1. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law RESPECT Intellectual Property Issues of Socio Economic Research June 12/13 2003 Budapest ITM Muenster Dr. Michael Bohne and Prof. A. Quaedvlieg - Nijmegen

2. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law Relevance of IP Issues in socio- economic research Rapid evolution of socio-economic research IST technologies have multiplied the source of information available, e.g. new forms of electronic publishing As a result of increasing international collaboration, questions of intellectual property arise at an international level New EU legislation on copyright and data protection (Directive 2001/29/EC)

3. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law Practical relevance of IP- Questions Availability of material in digital form Technologies for the digitalisation of hardcopy material Arising number of accessible sources via internet As a consequence  difficulties in identifying third parties‘ IP-rights  inconscious and conscious plagiarism  Difficulties of assessing one‘s own rights regarding copyright and copyright limitations  uncertainties in handling IP-rights

4. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law Aim of IP-Guidelines IP-Guidelines shall enable the researchers to recognise, what kind of material is protected by Intellectual Property Rights to identify which national copyright law applies in the relevant case to identify what rights are reserved for the author to identify exceptions / exemptions / limitations to protect results of socio-economic research from copyright infringement to treat IP-questions in contractual agreements to produce copyright-compliant results

5. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law Problems of Intellectual Property Issues within the EU Incomplete implementation of the EU Directives within the different EU Member States  e.g. Directive on the legal protection of database, 96/9/EC, implemented inconsistently  Copyright Directive, 2001/29/EC, not yet implemented in most EU Member States Harmonisation by Directives incomplete  e.g. copyright exceptions / exemptions not obligatory except for one Consequence: Copyright protection and limitations concerning socio-economic research vary and will continue to vary from member state to member state

6. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law Structure of IP-Guidelines Practical user manual for socio- economic research activities within the EU Levelled structure ranging from basic principles and common concepts to selected national particularities

7. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law Approach Consideration of the implications of the copyright (and other) Directive(s) Analysis of national copyright legislation of the EU Member States  Relevant provisions  Structural similarities  Potential common denominators and most relevant divergences Interviews with  legal experts (national copyright particularities)  research practitioners (issues and needs)

8. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law Content of IP-Guidelines Identification of key concepts and terms Recommendations for researchers Recommendations how to deal with relevant questions of copyright protection of databases and of software protection

9. University of Muenster ITM- Institute for Information-, Telecommunications and Media Law Availability of IP-Guidelines Guidelines available on the internet, www.respectproject.org, including www.respectproject.org  Survey of national provisions, limited to those provisions with possible relevance to socio-economic research  Links to national provisions  Links to relevant EU Directives  Link to glossary  Links to relevant contacts