Rights and Research Data

Rights and Research Data

Useful stuff to know:

• Research Data and Codes of Conduct

• Personal and Sensitive Personal Data

• Intellectual Property Rights and Research Data

• Copyright Quiz

• Freedom of Information and Research Data

• Rights and Data Management Planning

• Group Discussion Exercise

30 mins

Institute for Archaeologists (UK) Standards and Archives Guidance

The Standard

All archaeological projects that include the recovery or generation of data and/or archaeological materials (finds) will result in a stable, ordered, accessible archive. All archaeologists are responsible for ensuring that the archive is created and compiled to recognised standards, using consistent methods, and is not subject to unnecessary risk of damage or loss.

Codes of Conduct

The archaeologist has responsibility for making available the results of archaeological work with reasonable dispatch

www.archaeologists.net/codes/ifa

Research Data and Codes of Conduct

Personal & Sensitive Personal Data

Personal Data• Data relating to living individuals which identifies them: name, age, sex, address,

etc.

Sensitive Personal Data• Data that may incriminate a person:

– Race, ethnic origin, political opinion, religious beliefs, physical/mental health, sexual orientation, criminal proceedings or convictions.

Personal & Sensitive Personal DataData Protection Act (UK) 1998

Personal Data that may be considered confidential • Data connected to a person providing them.• Data which identifies a person (name, addresses, occupation, photographs).• Data given in confidence, or agreed to be kept confidential (i.e. not released into

public domain).• Data covered by ethical guidelines, legal requirements, or research consent forms.

Intellectual Property Rights and Research Data

If somebody says they know that they understand IPR and Copyright,

don’t believe them, they are probably wrong!

• Important disclaimer – what follows is a very basic introduction.

• These issues are important in regard to research data.

• Think how they may affect your research and research data.

• Consult further information – digital repository websites, publisher copyright policies, contract of employment.

“Intellectual property rights, very broadly, are rights granted to creators and owners of

works that are the result of human intellectual creativity” (jisclegal.ac.uk)

• Copyright– Creative works fixed in material form.

• Designs– Appearance and shape of product

• Patents– Inventions – things that make things work

• Trade marks– Signs that distinguish goods and services

Intellectual Property Rights and Research Data

• Moral Rights– Right to be attributed for your work.– Right to object to derogatory treatment of your work.

Copyright Quiz

• Intellectual Property Rights can be bought, sold, rented, gifted and bequeath?

• Copyright requires registration?

• Copyright protection lasts forever?

• Most web content can be re-used freely?

• The ownership of copyright is the same for creators of work regardless of their academic status (e.g. students or lecturers), employment status (e.g. employed or self employed)?

• The onus of responsibility lies with the user of a work to get permission, even if the rights holder is unknown or cannot be traced?

False

False

False

False

True

True

Copyright & Research Data

• Copyright protects the expression of an idea– not the idea itself.

• Data is not covered by copyright– but the arrangement of data in a spreadsheet or database is.

• Copyright does not need to be registered– it is automatically assigned when a creative work is produced.

• Different forms of creative work are copyrighted for different lengths of time.

• Different institutions have different copyright clauses in their employment contracts.

• Different countries have different copyright law.

Sound recordings© held by both recorder & recorded50 years from creation

Typographic arrangementsLayout of text, tables, &arrangement of database etc.25 years from publication of work

Dramatic worksCreator’s life + 70 years

Artistic worksArchaeological illustrations & photographs, etc.Creator’s life + 70 years

Musical worksMultiple © types and holders.Composition, song lyrics, etc.Creator’s life + 70 years

BroadcastsMultiple © types and holders.Lasts 50 years from broadcast date

FilmMultiple © types and holders.70 years after death of last surviving principal director, screenplay authors, composer of film music

©

Creative works fixed in material form

Literary worksPublished and unpublished worksCreator’s life +70 years / +50 yearsUnknown creator: 70 / 50 years from creation

Copyright - Online Guidelines • University Guidelines

– Each country and each institution (employer) has different copyright regulations.

– Students who are not employed by an institution own the copyright of the work they produce.

– Students who part of a larger research project should check the terms and conditions of their contract.

• JISC Legal (www.jisclegal.ac.uk)– Legal guidance for information communication technology use in education, research,

and external engagement

• Intellectual Property Office (http://www.ipo.gov.uk)– Official governmental copyright summary

Freedom of Information and Research DataFreedom of Information Act 2000

• Any person can request any data held by public authorities – including universities.

• The data does not have to have been produced by the university.

– It is the fact they hold the data that is important.– This is a potential issue for collaborative projects where multiple

copies of data are held in different institutions and countries.

• A request must specify what data are sought.

• There are exemptions to releasing information:– Planned publication of results and data .

4.Publish &

Deposit Data

5.Preservation

& Re-Use

1.Create

2.Active Use

3.Selection &Evaluation

What data will the project produce?

Plan early for issues of:

• Original ownership of data

• Intellectual Property Rights and Data

• Sensitive Data - Archaeological and Personal

• What data will be deposited?

• Where might the data be deposited?

Talk to the digital repository early

Back to the Future…

1.Create

Exercise 4: Group Discussion

For your own project data:

• What data will / could be archived?

• Do you have authority to deposit these data?

• What steps will you need to carry out to do this?

• Do any ethical issues arise with your research data?

Cambridge University Library

Open Access Post-Graduate Teaching Materials for Research Data Management in Archaeology

Created by Lindsay Lloyd-Smith (2011)

Module 4 Rights and Research Data

AcknowledgementsThis material was created by the JISC-funded DataTrain Project based at the Cambridge University Library. Project Manager: Elin Stangeland (Cambridge University Library)Project advisors: Stuart Jeffrey (Archaeology Data Service), Sian Lazar (Department of Anthropology, Cambridge University), Irene Peano (DataTrain Project Officer – Social Anthropology), Cameron Petrie (Department of Archaeology, Cambridge University), Grant Young (Cambridge University Library), and Anna Collins (DSpace@Cambridge Research Data and Digital Curation Officer).

The Copyright Quiz and the presentation of the eight types of copyright are adapted from training material originally presented by copyright consultancy Naomi Korn (http://naomikorn.com).

Image creditsSlide 4: Screenshot courtesy of the Archaeology Data Service.

Creative Commons LicenceThe teaching materials are released under Creative Commons licence UK CC BY-NC-SA 2.0: By Attribution, Non-Commercial, Share-Alike. You are free to re-use, adapt, and build-upon the work for educational purposes. The material may not be used for commercial purposes outside of education. If the material is modified and further distributed it must be released under a similar CC licence.