ipr and research data' (andrew charlesworth)
DESCRIPTION
TRANSCRIPT
![Page 1: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/1.jpg)
Andrew Charlesworth
Director, Centre for IT & Law
IPR and Research Data
CRASSH, University of Cambridge02 February 2011
![Page 2: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/2.jpg)
2 Intellectual Property Law
• Intellectual property rights (IPRs) allow individuals to claim and exercise rights in their creative and innovative works
• Some IPRs are well known (if poorly understood)– copyright, patent, designs, and trademark
• Others are known primarily to specialists– trade secrets, geographical indications, semiconductor
chip topography rights, plant varieties and performers rights.
• A work may be protected by several IPRs.
![Page 3: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/3.jpg)
3 Copyright in the UK
• UK primary legislation - Copyright, Designs and Patents Act 1988 (CDPA 1998) as amended.– http://www.ipo.gov.uk/cdpact1988.pdf (324 pages)
• Works covered include: literary, dramatic, musical, artistic works, sound recordings, broadcasts, films, published editions
• Copyright has been expanded (often controversially) to cover new types of works– Computer programs – UK Copyright (Computer Programs)
Regulations 1992
– Databases – UK Copyright and Rights in Databases Regulations 1997
![Page 4: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/4.jpg)
4 Copyright in the UK 2
• UK copyright law – protects ‘expressions of ideas’ not ‘ideas’
– requires that the work be ‘original’ and created in a permanent form
– does not require formal registration
• Duration of © protection varies – Literary works (inc. software) = author’s life + 70 years;
– Sound recordings/broadcasts = 50 years from end of year created or 50 years from end of year first released.
– Databases = 15 years, but may be renewed if substantial change to database
![Page 5: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/5.jpg)
5 Copyright in the UK 3
• Ownership– the original owner of © in a given work is usually the
person who created it.
BUT there are exceptions e.g.
– © in works created in the course of employment - the employer (issue of what is ‘in the course of’)
– © in a sound recording or film - the person who made the arrangements for its creation
– © in a computer-generated literary, dramatic, musical or artistic work - the person who made the arrangements for its creation.
![Page 6: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/6.jpg)
6 Copyright in the UK 4
• Several copyrights may subsist simultaneously in a single item– A song - the words may be © as a literary work, the
music may be © as a musical work, sheet music may be © as a typographical arrangement.
– These ©s might be held by different people, and might have different commencement and expiry dates.
![Page 7: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/7.jpg)
7 Copyright in the UK 5
• A rightsholder has the exclusive right to do certain things with their work - making a copy, public performance, broadcasting - ‘bundle of rights’.– These rights can be assigned, licensed, inherited etc. as a
bundle, or as individual rights.
• © infringement occurs when you copy a work (or a substantial part of a work) without authority of the © holder (unless legally permitted – fair dealing).
• Licensing of © is common – the rightsholder grants permission to others to do certain things with the work, but retains overall control of it – lawful use of work is conditional on obeying the licence terms.
![Page 8: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/8.jpg)
8 Permitted Acts
• There are things that you can do with a © work without the rightholder’s permission, e.g.– Fair dealing – such as purposes of non-commercial
research, private study, criticism and review.
– Certain uses in education
– Certain uses by librarians or archivists
• These exceptions are very tightly constructed and construed.
• Note: Fair dealing is probably the most misunderstood and misused term in ©
![Page 9: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/9.jpg)
9 The Creative Commons
• Creative Commons Licences are © licences.– work can only be CC licensed by rightsholder
– can’t be used to prevent © exceptions - fair dealing
– can’t be used to protect things not protected by © - ideas
• Creative Commons licenses are non-revocable.• Works under a Creative Commons licence must be
used by licencees in accordance with its terms.• Key CC terms:
– Attribution, NonCommercial, NoDerivatives and ShareAlike
• CC licences can vary considerably in scope.
![Page 10: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/10.jpg)
10 Assignment and licensing out
• If you wish to let third parties use your copyright work you can : – Assign the rights in the work
– Use an ad hoc licence between yourself and the users of your copyright work.
– Use a licence for particular works on a case-by-case basis from a collective licensing agency
– Use a blanket licence enabling access to a range of works under a fixed set of terms
– Permit use under a Creative Commons licence
– Dedicate the copyright work to the public domain
![Page 11: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/11.jpg)
11 Enforcement of Copyright
• The primary remedies under UK law are civil remedies e.g. injunctions and damages – Many infringements are inadvertent – infringer is unaware of
© in a work, or ignorant of © generally - they are still potentially liable
– The burden of proof in a civil case is lower than a criminal case - balance of probability
– If a case goes to court legal action tends to be both lengthy and costly (and poor PR)
• Note: 1st rule of litigation - don’t sue poor people.– Exception: unless the client wants to prove a point
• Note: Universities aren’t perceived as poor.
![Page 12: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/12.jpg)
Research data issues
• Is the research data capable of protection by copyright?– E.g. some research data may simply fail to qualify.
• If it can be copyrighted, who owns it?– E.g. the researcher, the researcher’s employer, other third
parties, joint ownership with others?
• If third parties have rights in the data, what rights do you have to use them?
• If you’ve licensed rights in, have you licensed all the rights that you need to carry out the research, disseminate the results and where necessary archive the research data.
12
![Page 13: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/13.jpg)
Research project issues
• Legal risk assessment• Ownership of rights and IPR strategy – e.g.
relationship with publishers, sponsors etc.• Multi-party projects – prior agreements on IPR e.g.
consortium agreement – ownership, sharing, reuse• If using 3rd party IPRs, document terms of use for each
work – assignment, licence or other – rights register• If archiving data ensure that IPR information is
included for archivists to guide permissible reuse• Where possible, attach IPR information to digital
works as metadata.
13
![Page 14: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/14.jpg)
14 Case Study 1 –Preservation
• Interactive BBC videodiscs to celebrate 900th anniversary of original Domesday Book – info. about how Britain in 1986
– Preservation issues
– Emulation of software to preserve the project
– Copying of works held in original videodiscs
• Legal issues
– Copyright in software and other works
– Ability to legally copy for preservation
![Page 15: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/15.jpg)
15 Case Study 2 – Digitisation
• BioMed Image Archive at Bristol University
• Digitisation project - biomedical images
• Legal issues:
– Licensing IPRs required for archiving and dissemination of images & allowing educational use
– Obtaining warranties and indemnifications to shield the University of Bristol, from unnecessary liabilities
– Securing sufficient and accurate info. from the depositor to create adequate metadata to describe the image, and ensure its proper use.
– Addressing data protection and confidentiality issues in subject matter of the images and in descriptive metadata
![Page 16: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/16.jpg)
16 Case Study 3 – Web Archiving
• JISC & Wellcome Trust Web Archiving Study
• Broad overview of legal issues of concern to web archivists
– National laws on legal deposit of digital materials;
– Intellectual Property laws, esp. copyright;
– Defamation law, esp. libel law;
– Privacy law, esp. data protection law;
– Content liability laws, esp. obscenity/indecency laws.
![Page 17: IPR and Research Data' (Andrew Charlesworth)](https://reader034.vdocuments.net/reader034/viewer/2022042606/54816034b4af9fa0158b5f57/html5/thumbnails/17.jpg)
Case Study 4 - User Generated Content
• Digital Lives project - personal
digital collections
– how modern PDCs are created,
managed, and made accessible
– how to select, describe,
preserve and provide access to
PDCs
– impacts of legislation,
confidentiality and professional
ethics on PDCs and the
implications for their
dissemination, or acquisition by
repositories.