Legal Aspects of Data Access and Reuse in Collaborative Research

The Open Access to Knowledge Law Project and the Legal Framework for e-Research Project have released Building the Infrastructure for Data Access and Reuse in Collaborative Research: An Analysis of the Legal Context.

Here's an excerpt from the "Executive Summary":

This Report examines the broad legal framework within which research data is generated, managed, disseminated and used. The background to the Report is the growing support for systems that enable research data generated in publicly-funded research projects to be made available for access and use by others in the research community.

The Report provides an overview of the operation of copyright law, contract and confidentiality laws, as well as a range of legislation—privacy, public records and freedom of information legislation, etc—that is of relevance to research data. The Report considers how these legal rules apply to define rights in research data and regulate the generation, management and sharing of data. In any given research project there will be a multitude of different parties with varying interests. . . The Report examines the relationships between these parties and the legal arrangements that must be implemented to ensure that research data is properly and effectively managed, so that it can be accessed and used by other researchers.

Important in the context of collaborative research and open access, the Report describes and explains current practices and attitudes towards data sharing. . . . Often these practices are informed by international and national policies on access and use, formulated by international organisations and conferences, research funders and research bodies. The Report considers these policies at length and canvasses the development of the open access to research data movement.

Finally, the Report encourages researchers and research organisations to adopt proper management and legal frameworks for research data outputs. . . . The Report describes best practice strategies and mechanisms for organising, preserving and enabling access to and reuse of research data, including data management policies and principles, data management plans and data management toolkits. Proposals are made for further work to be undertaken on data access policies, frameworks, strategies and mechanisms.

Dealing with Data: Roles, Rights, Responsibilities and Relationships

JISC has released its Dealing with Data: Roles, Rights, Responsibilities and Relationships: Consultancy Report, which was written as part of its Digital Repositories Programme’s Data Cluster Consultancy.

Here’s an excerpt from the Executive Summary:

This Report explores the roles, rights, responsibilities and relationships of institutions, data centres and other key stakeholders who work with data. It concentrates primarily on the UK scene with some reference to other relevant experience and opinion, and is framed as "a snapshot" of a relatively fast-moving field. . . .

The Report is largely based on two methodological approaches: a consultation workshop and a number of semi-structured interviews with stakeholder representatives.

It is set within the context of the burgeoning "data deluge" emanating from e-Science applications, increasing momentum behind open access policy drivers for data, and developments to define requirements for a co-ordinated e-infrastructure for the UK. The diversity and complexity of data are acknowledged, and developing typologies are referenced.

Report on Chemistry Teaching/Research Data and Institutional Repositories

The JISC-funded SPECTRa project has released Project SPECTRa (Submission, Preservation and Exposure of Chemistry Teaching and Research Data): JISC Final Report, March 2007.

Here’s an excerpt from the Executive Summary:

Project SPECTRa’s principal aim was to facilitate the high-volume ingest and subsequent reuse of experimental data via institutional repositories, using the DSpace platform, by developing Open Source software tools which could easily be incorporated within chemists’ workflows. It focussed on three distinct areas of chemistry research—synthetic organic chemistry, crystallography and computational chemistry.

SPECTRa was funded by JISC’s Digital Repositories Programme as a joint project between the libraries and chemistry departments of the University of Cambridge and Imperial College London, in collaboration with the eBank UK project. . . .

Surveys of chemists at Imperial and Cambridge investigated their current use of computers and the Internet and identified specific data needs. The survey’s main conclusions were:

  • Much data is not stored electronically (e.g. lab books, paper copies of spectra)
  • A complex list of data file formats (particularly proprietary binary formats) being used
  • A significant ignorance of digital repositories
  • A requirement for restricted access to deposited experimental data

Distributable software tool development using Open Source code was undertaken to facilitate deposition into a repository, guided by interviews with key researchers. The project has provided tools which allow for the preservation aspects of data reuse. All legacy chemical file formats are converted to the appropriate Chemical Markup Language scheme to enable automatic data validation, metadata creation and long-term preservation needs. . . .

The deposition process adopted the concept of an "embargo repository" allowing unpublished or commercially sensitive material, identified through metadata, to be retained in a closed access environment until the data owner approved its release. . . .

Among the project’s findings were the following:

  • it has integrated the need for long-term management of experimental chemistry data with the maturing technology and organisational capability of digital repositories;
  • scientific data repositories are more complex to build and maintain than are those designed primarily for text-based materials;
  • the specific needs of individual scientific disciplines are best met by discipline-specific tools, though this is a resource-intensive process;
  • institutional repository managers need to understand the working practices of researchers in order to develop repository services that meet their requirements;
  • IPR issues relating to the ownership and reuse of scientific data are complex, and would benefit from authoritative guidance based on UK and EU law.

Position Papers from the NSF/JISC Repositories Workshop

Position papers from the NSF/JISC Repositories Workshop are now available.

Here’s an excerpt from the Workshop’s Welcome and Themes page:

Here is some background information. A series of recent studies and reports have highlighted the ever-growing importance for all academic fields of data and information in digital formats. Studies have looked at digital information in science and in the humanities; at the role of data in Cyberinfrastructure; at repositories for large-scale digital libraries; and at the challenges of archiving and preservation of digital information. The goal of this workshop is to unite these separate studies. The NSF and JISC share two principal objectives: to develop a road map for research over the next ten years and what to support in the near term.

Here are the position papers:

Friday’s OAI5 Presentations

Presentations from Friday’s sessions of the 5th Workshop on Innovations in Scholarly Communication in Geneva are now available.

Here are a few highlights from this major conference:

  • Doctoral e-Theses; Experiences in Harvesting on a National and European Level (PowerPoint): "In the presentation we will show some lessons learned and the first results of the Demonstrator, an interoperable portal of European doctoral e-theses in five countries: Denmark, Germany, the Netherlands, Sweden and the UK."
  • Exploring Overlay Journals: The RIOJA project (PowerPoint): "This presentation introduces the RIOJA (Repository Interface to Overlaid Journal Archives) project, on which a group of cosmology researchers from the UK is working with UCL Library Services and Cornell University. The project is creating a tool to support the overlay of journals onto repositories, and will demonstrate a cosmology journal overlaid on top of arXiv."
  • Dissemination or Publication? Some Consequences from Smudging the Boundaries between Research Data and Research Papers (PDF): "Project StORe’s repository middleware will enable researchers to move seamlessly between the research data environment and its outputs, passing directly from an electronic article to the data from which it was developed, or linking instantly to all the publications that have resulted from a particular research dataset."
  • Open Archives, The Expectations of the Scientific Communities (RealVideo): "This analysis led the French CNRS to start the Hal project, a pluridisciplinary open archive strongly inspired by ArXiv, and directly connected to it. Hal actually automatically transfers data and documents to ArXiv for the relevant disciplins; similarly, it is connected to Pum Med and Pub Med Central for life sciences. Hal is customizable so that institutions can build their own portal within Hal, which then plays the role of an institutional archive (examples are INRIA, INSERM, ENS Lyon, and others)."

(You may want to download PowerPoint Viewer 2007 if you don’t have PowerPoint 2007).

Report on Sharing and Re-Use of Geospatial Data in Repositories

The GRADE project has released a report titled Designing a Licensing Strategy for Sharing and Re-Use of Geospatial Data in the Academic Sector.

The JISC-REPOSITORIES announcement indicates that the report presents "a licensing strategy for the sharing and re-use of geospatial data within the UK research and education sector," and that it "puts forward a conceptual framework for resolving those described rights management issues raised in relation to repositories."

Here is an excerpt from the report that describes it further:

Geospatial material created in the education sector can be highly complex, incorporating data created elsewhere either as found, or customised to fit the particular need of the academic or lecturer. The downstream rights can become very complex, as it is necessary to ensure that permissions have been gained to reuse or repurpose the data, and it is usually essential that correct attribution is made. There are currently concerns and confusion over the assertion of IPR and copyright of created geospatial data particularly where third party data are included.

This report considers a licensing strategy for the sharing and re-use of geospatial data within the UK research and education sector.