Lesson plan 9: Licences, copyright and intellectual property rights (IPR) issues
FAIR elements:
Reusable
The ultimate goal of FAIR is to optimise the reuse of data. To achieve this, metadata and data should be well-described so that they can be replicated and/or combined in different settings.
R1. (Meta)data are richly described with a plurality of accurate and relevant attributes
R1.1. (Meta)data are released with a clear and accessible data usage license
R1.2. (Meta)data are associated with detailed provenance
R1.3. (Meta)data meet domain-relevant community standards
Primary audience(s): Bachelor's, master's, PhD degree students
Learning outcomes:
Understand what licences are, their purpose and relation with the FAIR principle
Know how the data can be reused and shared with others
Be able to identify the owner of the data for a project which may or may not have many partners
Know what copyright and intellectual property rights are
Be aware that different copyright rules exist in different countries (and that there are countries without copyright law)
Know the different types of rights (economic and moral)
Know the meaning of non-commercial and commercial licences, e.g. CC BY-NC
Know the different types of restrictions
Know tools and guides to choose the correct licence
Apply the acquired knowledge in practice, e.g. quiz, exercises
Summary of tasks/actions:
Introduction to licences and (re)use issues;
FAIR focus on reusability, namely on R1.1. (Meta)data are released with a clear and accessible data usage license point of the FAIR principles. Licences, copyright and IPR issues help to clarify the FAIR reusable principle. They help identify legal, ethical and usage rights, understand who owns the copyright and IPR. Moreover, these issues help to prepare your data for professional reuse with or without restrictions, with an appropriate licence, while protecting you as licence holder and avoiding unpleasant situations surrounding reuse of data.
What licences are, their purpose and importance
What type of digital object should and can be licensed (data, software, code, etc.)
Understand the differences between licences used for data and software
Copyright and intellectual property rights
Definition
Type of intellectual property rights, e.g. copyright, patents, trademarks, industrial design rights, plant varieties, trade dress, trade secrets, database rights
Purpose of copyright
Copyright protected works; examples (e.g. All rights reserved (fully copyrighted)
Is (research) data protected by copyright law in the same way as other works?
Let participants define research data they work with
Explain the difference between copyright protected works and works that are not copyright protected (like pure information or facts), and show examples
Copyright exceptions; examples (e.g. Copyright exceptions);
What information do you need to provide when contacting the copyright holder?
What you will be using (amount and content)
Context in which the work will be used
Where you intend to use the work, e.g. publicly online
For what purpose, e.g. educational, commercial, personal
How they will be attributed
Usage rights: what does it mean? (Brief description and examples);
Definition
Type of rights, e.g. economic and moral; non-exclusive rights of use and exclusive rights of use;
What permissions do you have with a licence? (e.g. distribute, remix, adapt, build upon a material)
Different types of licences
Software licences
Open Source Licences
Tools to help choose the right licence
Ownership of data
Who owns the data?
Show the different ownership possibilities and explain that in many cases, ownership of data may be regulated by employment and service contracts
How to resolve FAIR compliance with IPR restricted data
Show examples of IPR, sensitive data, and other data that cannot be fully open. Explain how the metadata of this type of data can be open
Application of knowledge in practice (quiz, exercises)
Example: Which licence may you grant if you want to combine data with the following licences:
CC BY and CC BY-SA?
CC BY-SA and CC BY-NC?
CC BY and CC BY-ND?
Do an exercise related to searchability and licence issues, e.g. search for images on Google filtering by different licence types
Materials/Equipment
Computer/laptop
Internet/browser
Different tools for choosing licences, e.g. EUDAT License Selector
References
Definitions
Ball, A. (2014). How to License Research Data DCC How-to Guides. Edinburgh: Digital Curation Centre. Available online: http://www.dcc.ac.uk/resources/how-guides
Nemlioglu, Ilayda. "A comparative analysis of intellectual property rights: a case of developed versus developing countries." Procedia Computer Science 158 (2019): 988-998. https://doi.org/10.1016/j.procs.2019.09.140
Margoni, Thomas, & Tsiavos, Prodromos. (2018). Toolkit for Researchers on Legal Issues. Zenodo. https://doi.org/10.5281/zenodo.2574619
Guibault, Lucie, and Andreas Wiebe. Safe to Be Open. 2013, DOI:10.17875/gup2013-160.
Burrow, Sheona; Margoni, Thomas and McCutcheon, Valerie (2018), Information Guide: Introduction to Ownership of Rights in Research Data. CREATe, University of Glasgow. http://eprints.gla.ac.uk/171314/
Burrow, Sheona; Margoni, Thomas and McCutcheon, Valerie (2018), Information Guide: Making Research Data Available. CREATe, University of Glasgow. http://eprints.gla.ac.uk/171315/
Burrow, Sheona; Margoni, Thomas and McCutcheon, Valerie (2018), Information Guide: Choosing a Licence for Research Data. CREATe, University of Glasgow. http://eprints.gla.ac.uk/171316/
Burrow, Sheona; Margoni, Thomas and McCutcheon, Valerie (2018), Information Guide: Using Research Data. CREATe, University of Glasgow. http://eprints.gla.ac.uk/171317/
Tools
Examples
An example of the existence of different data owners in the same project. Barbosa, Susana, & Karimova, Yulia. (2020). SAIL Data Management Plan (Version 1.0.0). Zenodo. https://doi.org/10.5281/zenodo.4286210
Take-home tasks
Looking at your own research project (master's thesis, PhD thesis, etc.), work through the information provided and identify what permissions you will need, and also what licences or copyright you would like to publish your work under.
Analyse different content with different licences, e.g. Flickr, YouTube, Wikimedia Commons, Vimeo, Wikipedia and the Internet Archive, Google.
See and analyse examples of the CC0 licence (https://creativecommons.org/2017/02/07/met-announcement/). Identify the specificity of this licence.
Find some examples of the real cases related to the licence, copyright and IPR issues, e.g. the case between Coca-Cola and Yotvata: https://www.youtube.com/watch?v=2nyhjM2BDQU&ab_channel=EliLevineGoldberg.
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