[Willi Egloff]

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

Discussion

[Simon Hodson]

Dear Willi,
Thanks very much for this. I don’t think we are over doing the apparatus – but key statements should be referenced.
Best wishes,
Simon.
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