, domestic copyright may be held be NIST if copyright is assigned to NIST by a third-party (e.g. contractor).  Distributions of NIST created software, whether in source or compiled form, should include the following licensing statement:

This software was developed by employees of the National Institute of Standards and Technology (NIST), an agency of the Federal Government and is being made available as a public service. Pursuant to title 17 United States Code Section 105, works of NIST employees are not subject to copyright protection in the United States.  This software may be subject to foreign copyright.  Permission in the United States and in foreign countries, to the extent that NIST may hold copyright, to use, copy, modify, create derivative works, and distribute this software and its documentation without fee is hereby granted on a non-exclusive basis, provided that this notice and disclaimer of warranty appears in all copies. 

THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM INFRINGEMENT, AND ANY WARRANTY THAT THE DOCUMENTATION WILL CONFORM TO THE SOFTWARE, OR ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE.  IN NO EVENT SHALL NIST BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THIS SOFTWARE, WHETHER OR NOT BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE, AND WHETHER OR NOT LOSS WAS SUSTAINED FROM, OR AROSE OUT OF THE RESULTS OF, OR USE OF, THE SOFTWARE OR SERVICES PROVIDED HEREUNDER.

Distributions of NIST software should also include copyright and licensing statements of any third-party software that are legally bundled with the code in compliance with the conditions of those licenses.  Contact the NIST Office of Chief Counsel.

Recommendations for citation of software are provided at https://www.nist.gov/open/license.

 

Citation Recommendations

Journals often have their own citing formats for publications and other items included in article reference lists. NIST's data and software citation recommendations are consistent in using the same citation elements (author, title, publisher, year of publication, etc.) as used by journals. In the absence of other (e.g., journal) defined requirements, these recommendations provide a consistent manner for appropriate attribution to scientific datasets that are made available under NIST's public access policy.

The following minimum requirements and format should be used to cite NIST datasets (a URL is used if a PID is not available):

Recommended Format:

Author/editor (Publication Year), Title, Publisher, Persistent Identifier (PID) or URL (Access date)

Example:

Siderius, D.W., Shen, V.K., Johnson III, R.D.,  and van Zee, R.D., eds. (2013), NIST/ARPA-E Database of Novel and Emerging Adsorbent Materials, NIST Standard Reference Database 205, National Institute of Standards and Technology, https://doi.org/10.18434/T43882 (Accessed July 13, 2016)

An extended format can be used to include two optional properties, Version and Type of Medium, when appropriate. If so, the recommended format with NIST example is as follows:

Recommended Format:

Author/editor (Publication Year), Title, Version, Publisher, [Type of Medium] Persistent Identifier (PID) or URL (Access date)

Example:

Sansonetti, J.E., Martin, W.C., and Young, S.L. (2005), NIST Basic Atomic Spectroscopic Data, NIST Standard Reference Database 108, Version 1.1.2, National Institute of Standards and Technology, [Online]

https://doi.org/10.18434/T4FW23 (Accessed July 13, 2016)

The use of NIST software can be cited either through a citation to a published literature article describing the software or through a citation of the software itself. Consult the software's home page for the recommended citation.

If a literature article does not exist, the software citation should use extended format described above, specifying "[Software]" as the medium type. If a URL is provided (instead of a PID), it should point to the best "home page" for the software product. This may be the root of the software's code repository if a more appropriate home page does not exist. The publication release date should correspond to the release year for the version of the software used.

Example:

Guyer, J.E., Wheeler, D.A., and Warren, J.A. (2013), FiPy: A Finite Volume PDE Solver Using Python, Version 3.1, National Institute of Standards and Technology, [Software], https://www.ctcms.nist.gov/fipy/ (Accessed May 26, 2015)

Created May 27, 2015, Updated October 15, 2018