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Licensing Research Data for Reuse

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In this talk we break down how to think about data and licensing so that when you are doing research, or publishing, or if you’re a librarian advising researchers and authors, you have a clear understanding of what you can do. Specifically, we will cover what to know and what to think about when you are using other people’s data, on the one hand, and on the other hand, when you are dealing with your own data.

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Licensing Research Data for Reuse

  1. 1. Licensing Research Data for Reuse Rachael G. Samberg, JD, MLIS Maria Gould, MA, MLIS @UCB_scholcomm
  2. 2. “The rights holder of a collection of data is not necessarily its original producer. As a result, any provider or disseminator of research data must know what entities hold any rights to the data and abide by those rights.” Legal interoperability of research data: Principles and implementation guidelines.RDA-CODATA, 2016
  3. 3. 3 What to know ● Can we use other people’s data? ● Can we republish their data? ● Do we own our data? ● How can we share our data?
  4. 4. 4 What do we mean by licensing?
  5. 5. Article Data
  6. 6. Controlling an organic synthesis robot with machine learning to search for new reactivity
  7. 7. 7 [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
  8. 8. Creative Commons Attribution License
  9. 9. 9 Can’t I just cite the data I’m using, or can’t someone just cite mine?
  10. 10. Attribution License Dan4thNicholas, CC-BY, https://flic.kr/p/8PEZiG Sakaki0214, CC-BY-NC-ND, https://flic.kr/p/9jykF1
  11. 11. 1 2 3 What rights do we have? Where are we? Other policy concerns 4 Choose one (if you can) A workflow to understand licensing
  12. 12. What rights do we have? 1
  13. 13. Our rights depend in part on Copyright waived Copyright expired Not subject to copyright
  14. 14. Exclusive rights to make certain uses of original expression for limited period of time What is copyright?
  15. 15. Exclusive Rights ▪Reproduction ▪Derivative works ▪Distribution ▪Public performance ▪Public display Hans Meltofte, et al. (2013) Arctic Biodiversity Assessment. Status and Trends in Arctic Biodiversity
  16. 16. Limited Period of Time ● Varies, but at least author’s life + 70 years ● Within “protected” period, author’s permission needed to reproduce, display, perform, etc. https://www.thefrugalgirl.com/2009/01/ expiration-dates/
  17. 17. ▪ Protects expression, not ideas or facts ▪ Originality ▪ Fixed in a tangible medium Prerequisites
  18. 18. ▪ Federal government works ▪ Expired copyright Limitations: Public Domain USGS, Brook Trout Occurrence in Acadia National Park
  19. 19. ▪ Allow you to undertake exclusive rights ▫ without obtaining permission ▫ without payment of license fee Limitations: Statutory Exemptions
  20. 20. “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.” Fair Use 17 U.S.C. § 107
  21. 21. Four- factor balancing test 1. Purpose & character of use Commercial purposes less likely fair than nonprofit educational; “transformativeness” often dominates. 2. Nature of copyrighted work More likely fair if you’re using factual/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.
  22. 22. Rules of thumb for data? ▪Facts vs. compilations of facts ▪Quantitative vs. qualitative data ▪Databases ▫Expressive data ▫Organizational structures ▫Descriptive metadata
  23. 23. More on our rights... 1
  24. 24. Rights also depend on agreements we’ve signed & institutional roles / policies Student vs. faculty vs. staff Funding agreements
  25. 25. Some relevant agreements relate to the source of the data we’re using Website terms of use Database licenses
  26. 26. 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. Do not use any other automated processes for bulk downloading, even if you are only retrieving articles from the PMC Open Access Subset. 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/
  27. 27. Where are we? 2
  28. 28. Sui Generis Database Rights EU and S. Korea ▫ Property right rewarding effort in obtaining data ▫ Non-commercial exception ▫ An EU/SK-created database, used in EU/SK
  29. 29. Other law & policy 3
  30. 30. Privacy
  31. 31. Indigenous Knowledge http://www.bananaip.com/wp-content/uploads/ 2014/10/ayurveda1-2.jpg
  32. 32. Embargoes
  33. 33. Choosing a license 4
  34. 34. CC0 (Waiver) Public Domain (Label) CC-BY (License) Use Standard Licenses Open Data Commons Creative Commons
  35. 35. Choosing a license: avoid ambiguity or if you can can cause confusion If scholars follow citations practices, you would not lose out on citations with CC0
  36. 36. Exercise http://ucblib.link/LRD0802
  37. 37. Thanks!!! Website: www.lib.berkeley.edu/scholcom m E-mail: schol-comm@berkeley.edu

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