1. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Funded by: This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 UK: Scotland License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc- sa/2.5/scotland/ ; or, (b) send a letter to Creative Commons, 543 Howard Street, 5th Floor, San Francisco, California, 94105, USA.http://creativecommons.org/licenses/by-nc- sa/2.5/scotland/ Legal Considerations for Data Sharing Mags McGinley Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12 th June 2008

2. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 How does the law approach data sharing? Photo by B tal on Flickr

3. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 What areas of law are relevant? A wide variety depending on the specific data concerned. Today we will concentrate on: Intellectual Property Rights Copyright Database Right Data Protection

4. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 IPR in databases – an overview A database may attract copyright protection, database right protection, both or neither: Copyright in structure of database and perhaps in contents Database Right protecting investment in database (although data per se are not protected)

5. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Copyright - 1 Copyright, Designs and Patents Act 1988 (CDPA) Branch of IP Law that protects the expression of ideas. NB not protecting information but the expression of that information Arises automatically if certain subsistence conditions met Literary, dramatic, artistic, musical, databases, typographical arrangements, sound recordings, films and broadcasts = books, papers, songs, films, websites, computer programmes, scientific databases, emails, diagrams, maps and more….. Grants certain monopolistic rights to owner = restricted acts for others

6. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Copyright - 2 Rights of the copyright owner The right to copy the work The right to issue copies of the work to the public The right to rent or lend the work to the public The right to make an adaptation of the work The right to perform, show or play the work in public The right to communicate the work to the public …and certain moral rights

7. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Copyright - 3 Fair dealing S29 (research and private study) currently doesn’t apply to films, sound recordings, broadcasts or typographical arrangements (N.B. Gowers) Unlikely to apply where whole of work copied Digital rights management technology Obtaining the right to use copyright material Assignment/Assignation Licences Collective licensing Clearance can be challenging and resource consuming: Orphan works Single object may contain multiple © works (e.g. film, website) © ownership rules (employment & multiple authors )

8. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Copyright and databases Firstly, the structure of a database may be protected if, by reason of the selection or arrangement of the contents, it constitutes the author's own intellectual creation Secondly, depending on what is contained in the database, copyright might also exist independently in the contents of the database (for example, a database of images where each of the images would attract its own copyright protection as an artistic work).

9. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 The Database Right Introduced in 1996 (Directive 96/9/EC on the legal protection of databases and Copyright and Rights in Databases Regulations 1997) A sui generis form of intellectual property protection developed exclusively to protect databases. If qualifies, owner can prevent unauthorised extraction or reutilisation of all or a substantial part of the contents May pose problems for those wishing to re-use data for scientific progress – criticism not limited to digital curation community

10. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 The Database Right - 2 Definition of database: ‘a collection of independent works, data or other material arranged in a systematic or methodical way and individually accessible by electronic or other means’ Maker of database qualifies if substantial investment in obtaining, verifying or presenting contents Investment = the deployment of financial resources; and/or the expending of time, effort and energy Obtaining - collection and not creation of data Verifying - accuracy once materials in the database Presentation - of the contents of the database

11. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 The Database Right - 3 Prevents unauthorised extraction or reutilisation of all or a substantial part of contents of database by another. Extraction = permanent or temporary transfer of the contents e.g. from repository to paper Re-Utilisation = making available to the public e.g. by copying to others Difficulties Term 15 years but may be renewed (indefinitely in the case of dynamic databases?) Fair dealing exception (restricted to extraction). Fair dealing by a lawful user for the purposes of illustration for non-commercial teaching or research Meaning of “substantial part”?

12. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Live Topics Ownership in instances of employee creation The role of contract/licensing in overriding IP legislation The effect of multiple authorship (very common in database creation) Ownership where much of the database content has been assimilated from other databases (also very common in database creation) What constitutes “substantial part” in relation to the database right The potential term of the database right in the case of dynamic databases Ownership where the database is created as part of an externally funded project

13. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Data Protection - 1 If sharing personal data will need to be aware and comply with legislation Operation: Governs the handling of personal data Balance between privacy of individuals and needs of legitimate users of personal information Gives 8 principles of good practice

14. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Data Protection - 2 Certain rights granted to individuals in respect of their “personal data” In addition to the 8 principles, conditions for use are set out in the schedules Second category of “sensitive personal data”. More stringent conditions Exemptions for research Civil and criminal penalties for non-compliance

15. a centre of expertise in data curation and preservation Digital Curation Centre/ Edinburgh eScience Collaborative Workshop – 12th June 2008 Thanks for listening. Have brought some further information for you to take away. Any questions?