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Say someone is writing a blog post on some science topic, and wants to show some mathematical expressions in the piece. What are the rights one has in showing equations that appear in published articles?

I imagine if the equation is a well-established, oft-used equation that nobody owns the expression/content (e.g. the equation for entropy or mutual information).

But if the equation is the creation of the author of some publication, as in the author is expressing some unique mathematical expression, obviously the publication should be referenced. But is referencing enough? Are there additional rights one must obtain from the publication and/or author in order to show this content?

For example, in theses one must obtain the rights to reference articles in addition to providing the citations.

One can imagine how arduous this would be (obtaining rights) for frequently published blog posts.

And how would this differ between say ArXiv which is open access, and a publication that is pay-only, like Elsevier or Nature?

2 Answers 2

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how would this differ between say ArXiv which is open access, and a publication that is pay-only, like Elsevier or Nature?

It wouldn't.

But if the equation is the creation of the author of some publication, as in the author is expressing some unique mathematical expression, obviously the publication should be referenced. But is referencing enough? Are there additional rights one must obtain from the publication and/or author in order to show this content?

Laws of nature, including purported laws of nature, are not protected by copyright. So, usually, key equations in an academic paper aren't protected by copyright law.

Referencing the work is important as a matter of academic ethics, but is legally irrelevant.

Copying of exposition by the author beyond laws of nature is permitted as fair use if it is limited to quotations necessary for academic discussion and criticism, but copying of an entire work would not be permissible fair use in most cases and would constitute copyright infringement. Of course, there is a large gray area between those extremes.

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  • Thanks for the answer. I wonder why theses require additional rights be obtained? Anyway, take home message is you can always show any equation from any publication no matter how original the mathematical expression. Correct? Obviously the work should be cited, but that is the extent of it.
    – Cybernetic
    Commented Jan 25, 2023 at 3:36
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    @Cybernetic Pretty much. You might go awry copying all of the equations from a paper in the asme order and form including intermediate calculations that present only one of many ways of reaching the same bottom line outcome, but for the most part, that's the gist of it.
    – ohwilleke
    Commented Jan 25, 2023 at 8:02
  • Is it possible that the typographical arrangement of the equation could be considered a creative expression? A lot of people do put quite a bit of effort into making their mathematics look nice, to the extent that there is a TeX Stack Exchange with quite a lot of Q&As on mathematical typesetting. I don't expect many people to be upset about screenshots of their equations appearing in blog posts anyway, but legally speaking it seems like the presentation of the equation is more relevant than the mathematical ideas behind it.
    – kaya3
    Commented Jan 25, 2023 at 13:59
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    @Cybernetic It's not odd that Elsevier would say that - they have no incentive to say otherwise, and they have a significant disincentive against making any statement that could be interpreted by a court as giving permission to use their copyrighted work without paying. They could probably have said "permission needs to be obtained except where this falls under fair use/fair dealing in your jurisdiction" but that wouldn't really be additional information, and it's just safer for them not to add that clause.
    – kaya3
    Commented Jan 26, 2023 at 2:40
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    @Cybernetic Elsevier is basically bluffing.
    – ohwilleke
    Commented Jan 26, 2023 at 8:19
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After researching, and talking to publishers, this seems like the most appropriate approach:

While nobody can own math, or the underlying physical/informational principles, the exact expression and flow of arguments is considered "content" that requires special copyright permission to be obtained for use.

For example, Elsevier requires one to obtain permission for using content via www.Copyright.com. This includes using a mathematical expression from one of their papers.

arXiv does not force authors to transfer any copyright to them. Instead, only an irrevocable right to redistribute the content is obtained. However, depending on the specific article, there may have been subsequent copyright transfer, in the case of published articles, or the article may assert a license that is incompatible with commercial publication.

So even for arXiv, they request that one contacts the copyright holder (author/publisher) for additional information, and specifics related to the work.

So, I believe the most prudent approach when doing your own technical writing (e.g. blogpost, textbook, etc.) is don't copy anything verbatim, including mathematical equations/formulae. Since there is no exact replication of content this would not constitute any kind of plagiarism or copyright violation. Again, nobody can own math or physical principles in general.

If your writing is inspired by a given paper, obviously cite the work. But recast the mathematics in your own fashion (your own specific arrangement of symbols). Obviously the use and structure of the math you present in your writing should differ in argument/flow than where the inspired math came from.

If you must reuse the actual content (exactly same equation and/or flow of arguments) then both cite the original work and obtain the additional permissions from the publisher or author.

I am not a lawyer, so I would be happy to hear the opinions of those more knowledgable in this area.

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