Legal aspects of research data ****************************************************************************************** * Research data in the legal code ****************************************************************************************** Research data are currently defined by Act no. 130/2002 Coll., on public funding for resea development [ URL "https://vyzkum.gov.cz/FrontClanek.aspx?idsekce=15607&ad=1&attid=831142" “information, with the exception of scientific publications, in electronic form, that has or created in the course of research or development and is used as proof in the process of development, or which is generally accepted by the research community as being essential f of findings and results of research or development”. On the general level [ URL "https://openscience.cuni.cz/OSCIEN-48.html"] research data are broadly – they may exist in both digital and nondigital form (e.g. physical samples). For providing finance under Act no 130/2002 Coll., however, research data are defined solely a form. ****************************************************************************************** * Legal protection of research data ****************************************************************************************** Due to the highly heterogeneous nature of individual data sets, there is no unified system protection for research data. The opposite is true; data protection is fragmented into mul protection regimes, which must be identified for each specific case and the data set handl These are primarily: • Copyright law – if a data set or database meets the definition of a copyrighted work in copyright law • Database law – if a data set is a database into which its creator has placed substantial creator of the database acquires so-called special rights of a database creator under co • Personal data protection – if a data set contains personal data, it is subject to protec General Data Protection Regulation (GDPR) and the Personal Data Protection Act • Other – e.g. the protection of trade secrets under the Civil Code or the protection of c information under the Confidential Information Protection Act These regimes are not mutually exclusive and can co-exist with one another. For example, a containing the fingerprints of respondents is not protected by copyright law (fingerprints a copyrighted work); nonetheless, they can constitute a database protected by the special a database creator while being simultaneously subject to personal data protection under th statutory regulations. It is also possible that data do not fall into any of these categories, and are therefore all. In such a case one talks about “simple data”. An example of this are data measured by instruments that does not constitute a database. ****************************************************************************************** * What about data ownership? ****************************************************************************************** The phrase “data ownership” is one that we all hear relatively often. However, property ri from the list above – and for good reason. Data cannot, in our opinion, be the subject of To put it simply, data cannot be owned (at the same time, it should be said that there is agreement between lawyers on this issue). Instead of “data ownership” it is, in our opinion, more appropriate to talk about effectiv data. For example, if a researcher stores data in a secure repository to which only they h they have effective control over the data. However, they lose all control of these data at its publication. The rights and obligations in relation to the effective control of data ( access to data, data security requirements) can be defined by contract or governed by the internal regulations. ****************************************************************************************** * Databases – what is actually protected? ****************************************************************************************** *========================================================================================= * 1. Protection of a database as a whole *========================================================================================= If research data are organised systematically or according to a methodology and available (by electronic or other means), they constitute a database. The creator of the database ca special rights of a database creator (under § 88 et seq. of the Copyright Act), which cons of the creator to use the contents of the database, and specifically to reproduce the cont them publicly available. This is primarily the protection of the investment – not only fin in staff and materials – made in the database by the creator. In addition to the special rights of a database creator, a database may also be protected (known as a creative database) if the author (natural person) selects or organises the con database in a creative way. In contrast to the special rights of a database creator, this not protection of the investment made by the database creator, but protection of the struc database, as distinguished by the author’s creative contribution. Examples of creative dat research are not that common in practice. The table below explains the basic differences between copyright and the special rights of creator: Copyright law   Special rights of a databas What is protected? Creative structure of the database.Investment in the database. Can it be transferred to anoNo; only licensing (granting of theYes.ht to use person?  a work) is possible. Can it be waived? No. Yes – e.g. CC0 (waiver) lic How long does it last? Personal copyright lasts for the auLasts for 15 years followin lifetime.  database and is renewed wit Asset copyright lasts for the authocontribution to it. and for 70 years thereafter. Who can it belong to? Only a natural person (human). Natural person or legal ent Here, too, special rights of a database creator and copyright are not mutually exclusive – these protection regimes may apply, or both can exist simultaneously, or a database may no all. *========================================================================================= * 2. Protection of individual database elements *========================================================================================= In addition to the database as a whole (which can be protected by special rights of a data and/or copyright), individual database elements may also be protected, irrespective of whe the database itself is protected. Individual database elements can be copyrighted works (e photographs) or personal data, which must be handled in accordance personal data protectio Also, they need not necessarily be protected at all. ****************************************************************************************** * Licensing of research data ****************************************************************************************** Due to the non-uniform legal protections afforded to data, the issue of its licensing is a too. First and foremost, one should be aware that only copyrighted works and databases can (i.e., rights granted for the use of a copyrighted work. It is therefore desirable to lice sets that are copyrighted works or protected by special rights of a database creator. Data by special rights of a database creator can be licensed with a CC0 licence (waiver). With the creator relinquishes their own rights to the database and gives everyone the opportuni licensed database without restriction (“extraction”). If you are sure that copyright law applies, it is important to make sure that you that exe to the work, that is, that you are entitled to receive a licence. Within the environment o University, it is certain that a large part of the data sets created in the course of rese works to which copyright is held by the employer (which is therefore the entity entitled t licensing). The regime for employee works at Charles University is regulated by Rector’s D 17/2018 [ URL "https://cuni.cz/UKEN-796.html"] . In the event that a licensed work has mul all must consent to the attachment of a licence. If you want to make a data set publicly accessible, it requires a public licence so that u conditions clearly defined in advance, what they can and cannot do with the relevant data Commons [ URL "https://creativecommons.org/"] or Open Data Commons [ URL "https://opendata licensing sets, created especially for database licensing, are particularly suitable for t data sets. ****************************************************************************************** * Research data and obligations arising from Act no. 130/2002 Coll. ****************************************************************************************** In addition to the definition of research data above, Act no. 130/2002 Coll. also lays dow obligations in relation to research data created in the course of publicly-funded scientif These are, specifically: • The obligation to describe, in the contract for the provision of funding for the project management plan and information on the availability and means of dissemination of resear results of research. • The obligation to publish information about research data in the R&D Information System. • The obligation to provide applicants with research data, on request and free of charge, at least twelve months has passed since the cessation of funding. ****************************************************************************************** * Useful resources ****************************************************************************************** Ball, Alex (DCC). 2014. How to License Research Data [ URL "http://www.dcc.ac.uk/sites/def documents/publications/reports/guides/How_To_License_Research_Data.pdf"]      OpenAIRE. How do I know if my research data is protected? [ URL "https://www.openaire.eu/h my-research-data-is-protected"] Guides for Researchers.