data: legal issues 15 april 2013 marianne renkema & liza bruggenkamp
TRANSCRIPT
Two situations
A researcher wants to protect his own data
A researcher wants to use data from other people
No legal protection
Raw data or facts
Government data
The effort in producing data
Keep them secret
●Not ethical
●Contract with funding agent
Copyright or authors’ rights
Economic or exploitation rights
Exclusive right to:
●Publish the work
●Duplicate/reproduce the work
Moral or personality rights
Right to oppose to:
●your work being published without your name or with a different title
●Radical changes that harm your good name
http://www.ivir.nl/legislation/nl/copyrightact.html
Copyright notice
Automatic protection
Duration:
●Until 70 years after author's death
●Until 70 years after publication (anonymous work)
A copyright notice is not required, but it…
●Makes clear that the work is copyright protected
●Shows who the copyright owner is
Copyright 2010, John Johnson
© John Johnson 2010
Copyright owner
Initially:
Creator
Employer of the creator (art 7 Aw)
Copyright can be given away, sold, inherited, waived, claimed by funding agent, ...
What if data is copyright protected?
Can you use the data without consent?
Can you publish the data without consent?
Can you use a figure of table with data from someone’s publication in your own publication without consent?
Database right
The legal definition of a database comprises three essential elements:
the database must consist of independent items
the database must be searchable or systematically arranged so that the individual items can be traced
there must have been a substantial investment in the database (obtaining, presenting, and/or verifying the data)
Protection of the investment in time and money
Duration 15 Years
Database right: required permissions
The producer’s consent is required for the following actions:
retrieving (i.e. copying or downloading) substantial portions of the database
repeatedly and systematically retrieving non-substantial portions of the database
reusing (i.e. publishing) substantial portions of the database
Exceptions: government database; scientific use (not reuse)
Privacy
Personal Data Protection Act
Living persons
The data should be anonymized if possible
The purpose for which the data is necessary must in any case be clearly specified
No more data may be collected than is necessary to achieve that purpose
You need consent of the individual
Back to the two situations
A researcher wants to protect his own data
●Don’t publish
●Publish (about) the data and make data available on request (Facebook)
●Publish about the data, make data freely available and make a rights statement or licence (“terms of use”) (ADHD)
A researcher wants to use data from other people example
●He can download and use the data
●He cannot publish the data(base) without permission
Facebook: data available on request?
http://www.nature.com/news/facebook-likes-the-scientific-method-1.11064
Why license research data?
Clarity
No license:
Is the data protected or not?
Do I need to ask permission for use and reuse?
Licensing options
Most repositories or databases use a standard license or have a terms of use statement.
Bespoke licences
●e.g. DANS repository (Conditions of use)
Standard licenses
●Creative Commons (see UniProt)
●CC0 most used
●Open Data Commons
Further reading
De Cock Buning, M., Ringnalda, A., van der Linden, T. (2009). The legal status of raw data: a guide for research practice. Utrecht: SURF Foundation. Available online: http://www.surf.nl/en/publicaties/Documents/SURFdirect_De%20juridische%20status%20van%20ruwe%20data_wegwijzer_ENG.pdf
Ball, A. (2012). ‘How to License Research Data’. DCC How-to Guides. Edinburgh: Digital Curation Centre. Available online: http://www.dcc.ac.uk/resources/how-guides/license-research-data