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September 26, 2017
Precision Ag and Technology Articles
ersity Department Of Agricultural Economics Extension Publication 09/26/2017
… 1
Who Can Own Farm Data?
Terry Griffin (twgriffin@ksu.edu)
Kansas State University Department of Agricultural Economics ‐ September 2017
In the previous article, the notion that farm data aggregated into a community truly fit the concept of
‘big data’ was demonstrated. For many agriculturists, the more important issue is data ownership. The
question of who owns farm data goes back at least to the advent of precision agriculture in the 1990s.
Data ownership, privacy, and security have cyclically been hot topics since then but have recently
peaked with ‘big data’. When discussing ownership of physical goods such as commodities, machinery,
and farmland, it is intuitive what ‘ownership’ means. Farm data does not fit many preconceived
notions of ‘ownership’ like these physical examples.
The legal perspective of farm data ownership has been addressed individually by Extension agricultural
attorneys including Tiffany Dowell and Shannon Ferrell and at least one attorney in private practice, Todd
Janzen. Complementing their work, I describe how economic principles apply to farm data that are
digital and have very different characteristics than physical goods. Copies of digital data can be made
at relatively zero cost and are indistinguishable from the original. Given that copies are identical to
each other and the original, very minimal control exists over what happens to that data once copies
have been made available to another party. Multiple entities (e.g. farmers, landowners, input
suppliers, soil sampling services, aggregators, lenders, etc.) may have partial access to viable copies of
the same farm data.
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