[Christoph Bruch]

Dear Willi,
I agree that we have to limit the number of references.
It’s up to the group to decide which should be included.
I stated my opinion and think if we the group decides to add the reference we should include the OpenAIRE study.
Regards,
Christoph
Christoph Bruch
Helmholtz Association
Helmholtz Open Science Coordination Office
W: http://oa.helmholtz.de
M: +49 (0)151 14 09 39 68
Von: Willi Egloff [mailto:***@***.***]
Gesendet: Montag, 7. Dezember 2015 23:12
An: ***@***.***-groups.org; ***@***.***
Betreff: Re: [rda-legalinterop-ig]
Dear Christoph
If we have to put references to each sentence in these implementation guidelines, we will end up with a rather complicated and contradictionnary document. It is clear that in scientific literature exist various opinion on many of the discussed points. I think that we discussed quite a series of them during our phone calls. The actual text is the result of these discussions, and we should not reopen the discussion.
As far as the copyrightability of research data is concerned, I’m quite aware of the discussion within the EU. In the licensing study of OpenAIRE, which has been published in various form (see e.g. Dietrich N., Guibault L., Margoni T., Siewicz K., Spindler G., Wiebe A., OpenAIRE Study on licensing of publications and research data, Amsterdam 2013 (http://www.ivir.nl/publications/guibault/OpenAIRELicensingStudy_Summary.pdf), the authors present the legal situation in France, Germany, Italy, the Netherlands and Poland. We did the same in a study in the framework of the EU BON project for the legal situation in Denmark, France, Germany, Italy, Norway, Sweden and United Kingdom (Egloff W. et al., Open exchange of scientific knowledge and European copyright: The case of biodiversity information, Zookeys 414.109-135, 2014; DOI: 10.3897/zookeys.414.7717 ). The OpenAIRE study refers primarily to EU research documents in form of publications, the EU BON study refers to biodiversity information, mostly in form of organised research data. This explains some variations in the evaluation of the copyright situation. The main findings, however, do not differ substantially. But neither of them is an exhaustive presentation of the discussion about copyrightability of research data, that would be worth citing in the context of the implementation guidelines.
Best regards,
Willi
Am 07.12.2015 um 02:10 schrieb bruch:
Dear Simon,
Thank you very much for providing the updated document!
I’ve added the requested links in the attached version.
The attached document also contains a table of contents which I inserted to help me understand the whole document.
Even though the document has already been send for review I wonder whether we need the headline “Implementation Guidelines” under each principles headline?
This question is emphasised by the fact that these “Implementation Guidelines” sections always contain a subheading ”B. …: Guidelines for Implementation”
I also added a comment to the chapter von “Principle Two” (page 12)
In this chapter there is the sentence “Although there is a widespread opinion that copyright can be claimed for research data, this claim is often lacking any legal grounds”.
No source is mentioned for either of the two statements in the sentence.
This may be ok for the first one.
At least in respect for the second statement it would be very helpful to be able to refer to source for more detailed information comparing how certain kind of information can assume copyright protection in certain jurisdictions.
I suggest linking to
Guibault, Lucie; Wiebe, Andreas (2013): Safe to be Open: Study on the protection of research data and recommendation for access and usage, Göttingen, University of Göttingen Press.
http://webdoc.sub.gwdg.de/univerlag/2013/legalstudy.pdf
Any e-infrastructure which primarily relies on harvesting external data sources (e.g. repositories) needs to be fully aware of any legal implications for re-use of this knowledge, and further application by 3rd parties. OpenAIRE’s legal study will put forward recommendations as to applicable licenses that appropriately address scientific data in the context of OpenAIRE.
This study addresses the most important legal issues when implementing an open access e-infrastructure for research data. It examines the legal requirements for different kinds of usage of research data in an open access infrastructure, such as OpenAIREplus, which links them to publications. The existing legal framework regarding potentially relevant intellectual property (IP) rights is analysed from the general European perspective as well as from that of selected EU Member States. Various examples and usage scenarios are used to explain the scope of protection of the potentially relevant IP rights. In addition 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. Based on the outcomes of these analyses, some recommendations to the European legislator as well as data- and e-infrastructure providers are given on improving the rights situation in relation to research data.
The legal research team also highlighted the usefulness of the CC licenses to license scientific datasets, in particular the CC0 Public Domain dedication and CC-BY/CC-BY-SA. OpenAIRE endorses the use of the CC-4.0 licenses. The advantages of the recently released CC 4.0 licenses are such that they have the advantage of including the sui generis database rights into the scope of the licensed rights.
Regards
Christoph
PS. I will be on leave and off-line from 10 December to 25 January.
Christoph Bruch
Helmholtz Association
Helmholtz Open Science Coordination Office
W: http://oa.helmholtz.de
M: +49 (0)151 14 09 39 68

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