Data: legal issues 15 February, 2016 Marijn Post and Hugo Besemer

Case: A conversation at the bus station  Work with you neighbour: ● Read the conversation and answer the questions

Question 1 & 2  Joaquim says it is the law that the data that you collect is always your intellectual property. We know that you are not legal experts, but what would you think?  Do you think Liya owns intellectual property on the distribution maps?

Intellectual Property Rights  Copyrights  Industrial Property ● Patents ● Industrial designs ● Trademarks ● Geographical indications ● Trade Secrets Sui Generis systems ● Plant Variety Protection (Plant Breeders’ Rights) ● Database rights Protection of works, ideas, inventions,... MSc course LAW-32306

Which law applies?  Which jurisdiction ● Country where the data is physically stored ● Country of the employment agreement ● Country of the funding agreement  Which law ● Copyright law ● Database rights ● None

Copyright  No copyrights: ● Bare facts  Copyrights: ● The form in which data is presented ● The selection or structure

Copyright in the NL  Automatic protection: Until 70 years after author's death ● Creator ● Employer of the creator (Art. 7: NL)  Copyrights give you the exclusive right to: ● Publish the work ● Duplicate/reproduce the work  Copyright can be given away, sold, inherited, waived, claimed by funding agent or employer  You always have moral or personality rights, which gives you the right to oppose to: ● your work being published without your name or with a different title ● Radical changes that harm your good name

Database right Introduced in the EU in 1996 The legal definition of a database comprises three essential elements:  the database must consist of independent items  the database must be searchable or systematically arranged so that the individual items can be traced  there must have been a substantial investment in the database (obtaining, presenting, and/or verifying the data) Protection of the investment in time and money Duration 15 Years

Database right: required permissions The producer’s consent is required for the following actions:  retrieving (i.e. copying or downloading) substantial portions of the database  repeatedly and systematically retrieving non-substantial portions of the database  reusing (i.e. publishing) substantial portions of the database

Example 1: Scopus (bibliographic database)

Example 2: Land use database NL

Question 3  Do you agree with Joseph that everybody can use and publish about the data that Wupke’s MSc student stored on Figshare?

You can make data available with usage conditions or a license  Why: clarity ● Creative commons ● Open data commons ● DANS-license Questions if there is no license:  Is the data protected or not?  Do I need to ask permission for use and reuse?

Data made available via DANS

DRYAD: research data repository

Question 4 & 5  Do you think the PhD students own their data, or does the department or even the university owns the data?  Can Joseph write more articles about the data he is collecting after he has defended his thesis?

Owner  No central WUR policy yet  Contracts: ● Employer-employee ● Research group-employee or student ● Research group-funder ● With commercial partners  Use the Data Management Plan to discuss matters with your supervisors

Question 6  If you were Hans, what would you say to the MSc student (and Wupke)?

Research Data Retention The Netherlands Code of Conduct for Scientific Practice :  Raw research data are stored for at least ten years. These data are made available to other scientific practitioners at request.  Raw research data are archived in such a way that they can be consulted at a minimum expense of time and effort.

Who requires (or recommends) retention?  Institutions  Funders  Learned societies / disciplines  Journals ... Seldom enforced

Retention of research data  Motivations ● As starting point for new research ● For verification purposes ● To protect patents ● As evidence in case of academic misconduct ● To meet formal requirements

Privacy Personal Data Protection Act  Living persons  The data should be anonymized if possible  The purpose for which the data is necessary must in any case be clearly specified  No more data may be collected than is necessary to achieve that purpose  You need consent of the individual (via informed consent)

Further reading  De Cock Buning, M., Ringnalda, A., van der Linden, T. (2009). The legal status of raw data: a guide for research practice. Utrecht: SURF Foundation. /surf/en/knowledgebase/2009/SURFdirect_De+juridische +status+van+ruwe+data_wegwijzer_ENG.pdfhttps:// /surf/en/knowledgebase/2009/SURFdirect_De+juridische +status+van+ruwe+data_wegwijzer_ENG.pdf  Ball, A. (2012). ‘How to License Research Data’. DCC How-to Guides. Edinburgh: Digital Curation Centre. research-data research-data

Questions?