4th OpenAIRE Workshop, Nils Dietrich

Case Studies Specific Usage Scenarios

Nils Dietrich, LL.M.Universität Göttingen

Contact: [email protected]

1The legal study of OpenAIREplus. copyright 2013

“Legal Prototype” of e-infrastructure

• Within this part of the study the constraints on the use of data stemming from IP rights are elaborated on in detail.

• The analysis is based on selected scenarios for the usage of research data.

• The scenarios serve as examples of workflows that may potentially be carried out in OpenAIREplus.

The legal study of OpenAIREplus. copyright 2013 2

End user scenario A Picture a

researcher who is a participant in an EC project and reports in OpenAIREplus an Open Access publication resulting from this EC project. The publication refers to already available primary data that has a DataCite-DOI. The researcher can either enter this DOI or browse datasets with DataCite-DOIs to generate the link between the publication and the data.


Which types of usage are relevant?

•This scenario is an example of the linking of a publication to primary data. •The scientist is able to generate a link between the

publication and the data. •The scientist is able to access datasets. •OpenAIRE has to resolve the DOI using the DataCite

database. 4The legal study of OpenAIREplus. copyright 2013

Is there infringement of IP rights

•The type of research data that is dealt with here is primary data.

•Such primary data will normally not be protected by copyright.

•But the database that contains the primary data is usually protected by the sui generis database right.



•The use of a substantial part of a database•The use by the single researcher •The use by the OpenAIRE infrastructure itself

•Extraction and re-utilisation •Accessing•Linking


(-)(+)


•Accessing •By the user

•By the OpenAIRE infrastructure

•Linking • It depends on the national jurisdiction, whether

linking is a relevant act. 7The legal study of OpenAIREplus. copyright 2013

Consequences •I

t is still not clear whether users are allowed to generate links to data that is already available on the internet.

•OpenAIREplus would infringe the sui generis database protection right if it processes the data of the DOI without the permission of the rightholder of the DataCite database.


Third-party provider scenario D

In the Netherlands all universities and the Royal Netherlands Academy of Arts and Sciences use the research information system, called METIS. In the open access part information on research projects, including their output, may be found. Possible types of output include datasets, articles, conference papers and presentations. The NARCIS system, which is used as an aggregator for OpenAIREplus, harvests metadata from METIS, publication repositories and dataset repositories. When metadata of these different sources shares a common metadata element, for instance the EU project code, NARCIS is able to show the relationships between research

projects, organisations, researchers and research output.


Which types of usage are relevant?

•Metadata is harvested from METIS and other repositories.

•After harvesting, the metadata is stored in OpenAIREplus.

•NARCIS is able to show which documents share a metadata element, e.g. which data belongs to a specific EU project code.



•The actions of harvesting metadata carried out by NARCIS in this scenario could especially infringe the sui generis database protection right of the different repositories.

•If some of the metadata is protected by copyright, the harvesting could also infringe copyright.



•At first NARCIS accesses the open access part of the repositories.

•One could think about the application of the scientific research exception.

•NARCIS shows relationships between the data.


Consequences •W

ithout an agreement with the repositories on the copying of their data, OpenAIRE is not allowed to harvest their data and copy it into the OpenAIRE infrastructure.

•As it is one of the goals of the project to enable the mutual harvesting of resources between OpenAIRE and external sources, it is very important to reach an agreement with the different repositories on the mutual use of databases.


Thank you for your attention!


Technology

4th OpenAIRE Workshop, Nils Dietrich