Open access and Big Data

Open Access and Big Data

Lucie Guibault

institute for Information Law

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If Big Data is not protected, then anyone can use the data without restriction.

If Big Data is protected, then permission is needed by law or the rights owner.

This is where Open Access kicks in

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Content

Big Data and IP Protection Copyright Database right

Open Access Licenses

Principles of OA

Licenses

Big Data and copyright protection?

Big Data = compilation, collection of data, database

No protection on ideas, facts and principles only on 'original expressions'

Copyright protection unlikely on Contents: ideas and facts excluded from protection Database: if lack of originality in selection and arrangement

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Big Data & Sui generis database right

Definition: "collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means."

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Criteria for protection

... database which shows that there has been qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents to prevent extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database.

British Horseracing Board, CJEU (2004)

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Scope of database protection

Exclusive right to extract and re-utilize substantial amount of the content of the database

Repeated and systematic extraction and re-utilization ofinsubstantial parts of the database Innoweb vs Wegener, CJEU (2012)

Limited exceptions on extractions and re-utilization

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Database right on scientific output?

Is there substantial investment in obtaining, verification and presentation of the contents of the database?

If so, who is ‘the person who takes the initiative and the risk of investing’ eligible to qualify as rights holder? The Funding organization, the University or the researcher?

Legal status of scientific output not entirely clear;

Exception for scientific use is poorly implemented and harmonized.

Authorization of the rights owner is required to use a substantial portion of the contents of a database

IP Protection of scientific output

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European Open Access Policy

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Open Access Principles Berlin Declaration:

The author(s) and right holder(s) of such contributions grant(s) to

all users a free, irrevocable, worldwide, right of access to, and a

license to copy, use, distribute, transmit and display the work

publicly and to make and distribute derivative works, in any

digital medium for any responsible purpose, subject to proper

attribution of authorship Free accessibility, further distribution, free

modification and proper archiving

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General overview

OA principles widely embraced by governments and funding agencies around the world Mainly in relation to publications Research Data not yet a focus in most

countries Restrictions on access through contracts

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CC Licences(6 possible combinations)

Attribution

NoDerivatives

Non-Commercial

Share-Alike



Open Issues

Contractual restrictions on use of Big Data Text and Data Mining – are OA principles

enough? Ownership of rights in Public/Private

Partnerships (Non) Commercial reuse

Attribution (in case of data)


Thank you very much!For more information:

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