Who owns the data? Intellectual property considerations for academic research data

Who owns the data?: ���Intellectual property considerations for

academic research data���

Rebekah Cummings Research Data Management Librarian, University of Utah

GWLA/GPN Annual Meeting 2015 May 27, 2015

Summer 2012

Data Management Rollout Survey

JISC Data Management Rollout Project Survey Results- 2012- http://damaro.oucs.ox.ac.uk/outputs.xml

Objectives

1.  Frame some of the complications around intellectual property and data management

2.  Hear from you about your institution’s stance on data ownership

Two caveats 1.  I am a librarian, not a lawyer 2.  There are very few absolutes.

Photos: National Archives, Hathi Trust Slide adapted with permission from Amy Rudersdorf and Franky Abbott, DPLA

Academic research data “The recorded factual material commonly accepted in the research community as necessary to validate research findings.” – U.S. Office of Management and Budget, Circular A-110

Academic Research Data

Govn’t Data

Academic Research

Data

Proprietary

Data

More Open

Less Open

Why do we care about data ownership?

Reproducibility

Responsibility

Data Management Plans

Complication #1- Stakeholders

1.  Researchers 2.  Universities 3.  Funding Agencies 4.  Public

Ownership of data

Table from “Research Data Stewardship at UNC,” 2012

Complication #2 – Data and IP

“The discoverer of a scientific fact as to the nature of the physical world, an historical fact, a contemporary news

event, or any other ‘fact’ may not claim to be the ‘author’ of that fact. If anyone may claim authorship of facts, it must be the Supreme Author of us all. The discoverer

merely finds and records.” Melville Nimmer, 1963

Case law •  Baker v. Seldon (1879) – documents must contain a

significant amount of originality to qualify for copyright. •  Feist v. Rural (1991) – phone books and other

compilations of facts are not eligible for copyright; lack originality.

•  Miller v. Universal Studios, Inc. (1981) – Aggregated research is not eligible for copyright.

However… •  If data are selected, arranged, and coordinated in an

original way, they may be eligible for copyright (17 U.S.C. §101. Definitions)

•  “Data” often includes materials that are highly original

•  Data laws are not harmonized worldwide (Reichman & Uhlir, 2003)

Complication #3 - Terminology

•  Data ownership •  Data governance •  Data stewardship

University of Utah policy "Except where precluded by the specific terms of a sponsored agreement, tangible research property, including the scientific data and other records of research conducted by the faculty or staff of the University, belongs to the University.” 

“The University of Utah retains ownership and stewardship of the scientific data and records for projects conducted at the University or that use University personnel or resources

Employee Intellectual Property Assignment says that University IP includes “the tangible and intangible results of research (including for example data, lab notebooks, charts, etc.)”

Mechanisms for data sharing

•  Contracts •  Licenses •  Waivers

Krier and Strasser, 2014

What can librarians do? 1.  Be familiar with your institution’s policies

2.  Educate your researchers about the ownership issues surrounding their data

3.  Encourage waivers and unrestrictive licenses to encourage open sharing of data

4.  Become part of the conversation on your campus and in the library community around data ownership

Questions for the audience 1.  Does your institution have clear policies on

data governance?

Questions for the audience

1.  What are they?

Smithsonian

Questions for me?

Ask now! Or…

Call me (801) 581-7701

Email me rebekah.cummings@utah.edu

Tweet me @RebekahCummings