March 03, 2016

The Ag Data Transparency Evaluator

March 03, 2016/ Todd Janzen

The problems farmers have with embracing farm data programs are well documented, but I think it comes down to three things: trust, time, and complexity. Trust--many farmers don't know what happens to their data after they send it to an ag technology provider (ATP). Time--farmers are already busy. Who has time to read detailed privacy policies and data license agreements. Complexity--farm data contracts are different than normal farm contracts.

February 20, 2016

Do Farmers Need Legislation to Protect Their Ag Data?

February 20, 2016/ Todd Janzen

Federal legislation often arrives in areas where state laws are so inconsistent that citizens or industries demand uniformity. We have seen this over and over in the history of the United States. For example, we are seeing inconsistent GMO labeling laws prompt a push for a national GMO labeling standard (Safe and Accurate Food Labeling Act). GMO proponents would not normally want mandatory labeling, but a patchwork quilt state-regulatory system is much worse. Will the same issues arise with agricultural data?

January 15, 2016

What Makes Ag Data "Ownership" Unique

January 15, 2016/ Todd Janzen

The concept of ag data “ownership” is not recognized by United States law. Farmers like to say “I own my ag data.” Ag technology companies like to say “the farmer owns their data.” And the industry representatives like to say “the farmer should own their data.” But the reality is that “ownership” is a legal principle that must be recognized by courts or a law, and that has not happened yet in the United States.

October 28, 2015

Four Takeaways from the Ag Data Platforms Conference

October 28, 2015/ Todd Janzen

I recently attended the Precision Ag Data Platforms conference in Champaign, Illinois. Here are my reflections on the state of the ag data platforms industry.

October 02, 2015

Does Your Lease Address Farm Data?

October 02, 2015/ Todd Janzen

I've drafted and reviewed dozens of farmland leases over the years, but I've yet to see a lease that addresses the issues associated with ownership and transfer of farm data. As farmers embrace new data storage and analytic tools, it’s time to modernize the traditional farm lease to address farm data.

September 30, 2015

Is Farm Data a Trade Secret?

September 30, 2015/ Todd Janzen

Is a farmer's farm data their trade secret? Is is protected under the Uniform Trade Secrets Act?

September 30, 2015

Ag's Junk Data Problem

September 30, 2015/ Todd Janzen

The rise of farm data collection programs in the last year has been amazing to watch, but I keep wondering whether some ag technology providers are collecting data regardless of its usefulness.

April 23, 2015

Does Your Co-op Own Your Farm Data?

April 23, 2015/ Todd Janzen

Recently I was asked this question: When a farm cooperative (a “co-op”) does work for a farmer and in the process generates agronomic data, does the co-op own that data or does the farmer? Many in the ag industry like to say “the farmer owns the data,” but the co-op’s generation of farm data presents a more complicated problem.

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