Data ownership: a mounting concern for farmers

Emerging technologies allow farmers to increase their productivity and profitability. However, the question of who owns the data these technologies generate has legal experts scratching their heads. Here’s what farmers should know about data ownership.

Agricultural data is valuable
The data generated by something as simple as a smartphone app can contain valuable information. Whoever owns the data can sell it to companies who then sell farmers “field prescriptions,” which are directions they can use to optimize their operations.

Aggregated data can also be used to generate predictions of production or market trends. These forecasts are considered very valuable.

Data ownership is legally murky
The complex user agreements farmers have to sign when adopting a new technology typically don’t specify who owns the associated data. Because data isn’t a material thing and doesn’t meet the definition of intellectual property, existing laws don’t provide a clear framework to determine who owns it.

Some user agreements may give companies full license to use their accrued data any way they wish, regardless of actual ownership.

Farmers don’t own their data
According to legal experts, in most cases, farmers don’t own the data generated by the technologies they use. This is a serious issue because if the data ends up being valuable, they may not see any of the resulting profits.

Technologies such as satellite crop management systems are extremely useful for producers. Nevertheless, until the status of agricultural data is clarified, farmers should take the time to speak to a lawyer before signing their names on any dotted lines, even if it’s just for a smartphone app.