This is a presentation delivered on December 1, 2020 by the UC Berkeley Library's Office of Scholarly Communication Services and the Research Data Management Program. Are you unsure about how you can use or reuse other people’s data in your teaching or research, and what the terms and conditions are? Do you want to share your data with other researchers or license it for reuse but are wondering how and if that’s allowed? Do you have questions about university or granting agency data ownership and sharing policies, rights, and obligations? We will provide clear guidance on all of these questions and more in this interactive webinar on the ins-and-outs of data sharing and publishing. - Explore venues and platforms for sharing and publishing data - Unpack the terms of contracts and licenses affecting data reuse, sharing, and publishing - Help you understand how copyright does (and does not) affect what you can do with the data you create or wish to use from other people - Consider how to license your data for maximum downstream impact and reuse - Demystify data ownership and publishing rights and obligations under university and grant policies

1. How to Share &
Publish Data:
Resources, Law,
and Policy
UC Berkeley Library
Research Data Management &
Office of Scholarly Communication Services
Erin Foster
Rachael Samberg
Anna Sackmann
Timothy Vollmer
1 December 2020

2. 3 keys
to data
publishing
success
1. Understand how and where
to publish data
2. Understand rights to reuse &
republish other people’s data
3. Understand applicable law &
policy before publishing your
own data

3. How & where
to publish
data
1

4. Publishing Lifecycle
(adapted from University of Winnipeg)
Creation
Evaluation
Publication
Dissemination
& Access
Preservation
Reading /
Reuse
Topic is conceived proposed,
funded, pursued
Project is reviewed
for quality
Publisher edits,
provides layout, other
services
Works are distributed
Copies or versions
are saved for
posterity
Works are read,
cited, recombined

5. Data Sharing
Boosts
Metrics
Author-
level
Journal-
level
Article-
level
Data, code,
& software
Alt-metrics
● Publications
● Citations
● Journals
● Citations
● Bookmarks
● Social media
● Views & downloads
● “Impact”
● Citations
● Reputation
● Citations
● Dataset downloads
● Github forks
● “Attention”
● All outputs

6. Data Sharing
Increases
Discovery

7. Data Sharing
Spectrum
Public access
Controlled access
Collaborative access
Restricted access

8. How & Where to
Share Data

9. How & Where to
Share Data
Make your data FAIR
- Findable
- Accessible
- Interoperable
- Reusable

10. When to share
data

11. Rights to reuse
and republish
other people’s
data
2

12. Article
Data
Choices
Matter

13. Controlling an organic synthesis robot
with machine learning to search for new reactivity

14. [Y]ou grant each User of GitHub a nonexclusive, worldwide
license to use, display, and perform Your Content through
the GitHub Service and to reproduce Your Content solely
on GitHub
... You may grant further rights if you adopt a license.
GitHub Terms of Service
https://help.github.com/articles/github-terms-of-service/#d-user-generated-content

15. Creative Commons
Attribution License

16. Data Use Agreement
Database Agreement
Website Terms of Use

17. “If I’m using other
people’s outputs, can’t
I just cite the source?
Can’t people using my
data just cite me?”
Attribution
License

18. What is copyright?
Exclusive rights to make
certain uses
of original expression
for limited period of time

19. Exclusive Rights
● Reproduction
● Derivative works
● Distribution
● Public performance
● Public display
Hans Meltofte, et al. (2013) Arctic Biodiversity
Assessment. Status and Trends in Arctic
Biodiversity

20. Limited Period
● Varies, but at least
author’s life + 70 years
● Within “protected”
period, you need
author’s permission to
reproduce, display,
perform, etc.
Photo by Luis Alfonso Orellana on Unsplash
Photo by Jon Tyson on Unsplash

21. If copyright gives authors
exclusive rights for so long, how
can we ever use anything?

22. Protects expression,
not ideas or facts
https://thesocietypages.org/toolbox/police-killing-of-blacks/
Limitations

23. Other limitations: The Public Domain
FEDERAL GOVERNMENT WORKS EXPIRED COPYRIGHT
http://www.gutenberg.org/files/100/100-h/100-h.htm
https://www.epa.gov/automotive-trends/explore-automotive-t
rends-data#DetailedData
https://hdl.handle.net/2027/uc1.$b271432

24. So if something *is* protected,
we have to get permission
to use it?

25. “The fair use of a copyrighted
work…for purposes such as
criticism, comment, news
reporting, teaching…,
scholarship, or research, is
not an infringement of
copyright.”
17 U.S.C. § 107
Carlos Gonzalez | Star Tribune via AP file

26. FOUR-FACTOR BALANCING TEST
1. Purpose & character of use
Nonprofit educational more likely fair than
commercial; “transformativeness” dominates.
2. Nature of copyrighted work
More likely fair if you’re using factual or
scholarly work.
3. Amount and substantiality
Size & importance of portion used in
relation to whole.
4. Effect on potential market
Less likely fair if use supplants market for
purchasing/licensing original.
Carlos Gonzalez | Star Tribune via AP file

27. Agreements that affect
what you can do
Data Use Agreement
Database Agreement
Website Terms of Use

28. American Institute of Physics License Agreement
Authorized Users may use the Licensed Materials to perform and
engage in text and/or data mining activities for academic research,
scholarship, and other educational purposes and may utilize and share
the findings of text and/or data mining, but not the text or data itself, in
their scholarly work and make the findings available for use by others,
so long as it does not create a product for use by third parties that
would substitute for the Licensed Materials.

29. PubMed Central Restrictions on Systematic Downloading of Articles
Bulk downloading of articles from the main PMC web site, in any way, is
prohibited because of copyright restrictions.
PMC has two auxiliary services that may be used for automated retrieval
and downloading of a special subset of articles from the PMC archive. These
two services, the PMC OAI service and the PMC FTP service, are the only
services that may be used for automated downloading of articles in PMC.
Articles that are available through the PMC OAI and FTP services are still
protected by copyright but are distributed under a Creative Commons or
similar license that generally allows more liberal use than a traditional
copyrighted work. Please refer to the license statement in each article for
specific terms of use. The license terms are not identical for all the articles.
PubMed Central, https://www.ncbi.nlm.nih.gov/pmc/about/copyright/

30. Tips for Using Other People’s Data
Are you just using facts?
● Quantitative vs. qualitative
● Expressive vs. non-descriptive
Data sets can have layers of ©
● Take note of compilations of facts &
organizational structures
Don’t forget about fair use
Check for agreements & licenses
● Databases, Terms of service, data use
agreements
● Pre-applied licenses

31. Law & policy
affecting your
own rights
3

32. What’s yours
depends on...
1. Employment status
2. Institutional policy
3. Funder agreements

33. 1. Employment
status
https://www.copyright.gov/circs/circ30.pdf

34. 2. Institutional
copyright & data
policies
● Copyright Ownership Policy
● Ownership of Course Materials Policy
● Academic Personnel Manual 020 (includes data
sharing policy)

35. 3. Funder
agreements
https://www.gatesfoundation.org/How-We-Work/General
-Information/Open-Access-Policy
“The foundation will
require that data
underlying the
published research
results be immediately
accessible and open.”

36. Other policy
considerations
before you
publish

37. PRIVACYPrivacy

38. - Protect the people in the work
- Federal (e.g. FERPA & HIPAA)
- State (e.g. intrusion, private facts, false
light, appropriation of likeness)
Important Limitations:
- Death
- Unidentifiable
- Newsworthiness
- Permission

39. e.g.
Public Interest

40. PRIVACYEthics

41. An approach to consider:
Does the value to
researchers, the public, or
cultural communities
outweigh the potential for
harm or exploitation of
people, resources, or
knowledge?

42. How to apply a license to your
own work

43. CC0
(Waiver)
CC-BY
(License)
Use Open, Standard Licenses
Creative Commons
MIT License & GNU
General Public Licenses
For software; essentially CC-BY

44. Choosing a license: avoid ambiguity
https://chooser-beta.creativecommons.org/
If no ©, skip
Facts are in the
public domain

45. Repositories have policies
https://datadryad.org/stash/best_practices

46. Questions?
Office of Scholarly
Communication Services
schol-comm@berkeley.edu
lib.berkeley.edu/scholcomm
@UCB_scholcomm
http://ucblib.link/OSCS-Youtube
Research Data Management
Program
researchdata@berkeley.edu
https://researchdata.berkeley.edu