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Research Data Management: Copyright: Data Sharing

A guide to define and explore Research Data Management

Contents

Stage 3: Collaborate & Analyse

Research Data Ownership

Creative Commons

Stage 3. Collaborate & Analyse

Copyright is essential for data sharing and fair dealing 

When data are shared or archived, the original copyright owner retains the copyright. UK Data Service

A data archive cannot archive data unless all rights holders are identified and give their permission for the data to be shared. Secondary users need to obtain copyright clearance before data can be reproduced. However, exceptions exist under the fair dealing concept. UK Data Service

 

 

Many kinds of data created as part of a research project are subject to the same rights as literary or artistic work. Such items acquire rights like copyright or more general Intellectual Property rights when they are created. This gives the rights owner control over the exploitation of their work, such as the right to copy and adapt the work, the right to rent or lend it, the right to communicate it to the public and the right to license and distribute. These rights need to be taken into account when creating, using and sharing data. UK Data Service 

What is copyright, who owns it and how long does it last? Copyright is an intellectual property right assigned automatically to the creator. It prevents unauthorised copying and publishing of an original work. Copyright applies to research data and plays a role when creating, sharing and reusing data. UK Data Service

Most research outputs, such as spreadsheets, publications, reports and computer programs, fall under literary work and are therefore protected by copyright. Facts, however, cannot be copyrighted. UK Data Service

When making research data publicly available, it is important to let potential users know in advance what they are allowed to do with those data. Licensing is an effective way to communicate such permissions.  

A trusted data repository will normally apply a license to any dataset it holds, which you typically select (from a list of options) when depositing data. Ghent University  

 

Restricted data

For data requiring access restrictions, a standard license is usually not appropriate. In such cases a bespoke license will be needed instead (e.g. an ‘end user license’ or ‘user agreement’ as implemented by a trusted data repository) to make the data available. Ghent University

Research Data Ownership


When data are shared or archived, the original copyright owner retains the copyright. UK Data Service

A data archive cannot archive data unless all rights holders are identified and give their permission for the data to be shared. Secondary users need to obtain copyright clearance before data can be reproduced. However, exceptions exist under the fair dealing concept. UK Data Service

Creative Commons

Good practice is to apply a standard and open license for open research data, as it ensures legal interoperability and the widest possible reuse.

Among the standard licenses commonly used for research data is the suite of Creative Commons (CC) licenses, which offer different levels of permission. Ghent University  

 

Creative Commons  

Creative Commons is a nonprofit organization that helps overcome legal obstacles to the sharing of knowledge and creativity to address the world’s pressing challenges. 

Authors give away the copyright rights to their work to the publisher when the article is published in the traditional publication process.

However, when authors publish their work via the Open Access process, they retain the copyright of that work. It is important that authors assign a Creative Commons license to determine how their work may be used and shared.

Choose the Creative Commons license which is right for you!