1. IPR: copyright and PhD theses
Anna Collins
Cambridge University Library

2. 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

3. 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

4. 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

5. 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

6. 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.”

7. 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

8. 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

9. 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

10. 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.

11. 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

12. 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

13. 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

14. 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
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

15. University of Cambridge’s Institutional Repository Accepts:
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

16. 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 (
Legal guidance for information communication technology use in education, research, and external engagement
Intellectual Property Office (
Official governmental copyright summary

17. 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 (
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.