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The Legal Status of Research Data. Members of the KE working group on research data Magchiel Bijsterbosch, SURF, the Netherlands Niels Jørgen Blaabjerg,

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Presentation on theme: "The Legal Status of Research Data. Members of the KE working group on research data Magchiel Bijsterbosch, SURF, the Netherlands Niels Jørgen Blaabjerg,"— Presentation transcript:

1 The Legal Status of Research Data

2 Members of the KE working group on research data Magchiel Bijsterbosch, SURF, the Netherlands Niels Jørgen Blaabjerg, Aalborg University Library, Denmark Mikkel Christoffersen, DEFF, Denmark Joy Davidson, DCC, United Kingdom Rob Grim, Tilburg University, the Netherlands Simon Hodson, JISC, United Kingdom Angela Holzer, DFG, Germany Hans Pfeiffenberger, AWI, Germany Laurents Sesink, DANS, the Netherlands Stefan Winkler-Nees, DFG, Germany Copenhagen, 12 June 2012

3 Research data from publicly funded research should be freely accessible, re-usable and professionally curated on a long-term basis. Copenhagen, 12 June 2012 Ian-S; cc: by-nc-nd

4 Past and present activities of the working group Workshop Main Drivers for Successful Re-use of Research Data September 2009, BerlinMain Drivers for Successful Re-use of Research Data Comparative report on the legal status of research data in the four KE partner countries (published in September 2011)Comparative report on the legal status of research data in the four KE partner countries Workshop Research Data Management: Activities and Challenges November 2011, BonnResearch Data Management: Activities and Challenges Report A Surfboard for Riding the Wave (November 2011)A Surfboard for Riding the Wave Copenhagen, 12 June 2012

5 Legal Status of Research Data Copenhagen, 12 June 2012 Bare facts are not subject to an IPR regime Research data can be protected a)by national copyright law b)by national subsidiary legal regimes c)by the European Database Directive

6 Divergent legal regimes Copenhagen, 12 June 2012

7 Obstacles for Open Access to Research Data Insecurity of researchers with regard to IP rights of their data Unclarity of IPR with regard to re-use of data Mixed datasets (multinational, public/private- funding) Copenhagen, 12 June 2012

8 Recommendations Codes of conduct for sharing and re-use or waivers rather than licences Clarification of the interests of private parties necessary to avoid monopolies Harmonization of European copyright law: currently difficult to allow easy contractual arrangements for multi-territorial use of data General exemption or limitation to allow for sharing and re-use for non-commercial research would be desirable throughout Europe Copenhagen, 12 June 2012

9 Thank you. Dr. Angela Holzer


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