Legal bases: Research Data Licensing

M1 Research Data Management M2 Visibility of the activity and networking Orientation module M4 Advice and technical support M3 CAS in DATA STEWARDSHIP LEGAL BASES RESEARCH DATA LICENSING Legal framework and good scientific practices Anouk Santos 2 ABOUT THIS PRESENTATION This presentation is released under a CC BY 4.0 license, which means that you are free to reuse, distribute, remix, adapt, and build upon the material in any medium or format only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, we highly recommend to license the modified material under identical terms. This course is part of the CAS in Data Stewardship. Author Anouk Santos Provider Bibliothèque de l'Université de Genève Title Legal bases –Research data licensing Education level Graduates Language English License CC BY 4.0 [ excepted for slides 8 + 15 under CC BY-SA] Estimate total time 30’ ( with interactions) Version v2024103 1 How to attribute Santos, Anouk (UNIGE), 2024. Legal Bases –Research data licensing [Lausanne]. CAS Data Stewardship UNIL. 31 October 2024. 3 RESEARCH DATA LICENSING Copyright, Creative Commons licenses, code licensing CAS in Data Stewardship UNIL 2024-2025 Three conditions must be reunited. A work is: 1. A creation of the mind, 2. Which has an individual character, 3. And is expressed in one form or another. Computer programs (software) are considered works (LDA art. 2, al. 3). Photographs, even without individual character, are protected works (LDA art. 2, al. 3bis). COPYRIGHT: WHAT IS A PROTECTED WORK? Source: CCdigitallaw 2020 4 •Copyright does not protect facts, information, ideas, formulas, algorithms, scientific measurements, etc. •Because these factual scientific data are not original works as defined by copyright law. •These data are generated and compiled by scientific methods, but this is not something that copyright automatically rewards and protects. •Copyright only protects works. THE CASE OF FACTUAL SCIENTIFIC DATA Source: Pantaloni 2017 5 ✓Compatible with data ✓Widely used within the scientific field ✓Well known (but not always fully understood) not designed for software or computer code CC LICENSES 6 7 4 ELEMENTS BY (Attribution): the creator of the original work must be cited SA (ShareAlike): the work or the derivative work (adaptation) must be shared under the same license NC (NonCommercial): the work is only available for noncommercial use ND (NoDerivatives): sharing the work is authorized, but not the creation of derivative work (adaptation) Adapted from How to Attribute Creative Commons Photos by Foter, licensed under CC BY-SA 3.0 (CC0 added on top). This slide is licensed CC BY-SA 4.0. PUBLIC DOMAIN DEDICATION CC0 You can share and modify the work with no restrictions nor obligations. 8 Data licensed with a ND element can’t be: •Modified •Combined or enriched with any other data •Translated In fact, a ND requirement forbids the creation of derivative works. NODERIVATIVES (ND) Source: Ball 2014 and Kreutzer 2014 9 •Licenses and data protection are two different things: licenses refeer to copyright law, which is different than data protection laws. •It’s not logic, nor allowed, to share a dataset that contains personal or sensitive data under a Creative Commons license, even with a restricted/closed access. •Because anyone who has access to the dataset can distribute it freely afterwards! LICENSES AND DATA PROTECTION 16 •Creative Commons licenses are not suitable for code! •The recommandation is to choose an open-source license •Useful ressources: •Software Licenses in Plain English: https://www.tldrlegal.com/ •Choose a license : https://choosealicense.com/ •Popular open-source licenses: •MIT, Apache, GPL, LGPL, AGPL (see next slide) SOFTWARE/COMPUTER CODE LICENSING 17 MIT ▪ Very simple and short ▪ Permissive ▪ Copyright and license notices must be preserved ▪ Does not explicitly mention patents Apache 2.0 ▪ Permissive ▪ Copyright and license notices must be preserved ▪ Significant changes made to software must be indicated ▪ Must include a NOTICE file with attribution notes ▪ Patents rights explicitly addressed GNU GPLv3 ▪ Copyleft license: any derivative work, or software including GPL-licensed code, must be distributed under the same license ▪ Copyright and license notices must be preserved ▪ Significant changes made to software must be indicated ▪ Original software must be distributed ▪ Source code must be disclosed ▪ Build & install instructions must be included ▪ Patents rights explicitly addressed GNU LGPLv3 ▪ For software libraries ▪ Copyleft license: derivative works must be distributed under the same license, but applications that use the library don't have to be ▪ Other terms: same as GNU GPLv3 GNU AGPLv3 ▪ For network software (eg: software-as-a-service - SaaS) ▪ Copyleft license: network use is distribution (users who interact with the software over a network have the right to receive a copy of the source code) ▪ Other terms: same as GNU GPLv3 Sources: https://www.tldrlegal.com https://choosealicense.com 18 •Are the data protected by copyright? •If yes/it’s a software/it’s a photo: the data are eligible for licensing. •If no: the data are into the public domain by default. •Data are protected. Who owns the copyright? •You: you can choose a license. •Your institution: check if your institution authorize you to choose a license, or recommands one. •A third party: check if there is a license or an agreement and respect its terms, or ask for the author’s permission. •Are you sure about the license choice? •Licenses are irrevocable. TO CLARIFY BEFORE APPLYING A LICENSE 19 •Attribution is important and a norm of the scientific community, as well as a demonstration of academic integrity. •But CC licenses, which are based on copyright, are not the best way to guarantee attribution and to counter academic fraud. •Particularly in the context of research data, which are often in the public domain and not subject to copyright… •Recognition of one's work and citation by peers is more a matter of ethics than law. •Compliance with a certain scientific ethic is required by institutional guidelines and regulations. •See for example the Code of conduct for research integrity of the Swiss Academies of Arts and Sciences. COPYRIGHT: NOT THE BEST WAY TO ENFORCE SCIENTIFIC INTEGRITY! 20 •Ball, A. (2014). How to License Research Data. Digital Curation Centre. http://www.dcc.ac.uk/resources/howguides/license-research-data •CCdigitallaw. (2020, April 1). 2.1 Protected work [CCdigitallaw.ch]. https://www.ccdigitallaw.ch/21-urheberrechtlichgeschuetztes-werk-d63/ •CCdigitallaw. (2021, March 30). Answers to Questions Asked During the Launch Event of DMLawTool— 30.03.2021. https://web.archive.org/web/20220814033656/https://ccdigitallaw.ch/application/files/9816/1978/7653/QA_LaunchE vent_2021_03_30_V1.pdf •FOSSA. (2024). Tl;drLegal. Tl;drLegal. https://www.tldrlegal.com/ •GitHub Inc. (2024). Choose an open source license. Choose a License. https://choosealicense.com/ •Kreutzer, T. (2014). Open Content: A practical guide to using Creative Commons Licences. German Comm. for UNESCO. https://meta.wikimedia.org/wiki/File:Open_Content__A_Practical_Guide_to_Using_Creative_Commons_Licences.pdf •Labastida, I., & Margoni, T. (2020). Licensing FAIR Data for Reuse. Data Intelligence, 2(1–2), 199–207. https://doi.org/10.1162/dint_a_00042 •Lämmerhirt, D. (2017). Avoiding Data Use Silos. How Governments Can Simplify The Licensing Landscape (SSRN Scholarly Paper 3320472). https://doi.org/10.2139/ssrn.3320472 •Pantaloni, N. (2017, December 12). Copyright and Data Curation. https://blogs.libraries.indiana.edu/scholcomm/2017/12/12/copyright-and-data-curation/ •The Open Science Training Handbook. Bezjak, S., Clyburne-Sherin, A., Conzett, P., Fernandes, P., Görögh, E., Helbig, K., Kramer, B., Labastida, I., Niemeyer, K., Psomopoulos, F., Ross-Hellauer, T., Schneider, R., Tennant, J., Verbakel, E., Brinken, H., & Heller, L. (2018). Open Science Training Handbook (1.0). Zenodo. https://doi.org/10.5281/zenodo.1212496 REFERENCES & SOURCES 21