Study on the protection of research data and…

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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…

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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

Datasharing guía práctica para compartir datos de investigación…

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Datasharing: guía práctica para compartir datos de investigación :

“Asociar los datos de investigación a la publicación favorece que la comunidad científica los reutilice, pero no tiene suficientes garantías de preservación. Almacenarlos en bases de datos solventa esta contingencia y aporta visibilidad, pero en España no existen demasiados servicios de estas características. Por esta razón, se describen, evalúan y exponen los pros y contras de depósitos de datos multidisciplinares extranjeros que pueden ser de utilidad para investigadores y gestores de información: Dryad, Figshare, Zenodo y Dataverse. Todavía es pronto para escoger de forma óptima y definitiva entre una u otra aplicación, por lo que se concluye con unas recomendaciones que orienten a la comunidad de usuarios e intermediarios.”

“To associate research data to the published results favors their reuse by the scientific community, but this does not afford sufficient guarantees of preservation. To store them in databases solves this contingency and provides visibility, but in Spain there are not many services of this kind. For this reason, we describe, evaluate and discuss the pros and cons of foreign multidisciplinary data repositories that can be useful for researchers and information managers: Dryad, Figshare, Zenodo and Dataverse. It is still early to choose optimally and definitively one or the other application, so we conclude with recommendations to guide the user community and intermediaries.”

URL : http://eprints.rclis.org/20907/

Research Data Management Principles Practices and Prospects …

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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

The Open Access Divide This paper is…

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The Open Access Divide :

“This paper is an attempt to review various aspects of the open access divide regarding the difference between those academics who support free sharing of data and scholarly output and those academics who do not. It provides a structured description by adopting the Ws doctrines emphasizing such questions as who, what, when, where and why for information-gathering. Using measurable variables to define a common expression of the open access divide, this study collects aggregated data from existing open access as well as non-open access publications including journal articles and extensive reports. The definition of the open access divide is integrated into the discussion of scholarship on a larger scale.”

URL : http://www.mdpi.com/2304-6775/1/3/113

Data reuse and the open data citation advantage…

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Data reuse and the open data citation advantage :

Background: Attribution to the original contributor upon reuse of published data is important both as a reward for data creators and to document the provenance of research findings. Previous studies have found that papers with publicly available datasets receive a higher number of citations than similar studies without available data. However, few previous analyses have had the statistical power to control for the many variables known to predict citation rate, which has led to uncertain estimates of the “citation benefit”. Furthermore, little is known about patterns in data reuse over time and across datasets.

Method and Results: Here, we look at citation rates while controlling for many known citation predictors and investigate the variability of data reuse. In a multivariate regression on 10,555 studies that created gene expression microarray data, we found that studies that made data available in a public repository received 9% (95% confidence interval: 5% to 13%) more citations than similar studies for which the data was not made available. Date of publication, journal impact factor, open access status, number of authors, first and last author publication history, corresponding author country, institution citation history, and study topic were included as covariates. The citation benefit varied with date of dataset deposition: a citation benefit was most clear for papers published in 2004 and 2005, at about 30%. Authors published most papers using their own datasets within two years of their first publication on the dataset, whereas data reuse papers published by third-party investigators continued to accumulate for at least six years. To study patterns of data reuse directly, we compiled 9,724 instances of third party data reuse via mention of GEO or ArrayExpress accession numbers in the full text of papers. The level of third-party data use was high: for 100 datasets deposited in year 0, we estimated that 40 papers in PubMed reused a dataset by year 2, 100 by year 4, and more than 150 data reuse papers had been published by year 5. Data reuse was distributed across a broad base of datasets: a very conservative estimate found that 20% of the datasets deposited between 2003 and 2007 had been reused at least once by third parties.

Conclusion: After accounting for other factors affecting citation rate, we find a robust citation benefit from open data, although a smaller one than previously reported. We conclude there is a direct effect of third-party data reuse that persists for years beyond the time when researchers have published most of the papers reusing their own data. Other factors that may also contribute to the citation benefit are considered. We further conclude that, at least for gene expression microarray data, a substantial fraction of archived datasets are reused, and that the intensity of dataset reuse has been steadily increasing since 2003.”

URL : https://peerj.com/articles/175/

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