IPR: copyright and PhD theses Anna Collins DSpace@Cambridge, Cambridge University Library

Intellectual Property Rights & Research Data Important disclaimer – what follows is a very basic introduction These issues are important in regard to research data Think how they may affect your research and research data Consult further information: digital repository websites publishers’ copyright policies JISClegal website contract of employment

Intellectual Property Rights questions From Jisc report: Researchers of Tomorrow Intellectual property rights and copyright are more or less synonyms. Copyright is an automatic right and arises whenever an individual or company creates a work. Copyright can protect my ideas. If a work is posted on the internet it is in the public domain and not protected by copyright law. If a work does not have a copyright notice, it is not copyrighted. If you don't defend your copyright, you lose its protections. FALSE TRUE

Copyright Quiz The ownership of copyright is the same for creators of work regardless of their academic status or employment status False Intellectual Property Rights can be bought, sold, rented, gifted and bequeathed. True Copyright requires registration. False Copyright protection lasts forever. False Most web content can be re-used freely. False The onus of responsibility lies with the user of a work to get permission, even if the rights holder is unknown or cannot be traced. True

Research Data and Codes of Conduct Many professional bodies produce guidance on the standards and codes of conduct that are expected within the discipline. “All research should be conducted to the highest levels of integrity, including appropriate research design and frameworks, to ensure that findings are robust and defensible. Researchers should also adhere to the highest level of research ethics, in line with requirements set out by national and international regulatory bodies, professional and regulatory research guidance and research ethics frameworks issued in appropriate areas.” Research Councils UK Policy and Code of Conduct on the Governance of Good Research Conduct

Personal & Sensitive Personal Data Data Protection Act (UK) 1998 Data relating to living individuals which identifies them: name, age, sex, address, etc. Sensitive Personal Data Data that may incriminate a person: Race, ethnic origin, political opinion, religious beliefs, physical/mental health, sexual orientation, criminal proceedings or convictions. “Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.”

Confidential Personal Data Personal Data that may be considered confidential Data connected to the person providing them Data which identifies a person (name, addresses, occupation, photographs) Data given in confidence, or agreed to be kept confidential (i.e. not released into public domain) Data covered by ethical guidelines, legal requirements, or research consent forms

Intellectual Property Rights & Research Data “Intellectual property rights, very broadly, are rights granted to creators and owners of works that are the result of human intellectual creativity”  jisclegal.ac.uk Copyright: Creative works fixed in material form. Designs: Appearance and shape of product Patents: Inventions – things that make things work Trade marks: Signs that distinguish goods and services Moral Rights: Right to be attributed for your work Right to object to derogatory treatment of your work

Creative works fixed in material form Literary works Published and unpublished works Creator’s life +70 years Unknown creator: 70 years from creation Artistic works Including illustrations, photos, etc. Creator’s life + 70 years © periods Sound recordings © held by both recorder & recorded 50 years from creation Typographic arrangements Layout of text, tables & arrangement of database etc. 25 years from publication of work

Look into using Creative Commons licences TIP Look into using Creative Commons licences The pictures used in this presentation are available under creative commons licenses.

Copyright and interviews Who owns the copyright on the interview? The interviewee has copyright in their words You have copyright in your own words If you make a recording, you own the copyright of the recording If you make a transcription, you own the copyright of the transcription Make sure you think about copyright when you plan your interviews and obtain appropriate consent

Freedom of Information & Research Data Freedom of Information Act 2000 Any person can request any data held by public authorities – including universities The data do not have to have been produced by the university It just needs to hold the data Potential issue for collaborative projects where multiple copies of data are held in different institutions and countries A request must specify what data are sought There are exemptions to releasing information: Planned publication of results and data

Doctoral Theses and Copyright May include copyrighted material A paper manuscript thesis remains an unpublished literary work A digital e-thesis which is available online is a published literary work and has to comply with copyright law Copyright material can be placed in a restricted appendix Copyright material in the paper manuscript can be withdrawn (redacted) from the online e-thesis version An embargo can be placed on the dissemination of the thesis Consult e-theses and copyright guidelines of university libraries or digital repositories

E-Theses: Things to consider Pros: Cons: Make your findings available to all – often indexed and searchable by Google Raise your profile in the research community Persistent URL with Dspace@Cambridge Handy for CVs and professional profiles Publication plans for thesis - check regulations of publisher Patents arising from research Thesis contains sensitive data Requirements of project sponsor (eg industrial applications of research) Thesis contains significant quantity of 3rd party copyright material Discuss your options with your supervisor Make plans early

University of Cambridge’s Institutional Repository Accepts: DSpace@Cambridge University of Cambridge’s Institutional Repository Accepts: PhD theses Journal articles Research data Etc… Searchable online Items will receive a persistent URI Items will be preserved in the long term

Copyright - Online Guidelines Remember that different countries have different copyright law University Guidelines Students who are not employed by an institution own the copyright of the work they produce Students who part of a larger research project should check the terms and conditions of their contract JISC Legal (www.jisclegal.ac.uk) Legal guidance for information communication technology use in education, research, and external engagement Intellectual Property Office (http://www.ipo.gov.uk) Official governmental copyright summary

Acknowledgements Creative Commons Licence Open Access Post-Graduate Teaching Materials for Research Data Management Adapted by Anna Collins (2011) from modules created by Lindsay Lloyd-Smith (2011) for post- graduate training in Archaeology The Copyright Quiz and the presentation of the eight types of copyright are adapted from training material originally presented by copyright consultancy Naomi Korn (http://naomikorn.com). It makes use of training materials produced by the UK Data Archive on Managing and Sharing Data (under CC-BY-NC-SA 3.0 Unported Licence) Creative Commons Licence The teaching materials are released under Creative Commons licence 2.0 BY-NC-SA. You are free to re-use, adapt, and build-upon the work for educational purposes. The material may not be used for commercial purposes outside of education. If the material is modified and further distributed it must be released under a similar Creative Commons licence.