Copyright Issues in Data Management CHRISTINE FRUIN / SCHOLARLY COMMUNICATIONS LIBRARIAN

DISCLAIMER : The contents of this presentation should not be construed as legal advice. Please refer to all applicable policies and agreements before reusing, sharing or publishing any data. Questions about UF policies and reuse of data collected at UF facilities should be directed to the UF General Counsel’s office and/or Office of Technology and Licensing.

Topics for Today Copyright Protection for Data ◦Copyright Act ◦UF Intellectual Property Policy and Other University Research Policies ◦Funder Agreements Licensing Data for Reuse and Attribution ◦Creative Commons licenses ◦Open Data Commons licenses ◦Attribution Other Legal Issues in Data Management ◦Ethical Uses of Data ◦Privacy and Confidentiality Resources

Copyright Protection for Data U.S. Copyright Act (17 U.S.C. §101 et seq.) ◦What is protected? ◦Original works of authorship fixed in a tangible format (e.g. books, music, software, film, choreography) ◦Not protected - facts, ideas, data ◦Data may be protected by copyright when assembled into a dataset or database provided the author makes choices about the selection, coordination, or arrangement of the facts or data, and those choices must be at least a little bit creative. Effort to do so (“sweat of the brow”) is insufficient. ◦Even if a database or compilation is arranged with sufficient originality to qualify for copyright protection, the facts and data within that database are still in the public domain. Anyone can take those facts and reuse or republish them, as long as that person arranges them in a new way. If they are accessible only under a contract that conditions access on limiting how the facts and data may or may not be used, any such contract would control. ◦Database or compilation reuse – subject to fair use or licensing selected by the creator When data is originally produced, distribution is generally at the discretion of the principal investigator — subject to institutional policy or funder agreement. When data is compiled from other sources, the rights for use in research projects is limited by the conditions set forth by the authors of the data.

Policies on Data Ownership University of Florida Policies – ownership, sharing, reuse ◦UF Intellectual Property Policy ◦Section C.1.o: University supported works are property of the University – includes databases. The researcher is the steward of the data ◦Section C.2: “University Personnel are required to record all research data and information accurately and clearly and to keep all such data in a permanent and retrievable form….Personnel who leave the University may be permitted to copy their laboratory notebooks and other research data and take the copies with them, and take samples of tangible property with them, although they are required to maintain the confidentiality of the data contained within the notebooks and the tangible property….The original notebooks and other research data will remain at the University.” ◦Collective Bargaining Agreement Article 25 “Intellectual Property” ◦Section 25.3: “Except as otherwise required by [applicable laws and regulations] or the terms of any applicable sponsored agreements, faculty members shall have the right to control of their… raw data…. ◦Section 25.4(b) – University supported works are property of the Board of Trustees subject to any sponsoring agreements. ◦Complex terms regarding rights retained by faculty and BoT – please consult with OTL or General Counsel for specific questions Funder Policies – always verify terms of sponsor or funder agreements regarding ownership, sharing and reuse of data compiled during research

Licensing Data for Reuse and Attribution  Creative Commons Licensing  Open Data Commons Licensing  Attribution/Citation Public Domain License Public Domain Dedication and License (PDDL) – places database in the public domain thereby waiving all rights. Users are free to share, create and adapt the work. CC0 License – dedicates a work to the public domain by waiving all copyright and neighboring rights. Attribution License ODC-BY License – allows users to share, create and adapt the work so long as proper attribution to the creator is given CC-BY License – allows users to share, create and adapt the work so long as proper attribution to the creator is given Attribution – Share Alike License ODC-ODbL – allows users to share, create and adapt the work so long as attribution to the creator is provided and any adapted version of the work is licensed under ODbL and redistributed without restriction CC-BY-SA – users can share, create and adapt the work so long as attribution to the creator is provided and any adapted version of the work is licensed under CC-BY-SA and redistributed without restriction

Other Legal Issues ETHICAL USE OF DATA  Review UF Responsible Conduct of Research codes and documents, including IRB requirements  Be aware of any funder/sponsoring agency codes of conduct  OTL’s Procedures for Academic Laboratory Settings ( ) PRIVACY AND CONFIDENTIALITY o Informed consent – make sure subjects know how the data will be used, shared, and protected o Take steps to preserve subject privacy and inform subjects of steps that will be taken to protect their confidential information o Before sharing data be sure to remove any identifying or personal/confidential information – anonymize the data o Protect data from unauthorized access

Resources Copyright LibGuide – see Copyright and Data Management Tab for more info and resources ◦ Collective Bargaining Agreement Article 25 ◦ UF Intellectual Property Policy ◦ Creative Commons and Data ◦ Open Data Commons Licenses ◦ Open Data Handbook ◦ How to Cite Data (Michigan State University) ◦