who owns the data? intellectual property considerations for academic research data
TRANSCRIPT
Who owns the data?: ���Intellectual property considerations for
academic research data���
Rebekah Cummings Research Data Management Librarian, University of Utah
GWLA/GPN Annual Meeting 2015 May 27, 2015
Summer 2012
Data Management Rollout Survey
JISC Data Management Rollout Project Survey Results- 2012- http://damaro.oucs.ox.ac.uk/outputs.xml
Objectives
1. Frame some of the complications around intellectual property and data management
2. Hear from you about your institution’s stance on data ownership
Two caveats 1. I am a librarian, not a lawyer 2. There are very few absolutes.
Photos: National Archives, Hathi Trust Slide adapted with permission from Amy Rudersdorf and Franky Abbott, DPLA
Academic research data “The recorded factual material commonly accepted in the research community as necessary to validate research findings.” – U.S. Office of Management and Budget, Circular A-110
Academic Research Data
Govn’t Data
Academic Research
Data
Proprietary
Data
More Open
Less Open
Why do we care about data ownership?
Reproducibility
Responsibility
Data Management Plans
Complication #1- Stakeholders
1. Researchers 2. Universities 3. Funding Agencies 4. Public
Ownership of data
Table from “Research Data Stewardship at UNC,” 2012
Complication #2 – Data and IP
“The discoverer of a scientific fact as to the nature of the physical world, an historical fact, a contemporary news
event, or any other ‘fact’ may not claim to be the ‘author’ of that fact. If anyone may claim authorship of facts, it must be the Supreme Author of us all. The discoverer
merely finds and records.” Melville Nimmer, 1963
Case law • Baker v. Seldon (1879) – documents must contain a
significant amount of originality to qualify for copyright. • Feist v. Rural (1991) – phone books and other
compilations of facts are not eligible for copyright; lack originality.
• Miller v. Universal Studios, Inc. (1981) – Aggregated research is not eligible for copyright.
However… • If data are selected, arranged, and coordinated in an
original way, they may be eligible for copyright (17 U.S.C. §101. Definitions)
• “Data” often includes materials that are highly original
• Data laws are not harmonized worldwide (Reichman & Uhlir, 2003)
Complication #3 - Terminology
• Data ownership • Data governance • Data stewardship
University of Utah policy "Except where precluded by the specific terms of a sponsored agreement, tangible research property, including the scientific data and other records of research conducted by the faculty or staff of the University, belongs to the University.”
“The University of Utah retains ownership and stewardship of the scientific data and records for projects conducted at the University or that use University personnel or resources
Employee Intellectual Property Assignment says that University IP includes “the tangible and intangible results of research (including for example data, lab notebooks, charts, etc.)”
Mechanisms for data sharing
• Contracts • Licenses • Waivers
Krier and Strasser, 2014
What can librarians do? 1. Be familiar with your institution’s policies
2. Educate your researchers about the ownership issues surrounding their data
3. Encourage waivers and unrestrictive licenses to encourage open sharing of data
4. Become part of the conversation on your campus and in the library community around data ownership
Questions for the audience 1. Does your institution have clear policies on
data governance?
Questions for the audience
1. What are they?
Smithsonian
Questions for me?
Ask now! Or…
Call me (801) 581-7701
Email me [email protected]
Tweet me @RebekahCummings