amastyleinsider

July 1, 2014

Questions From Users of the Manual

Filed under: frequently asked questions — amastyleinsider @ 10:38 am
Tags: ,

Q: I note in the manual that you do not require the use of the registered trademark symbol with brand names, as long as an initial capital letter is used (see 5.6.16, Use of Trademark Names in Publication).  Does this guideline apply to copy in medical books as well as medical journals?

A:  You are right that our manual does not encourage the use of the little “R” in a circle or the superscript TM to denote trademarks but rather relies on the initial cap to signify a trademark. As to what style would apply to books (medical or other), it really all comes down to what style the book publisher uses. The Chicago Manual of Style (section 8.152) states: “Although the symbols [cap R in a circle and superscript TM] for registered and unregistered trademarks, respectively) often accompany trademark names on product packaging and in promotional material, there is no legal requirement to use these symbols, and they should be omitted wherever possible.”

I think you would be fairly safe in zapping the symbol and just using the initial cap, unless the style guide you are following in editing a book dictates otherwise.

Q: What do you recommend re capitalization for something like the word “test” or “examination” or “questionnaire” in names of specific tests, examinations, or questionnaires?

A: Our style manual (section 10.3.8) advises the following regarding capping the “t” on “test” when it follows the name of a specific test. I would extrapolate from this to cover similar questions.

Tests.  The exact and complete titles of tests and subscales of tests should be capitalized.  The word test is not usually capitalized except when it is part of the official name of the test.  Always verify exact names of any tests with the author or with reference sources.

Examples where a cap would be correct include the Mini-Mental State Examination and the Minnesota Multiphasic Personality Inventory.—Cheryl Iverson, MA

December 6, 2012

Quiz Bowl: Intellectual Property

Filed under: quizzes — amastyleinsider @ 2:59 pm
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Whenever I see the words intellectual property, I think of David Letterman. Remember when he left NBC for CBS, thus inciting an intellectual property firestorm? NBC claimed intellectual property rights on much of Letterman’s material, including Stupid Pet Tricks and the Top 10 List. The controversy even caused the fictional demise of Larry “Bud” Melman (also considered the intellectual property of NBC), although the actor who played the character of Larry “Bud” Melman (Calvert DeForest) continued with Letterman at CBS until he retired in 2002. Much comic fodder was made of this intellectual property brouhaha, mostly by Letterman himself. However, in publishing circles, intellectual property is serious business.

So, what exactly is intellectual property? The AMA Manual of Style writes,

Intellectual property is a legal term for that which results from the creative efforts of the mind (intellectual) and that which can be owned, possessed, and subject to competing claims (property). Three legal doctrines governing intellectual property are relevant for authors, editors, and publishers in biomedical publishing: copyright (the law protecting authorship and publication), patent (the law protecting invention and technology), and trademark (the law protecting words and symbols used to identify goods and services in the marketplace).

This month’s AMA Manual of Style quiz offers multiple-choice questions on intellectual property. Test your knowledge by responding to the following question from this month’s quiz:

A scientist develops data while working at Harvard University. He then moves to Stanford University, where he publishes an article using the original data in JAMA. Who owns the data?

  1. Harvard University
  2. Stanford University
  3. Scientist
  4. JAMA

What do you think? Do the data belong to the scientist, one of the academic institutions, or the publishing journal? Use your mouse to highlight the text box for the answer:

Harvard University

In scientific research, 3 primary arenas exist for ownership of data: the government, the commercial sector, and academic or private institutions or foundations. Although an infrequent occurrence, when data are developed by a scientist without a relationship to a government agency, a commercial entity, or an academic institution, the data are owned by that scientist. Any information produced by an office or employee of the a government agency in the course of his or her employment is owned by the government. Data produced by employees in the commercial sector (eg, a pharmaceutical, device, or biotechnology company, health insurance company, or for-profit hospital or managed care organization) are most often governed by the legal relationship between the employee and the commercial employer, granting all rights of data ownership and control to the employer. According to guidelines established by Harvard University in 1988 and subsequently adopted by other US academic institutions, data developed by employees of academic institutions are owned by the institutions (§5.6.1, Ownership and Control of Data, pp 179-183 in print).

So, when Letterman packed his bags and moved to CBS, he was legally required to leave some of his property behind because it was owned by NBC. Similarly, when authors leave their academic institutions, they are usually required to relinquish the results of the work they performed during their employment.—Laura King, MA, ELS

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