Dear Simon,
Thank you very much for providing the updated document!
Ive 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
Von: Simon CODATA [mailto:***@***.***]
Gesendet: Sonntag, 6. Dezember 2015 17:55
An: bruch
Cc: RDA/CODATA Legal Interoperability IG
Betreff: Re: References still needed for Section 3 Transparency and
Certainty.
Thanks, Christoph.
If you are not able to find the references today, then we can add them after
the review. But best to strike while the iron is hot, as it were.
Best wishes,
Simon.
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___________________________
Dr Simon Hodson | Executive Director CODATA | http://www.codata.org
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On 6 Dec 2015, at 02:08, Christoph Bruch
wrote:
Dear All,
Please excuse that I did not answer earlier.
I will look at the text tomorrow and will update it to the best of my
ability.
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: Simon CODATA [mailto:***@***.***]
Gesendet: Samstag, 5. Dezember 2015 12:22
An: bruch; RDA/CODATA Legal Interoperability IG
Betreff: References still needed for Section 3 Transparency and Certainty.
Wichtigkeit: Hoch
Christoph, all;
As with the last request, we are still lacking three references for Section
3 Transparency and Certainty.
Christoph, or anyone, can you supply these by 17.00 CET today?
Examples include the Data Access Committees of the European Genome-phenome
Archive; the NIH Data Access Committees; and the Geospatial data
confidentiality committee [add links to the 3 groups].
with very best wishes,
Simon.
___________________________
NEW! APPLICATIONS OPEN FOR CODATA-RDA RESEARCH DATA SCIENCE SUMMER SCHOOL:
http://indico.ictp.it/event/7658/
NEW! CALL FOR PAPERS, DATA SCIENCE JOURNAL: http://datascience.codata.org/
RECENT CODATA REPORTS:
http://codata.org/blog/2015/11/17/codata-collection-in-zenodo-recent-rep…
/
___________________________
Dr Simon Hodson | Executive Director CODATA | http://www.codata.org
E-Mail: ***@***.*** | Twitter: @simonhodson99 | Skype: simonhodson99
Blog: http://www.codata.org/blog
Diary: http://bit.ly/simonhodson99-calendar
Tel (Office): +33 1 45 25 04 96 | Tel (Cell): +33 6 86 30 42 59
CODATA (ICSU Committee on Data for Science and Technology), 5 rue Auguste
Vacquerie, 75016 Paris, FRANCE
