Study on the protection of research data and…

Statut

Study on the protection of research data and recommendations for access and usage :

“This study is basically divided into four parts. Its objective is to examine the legal requirements for different kinds of usage of research data in an open access infrastructure, such as OpenAIREplus, which links them to publications.
Within the first part, the requirements for legal protection of research data are analysed. In the process, the existing legal framework regarding potentially relevant intellectual property (IP) rights is analysed from different perspectives: first from the general European perspective and subsequently from that of selected EU Member States (France, Germany, Italy, the Netherlands, Poland and the UK).
It should be noted that the European legal framework is partly harmonised in the field of copyright and largely harmonised in the field of the sui generis database protection right by EU directives. Thus, the national regulations are quite similar in many respects. National differences are described following the section on national implementation in Chapter 2.5.
Despite European harmonisation, the perhaps surprising outcome of the analysis is that there are some areas of dis-harmonisation between the different Member States. One very significant example of dis-harmonisation is the “exception for scientific research” to the sui generis database right. It is not mandatory for this exception to be introduced into national legislation and it seems that every Member State has its own interpretation of the underlying directive. As it is drafted at the moment, the exception is to all intents and purposes useless.
Another area that causes difficulties is the question of who becomes the rightholder of the sui generis right in a database that is created by a public body or in the course of publicly funded research. Indeed it is far from clear. Some might say the research institution or the funding agency or both become the rightholder. But of the legal regimes under consideration in this study, the only jurisdiction with clear regulation on this matter is the Netherlands and it generally denies a public authority the right to exercise the exclusive database right.
Additionally, it is still unclear whether linking, or at least deep linking, should be seen as a relevant act of communication to the public. There are contradictory judgments at the level of the Member States. However, at least this question will soon be clarified in the scope of an actual reference to the European Court of Justice(ECJ).

The second part of the study is dedicated to the scope of protection of the potentially relevant IP rights. First there is an analysis of whether different types of usage, such as linking, access or mining, infringe the different kinds of IP rights. Secondly, a “legal prototype of an e-infrastructure”, based on selected usage scenarios that may occur during the use of e-infrastructures such as OpenAIREplus, is evaluated in more detail. The main outcome of this second part is that by far the most important IP right in the context of e-infrastructures such as OpenAIREplus is the sui generis database right, and that it is very likely not possible to use all the described einfrastructure features without the consent of the respective rightholder(s).

The third part is an examination of some relevant licensing issues. Within this part of the study, different licence models are analysed in order to identify the licence that is best suited to the aim of Open Access, especially in the context of the infrastructure of OpenAIREplus. The result is that the upcoming CC License version 4.0 will probably be the one best suited to this kind of infrastructure. Within the last part, some recommendations are given on improving the rights situation in relation to research data. To respond to the fact that the scientific research exception as presently formulated is rather useless, it is suggested that a new and broader mandatory research exception be introduced on a European level. To achieve legal interoperability of different databases and e-infrastructures, it is recommended that all of them should license their data under the upcoming CC License version 4.0.”

URL : Study on the protection of research data and recommendations for access and usage

Disciplinary differences in faculty research data management practices…

Statut

Disciplinary differences in faculty research data management practices and perspectives :

“Academic librarians are increasingly engaging in data curation by providing infrastructure (e.g., institutional repositories) and offering services (e.g., data management plan consultations) to support the management of research data on their campuses. Efforts to develop these resources may benefit from a greater understanding of disciplinary differences in research data management needs. After conducting a survey of data management practices and perspectives at our research university, we categorized faculty members into four research domains—arts and humanities, social sciences, medical sciences, and basic sciences—and analyzed variations in their patterns of survey responses. We found statistically significant differences among the four research domains for nearly every survey item, revealing important disciplinary distinctions in data management actions, attitudes, and interest in support services. Serious consideration of both the similarities and dissimilarities among disciplines will help guide academic librarians and other data curation professionals in developing a range of data-management services that can be tailored to the unique needs of different scholarly researchers.”

URL : http://www.ijdc.net/index.php/ijdc/article/view/8.2.5

Research Data Management Principles Practices and Prospects …

Statut

Research Data Management Principles, Practices, and Prospects :

“This report examines how research institutions are responding to data management requirements of the National Science Foundation, National Institutes of Health, and other federal agencies. It also considers what role, if any, academic libraries and the library and information science profession should have in supporting researchers’ data management needs.”

URL : http://www.clir.org/pubs/reports/pub160

European Landscape Study of Research Data Management

The European Landscape Study of Research Data Management offers an overview of how to effectively support researchers in their data management. It looks at interventions by funding agencies, research institutions, national bodies and publishers across the European Union member states. The report also makes recommendations that organisations can adopt to help their researchers.

URL : https://www.sim4rdm.eu/sites/default/files/uploads/documents/SIM4RDM%20landscape%20report%20vs1%204_14.08.13.pdf

Making research data repositories visible the re3data org…

Statut

Making research data repositories visible: the re3data.org registry :

“Researchers require infrastructures that ensure a maximum of accessibility, stability and reliability to facilitate working with and sharing of research data. Such infrastructures are being increasingly summarized under the term Research Data Repositories (RDR). The project re3data.org – Registry of Research Rata Repositories has begun to index research data repositories in 2012 and offers researchers, funding organizations, libraries and publishers an overview of the heterogeneous research data repository landscape. Information icons help researchers to easily identify an adequate repository for the storage and reuse of their data. This article describes the RDR landscape, outlines the practicality of re3data.org as a service, and shows how this service helps to find research data.”

URL : https://peerj.com/preprints/21v1/

Forging New Service Paths Institutional Approaches to Providing…

Statut

Forging New Service Paths: Institutional Approaches to Providing Research Data Management Services :

Objective: This paper describes three different institutional experiences in developing research data management programs and services, challenges/opportunities and lessons learned.

Overview: This paper is based on the Librarian Panel Discussion during the 4th Annual University of Massachusetts and New England Region e-Science Symposium. Librarians representing large public and private research universities presented an overview of service models developed at their respective organizations to bring support for data management and eScience to their communities. The approaches described include two library-based, integrated service models and one collaboratively-staffed, center-based service model.

Results: Three institutions describe their experiences in creating the organizational capacity for research data management support services. Although each institutional approach is unique, common challenges include garnering administrative support, managing the integration of services with new or existing staff structures, and continuing to meet researchers needs as they evolve.

Conclusions: There is no one way to provide research data management services, but any staff position, committee, or formalized center reflects an overarching organizational commitment to data management support.”

URL : http://escholarship.umassmed.edu/jeslib/vol1/iss3/2/