Frequently Asked Questions (FAQ) ****************************************************************************************** * ****************************************************************************************** In this section you will find answers to frequently asked questions about open science, op scientific publications and research data management and open data. ****************************************************************************************** * Open Science ****************************************************************************************** 1.What is open science? 2.What does open science include? 3.What open science requirements are there in Horizon Europe? *========================================================================================= * What is open science? *========================================================================================= According to FOSTER [ URL "https://www.fosteropenscience.eu/foster-taxonomy/open-science-d Open Science is the practice of science in such a way that others can collaborate and cont research data, lab notes and other research processes are freely available, under terms th redistribution and reproduction of the research and its underlying data and methods.  *========================================================================================= * What does open science include? *========================================================================================= While open access and open research data / research data management might be the most fami open science, they are not the only ones. Open science includes other practices such as ci open educational resources, open peer-review and a lot more. You can explore these branche science on the FOSTER [ URL "https://www.fosteropenscience.eu/"] website which provides th taxonomy of open science [ URL "https://www.fosteropenscience.eu/themes/fosterstrap/images os_taxonomy.png"] .  *========================================================================================= * What open science requirements are there in Horizon Europe? *========================================================================================= Horizon Europe includes an obligation to ensure open access to scientific information – pe publications, as well as research data and other research outputs. Beneficiaries are also prepare a data management plan [ URL "OSCIEN-49.html "] . In Horizon Europe, open science included in the evaluation of proposals.   You can find more information on the Centre’s website [ URL "OSCIEN-90.html "] . ****************************************************************************************** * Open Access ****************************************************************************************** 1.What does open access mean? 2.What is the difference between green and gold open access? 3.Does Charles University have an open access policy? 4.What are the funding options for publication fees (APC) at Charles University? 5.I have already published an article in a journal and now I would like to make it availab repository. What should I do? 6.Is there a list of untrustworthy journals and publishers (so-called predators)? 7.Which finance providers require open access to published results? 8.What is the difference between open repositories and scientific social networks such as Academia.edu? 9.I find the idea of open access interesting, but I need advice on how to proceed. Who can Charles University? *========================================================================================= * 1. What does open access mean? *========================================================================================= Open access (OA) is a publication model that seeks to achieve immediate, free, permanent a independent online access to the results of publicly funded science and research.  For more information, visit Open Access section [ URL "OSCIEN-10.html "] . *========================================================================================= * 2. What is the difference between green and gold open access? *========================================================================================= The green route to open access is a combination of publishing an article in a journal (ope with content available for a fee / subscription) and storing the full-text of the article repository by the author (so-called self-archiving).  The gold route to open access means publishing in an open (open access) journal, so that o provided by the author, but by the publisher.  Both routes to open access are fully complementary (they are not excluded) and from the po increasing the visibility of your work it is appropriate to combine them.  For more information, visit Open Access section [ URL "OSCIEN-10.html "] . *========================================================================================= * 3. Does Charles University have an open access policy? *========================================================================================= Charles University does not have a mandatory open access policy. However, at its meeting o 2017, the Academic Senate of Charles University approved a draft of the Declaration of Cha Academic Senate and university management on open access policy at CU [ URL "https://www.c UK-8777.html"] (only in Czech), the aim of which is to set sufficient conditions for the s determinat *========================================================================================= * 4. What are the funding options for publication fees (APC) at Charles University? *========================================================================================= Charles University currently does not have a central fund to cover the cost of open access are generally eligible costs in project budgets (it is therefore necessary to keep these c designing a budget for new projects).  Corresponding authors from Charles University can also take advantage of discounts and vou access publication fees at selected publishers [ URL "OSCIEN-39.html#4"] .  *========================================================================================= * 5. I have already published an article in a journal and now I would like to make it avai repository. What should I do? *========================================================================================= An already published article can be make accessible through the green route to open access uploading the article to an open repository (self-archiving). A useful tool for finding a repository is e.g. OpenDOAR [ URL "http://opendoar.org/"]  or OpenAIRE [ URL "https://expl participate/deposit-publications"]  database.  However, it is always necessary to check in advance whether the publisher with whom you pu the article allows self-archiving. The terms of self-archiving are usually stated in the l agreement, which the publisher negotiates with the author's team before publishing. If nei the corresponding author has a license agreement, we suggest to use the SHERPA / RoMEO [ U www.sherpa.ac.uk/romeo/"]  service, which is only of a reference nature. If the publishing not allow for self-archiving, request an exception through the addendum to the license agr signing.  For more information on self-archiving options, see the section How to publish OA [ URL "O "] . *========================================================================================= * 6. Is there a list of untrustworthy journals and publishers (so-called predators)? *========================================================================================= The most well-known list of untrustworthy publishers and journals was the so-called Beall’ operation of which was terminated in 2017 due to its controversy. The reasons for listing not always clear and may provoke a legal response from the accused publisher. For this rea always necessary to assess the credibility of the journal or publisher with whom you want On the website of the Open Science Support Centre you will find characteristics of predato publishers [ URL "OSCIEN-36.html#2"]  and tips on how to avoid them. At the same time, the a clear factsheet for authors from CU [ URL "https://zenodo.org/record/3738003#.XtpEP_kzaU basic information about predatory journals.  *========================================================================================= * 7. Which finance providers require open access to published results? *========================================================================================= In the lead of finance providers that require open access is the European Commission, but  them is expected to increase in the future. The Plan S initiative [ URL "https://www.coali  will be particularly involved.  You can find more information about specific providers on the website of the Open Science a separate section [ URL "OSCIEN-30.html "] . *========================================================================================= * 8. What is the difference between open repositories and scientific social networks such and Academia.edu? *========================================================================================= Academia and ResearchGate are commercial academic social networks whose main purpose is to researchers. They often try to collect personal information and you often need to log in t Thus, they do not meet the definition of open access, which should be immediate, free, per independent.  Open repositories are non-commercial platforms that usually have wider options for storing (filling in metadata, etc.), at the same time they are interoperable with other tools and by common search engines and aggregators of scientific content. Some repositories provide archiving.   *========================================================================================= * 9. I find the idea of open access interesting, but I need advice on how to proceed. Who Charles University? *========================================================================================= Open Science Support Centre was established for this purpose at Charles University. More i the field of open access can be found on the website in the section How to publish OA [ UR "] , or you can contact us [ URL "OSCIEN-14.html "] .  ****************************************************************************************** * Research Data ****************************************************************************************** 1.What are research data? 2.What are metadata? 3.What is a Data Management Plan (DMP)? 4.What DMP template should I use? 5.Are example DMPs available? 6.How can I create a DMP? 7.Who can I turn to if I need help completing a DMP? 8.Where can I find existing data on my subject? 9.I have found data related to my subject. How can I tell that the data are useful and I c 10How can I cite the data I used? 11How can I assign a persistent identifier (e.g., DOI) to my dataset? 12Where should I store my data during my research? 13I am at the beginning of my research project and I know I would like to share my data wh ends. What do I need to do? 14I would like to share my data, but they contain personal data. What can I do about that? 15I would like to share my research data. Where can I store them so that other scientists 16Does Charles University have an institutional repository for storing data? 17What does it mean that data are FAIR? 18Which funders have any requirements regarding research data? 19I am an academic publisher / a journal editor and I would like the authors to share unde published research articles. What should I do? *========================================================================================= * 1. What are research data? *========================================================================================= Research data can take various forms and may be digital as well as non-digital. Apart from such as spreadsheets, these can be, for example, photographs, audio and video recordings, test responses, interview transcripts, laboratory notebooks, field notes, codebooks, softw samples and specimens. *========================================================================================= * 2. What are metadata? *========================================================================================= Metadata are a description of data. They include information about who the author is or ho data were collected. The Digital Curation Centre provides a list of examples of disciplina standards [ URL "http://www.dcc.ac.uk/resources/metadata-standards"] .  *========================================================================================= * 3. What is a Data Management Plan (DMP)? *========================================================================================= Data Management Plan (DMP) is a document that specifies what data will be created and how, plans for sharing and preservation of the data, both during and after the research project (e.g., H2020: ORD Pilot [ URL "https://ec.europa.eu/research/participants/docs/h2020-fundi cutting-issues/open-access-data-management/data-management_en.htm"] ) require that a DMP i and submitted as part of the grant agreement. More information about DMPs can be found at website [ URL "OSCIEN-49.html "] .  *========================================================================================= * 4. What DMP template should I use? *========================================================================================= Different institutions or funders may have different requirements regarding a DMP template case you should use the template provided by the institution or the funder. If there are n requirements, we recommend using one of the existing templates, such as the Digital Curati template [ URL "https://www.dcc.ac.uk/DMPs/checklist"] or the ERC data management plan tem "https://erc.europa.eu/content/erc-data-management-plan-template"] . Charles University do specific requirement for a DMP template.  *========================================================================================= * 5. Are example DMPs available? *========================================================================================= You can find a list of completed DMPs on the Digital Curation Centre’s website [ URL "http resources/data-management-plans/guidance-examples"]  or at the DMPonline website in the Pu "https://dmponline.dcc.ac.uk/public_plans"]  section.  *========================================================================================= * 6. How can I create a DMP? *========================================================================================= Data management plans can be created as a simple document in a text editor. However, there web-based tools that can help you prepare a data management plan by providing you with a t you specific questions about data management or providing you with further guidance on how questions. Two such tools are DMPonline [ URL "https://dmponline.dcc.ac.uk/"] and Data Ste [ URL "https://ds-wizard.org/"] .  *========================================================================================= * 7. Who can I turn to if I need help completing a DMP? *========================================================================================= If you need help creating a DMP, you can contact the Open Science Support Centre at resear [ URL "mailto:researchdata@cuni.cz"]    *========================================================================================= * 8. Where can I find existing data on my subject? *========================================================================================= As an increasing number of academic journals require that underlying data are shared, you to relevant datasets as part of published articles. You can also find existing datasets in repositories. These can be either general (such as Zenodo [ URL "https://zenodo.org/"] , F "https://figshare.com/"] , Dryad [ URL "https://datadryad.org/stash"] , OSF [ URL "https:/ subject specific (you can use the Registry of Research Data Repositories [ URL "https://ww to find subject specific repositories). A reliable source of existing datasets are data jo publish peer-reviewed papers that describe published datasets and so ensure that the datas described and of high quality. In addition to these sources, you may also use dataset sear such as Mendeley Data [ URL "https://data.mendeley.com/"] or Google Dataset Search [ URL " datasetsearch.research.google.com/"] . In your research, you can also use public administr published as open data which you can find in the National Open Data Catalogue [ URL "https datasets"] (NKOD). *========================================================================================= * 9. I have found data related to my subject. How can I tell that the data are useful and *========================================================================================= Make sure that the data come from a trusted source, e.g., a certified repository, a well-k peer-reviewed data journal. Make sure that the data are sufficiently described and indicate the context in which they e.g., who were the research participants, in what conditions were the data collected. Make sure you are allowed to reuse the data and under what conditions, e.g., does the lice reuse conditions? Do you have the author’s permission?  How long will the data be retained? Is there a risk that the data could be lost or deleted are published on the author’s personal website)?  If you use someone else’s data in your research, don’t forget to cite them properly :)  *========================================================================================= * 10. How can I cite the data I used? *========================================================================================= As with citing publications, it is important to include enough information so that the dat easily found and identified. Some repositories provide a recommended citation format for t which you can use. If such recommendation is not provided, you should include at least the name, publication year, dataset title, publisher/repository, persistent identifier (if it the data).  *========================================================================================= * 11. How can I assign a persistent identifier (e.g., DOI) to my dataset? *========================================================================================= Assigning a persistent identifier requires a service which is authorised to assign them – it is typically the publisher, for research data, some repositories may provide this servi an appropriate data repository, make sure that it assigns a persistent identifier to your *========================================================================================= * 12. Where should I store my data during my research? *========================================================================================= To store your data during your research, we recommend that you use data storage operated o University infrastructure, or data storage provided by CESNET [ URL "https://du.cesnet.cz/ may also use cloud storage provided as a part of the Microsoft Office 365 [ URL "https://u IPSCEN-72.html"] service for Charles University. In particular, this relates to the person OneDrive and the document library service SharePoint and O365 Groups. The management of da this cloud service is secured through an agreement concluded between CU and Microsoft. To data security and data storage, check the guide [ URL "https://openscience.cuni.cz/OSCIEN- by the Computer Science Centre and the Data Protection Officer.  *========================================================================================= * 13. I am at the beginning of my research project and I know I would like to share my dat project ends. What do I need to do? *========================================================================================= If you are using someone else’s data, make sure that their author allows data sharing (e.g license).  If you work in a team, make sure your collaborators agree to share the data. If you work with human subjects during your research, you need their informed consent with their data. To ensure you can share your participants’ data, you can have them sign an inf or anonymise the data before sharing. You can find an example of an informed consent form GDPR Sharepoint [ URL "https://cunicz.sharepoint.com/:f:/r/sites/gdpr/Sdilene%20dokumenty/ %C3%A9%20dokumenty?csf=1&web=1&e=qGQ6BW"] . *========================================================================================= * 14. I would like to share my data, but they contain personal data. What can I do about t *========================================================================================= If it is possible, remove any personal information from your data.  Anonymise your data before sharing. For example, use numbers instead of names to identify use age range instead of a specific age or date of birth, etc. To anonymise your data, you anonymisation tools such as Amnesia [ URL "https://amnesia.openaire.eu/index.html"] .  If personal data cannot be removed or anonymised, you need an informed consent from the pa share such data.  For more information regarding personal data protection, please contact the University Dat Officer at gdpr@cuni.cz [ URL "mailto:gdpr@cuni.cz"] *========================================================================================= * 15. I would like to share my research data. Where can I store them so that other scienti them? *========================================================================================= The best way to store and share your research data is to deposit them in a subject specifi Subject specific repositories are usually better equipped to meet the needs of a community ensure that your data reaches the scientists in your field. You can find a suitable reposi at re3data.org [ URL "https://www.re3data.org/"] . If you cannot find a suitable subject s repository, you can deposit your data in a general-purpose repository, such as Zenodo [ UR zenodo.org/"] , Figshare [ URL "https://figshare.com/"] , or Dryad [ URL "https://datadrya More information regarding data sharing can be found at the OS Centre website [ URL "OSCIE *========================================================================================= * 16. Does Charles University have an institutional repository for storing data? *========================================================================================= Charles University does not have its own data repository yet. For sharing data, we recomme specific repositories, which you can find, e.g., at re3data.org [ URL "https://www.re3data or a general-purpose repository such as Zenodo [ URL "https://zenodo.org/"] , Figshare [ U figshare.com/"] , Dryad [ URL "https://datadryad.org/stash"] or OSF [ URL "https://osf.io/ *========================================================================================= * 17. What does it mean that data are FAIR? *========================================================================================= FAIR data are such data that are easily Findable, Accessible, Interoperable, and Reusable. more about FAIR principles at the GO FAIR [ URL "https://www.go-fair.org/fair-principles/" website and you can use this checklist [ URL "http://doi.org/10.5281/zenodo.3405141"]  to data are.  *========================================================================================= * 18. Which funders have any requirements regarding research data? *========================================================================================= The European Commission is taking the initiative in including open science requirements in programmes (e.g., Horizon 2020 [ URL "https://ec.europa.eu/research/participants/docs/h202 guide/cross-cutting-issues/open-access-data-management/data-management_en.htm"] and Horizo "https://ec.europa.eu/info/research-and-innovation/funding/funding-opportunities/funding-p open-calls/horizon-europe_en"] ), however, other research funders are joining the effort, the KAPPA Programme [ URL "https://www.tacr.cz/en/information-for-beneficiaries/"] of the institutional funding programme Primus [ URL "https://cuni.cz/UKEN-558.html"] .   You can find more information about individual funder’s policies in a separate section on policies [ URL "OSCIEN-30.html "] on the Centre’s website. *========================================================================================= * 19. I am an academic publisher / a journal editor and I would like the authors to share for published research articles. What should I do? *========================================================================================= It is becoming increasingly common that academic publishers or journals have open data pol which specify the authors’ responsibilities when it comes to underlying data, for example [ URL "https://www.nature.com/nature-research/editorial-policies/reporting-standards"] . T Sturges et al. [ URL "https://nottingham-repository.worktribe.com/output/996176"]  shares on what should a journal data policy include and presents a model policy. For further ques to the issue of journal data policies, do not hesitate to contact the Open Science Support "OSCIEN-14.html#3"] .  ****************************************************************************************** * Copyright and licences ****************************************************************************************** 1.How do I recognize a copyright? [ URL "OSCIEN-151.html#38"] 2.What is the difference between moral rights and economic rights? [ URL "OSCIEN-151.html# 3.What is public domain? [ URL "OSCIEN-151.html#40"] 4.How is a copyright created? Do I need to register the copyright? [ URL "OSCIEN-151.html# 5.When does co-authorship occur? [ URL "OSCIEN-151.html#42"] 6.What does the symbol © mean? [ URL "OSCIEN-151.html#43"] 7.What is an employee work and what rights arise in relation to it? [ URL "OSCIEN-151.html 8.What is a school work and what rights arise in relation to it? [ URL "OSCIEN-151.html#45 9.Can CU publish my thesis? [ URL "OSCIEN-151.html#46"] 10When can I use someone else’s copyrighted work without the author's consent? [ URL "OSCI 11What should I do if someone uses my copyrighted work in an unauthorized manner? [ URL "OSCIEN-151.html#48"] 12Who owns research data created or generated as a part of a project? [ URL "OSCIEN-151.ht 13What is a database and how is it protected? [ URL "OSCIEN-151.html#50"] 14Do I need to publish data that is created as a apart of a project? [ URL "OSCIEN-151.htm 15When do I need to conclude a Data Transfer Agreement? [ URL "OSCIEN-151.html#52"] 16What is a licence? [ URL "OSCIEN-151.html#53"] 17What is the difference between a licensing agreement and consent of the author to use a "OSCIEN-151.html#54"] 18What is an exclusive or non-exclusive licensing agreement? [ URL "OSCIEN-151.html#55"] 19What is a statutory licence? [ URL "OSCIEN-151.html#56"] 20What falls under the term "personal use"? [ URL "OSCIEN-151.html#57"] 21What is the difference between citation in the meaning of the Copyright Act and bibliogr citation? [ URL "OSCIEN-151.html#58"] 22What are Creative Commons licences and how do they work? [ URL "OSCIEN-151.html#59"] 23Can I license a work that contains downloaded content under a Creative Commons licence? "OSCIEN-151.html#60"] 24My work licensed under a Creative Commons licence was used in an unauthorized manner. Wh [ URL "OSCIEN-151.html#61"] 25Can I provided more than one licence for my work? [ URL "OSCIEN-151.html#62"] 26Can I change the Creative Commons licence I attached to my work? [ URL "OSCIEN-151.html# *========================================================================================= * 1. How do I recognize a copyright? *========================================================================================= In order to be protected as a copyrighted work in accordance with the Copyright Act, a wor following conditions: • It must be a literary work or another work of an artistic or scientific nature. • It must be a unique (in the statistically meaning of the word) result of the creative ac natural person (i.e. a person, not a legal entity, animal, or artificial intelligence). • It must be expressed in an objectively perceptible form (i.e. in such a way that it can the senses – for example, a melody becomes a copyrighted work the moment the author whis Photographs, computer program, and databases are also protected as copyrighted works. For condition of uniqueness does not need to be met, but originality is sufficient, which mean the author’s own intellectual creation. The Copyright Act also contains a non-exhaustive list of what is not a copyrighted work: t of the work itself, a daily report or other independent data, an idea, a procedure, a prin a discovery, a scientific theory, a mathematical or similar formula, a statistical chart, independent subject matter. The Copyright Act also defines a group of works that are excluded from protection under th (meaning no licence/consent is required for their use). These include: • official works (e.g. legal regulations, decisions, measures of a general nature, public publicly accessible registers, official preparatory documentation, parliamentary and sen publications, municipal chronicles, state symbols) • works of traditional folk culture, provided the real name of the author is not generally does not involve an anonymous or pseudonymous work *========================================================================================= * 2. What is the difference between moral rights and economic rights? *========================================================================================= Copyright law consists of many “sub-rights”, which can be divided into moral rights and ec Moral rights are inextricably linked to the author and thus cease to exist upon death of t rights cannot be waived, transferred, or even licensed by the author. Section 11 of the Co the following moral rights: • The right to decide on publishing their work • The right to claim authorship • The right to the inviolability of their work (the right to intervene in and modify their • The right of author’s supervision (to ensure that a work is not used in a manner that re Economic rights are, on the contrary, for the economic valuation of a work. The author can transfer economic rights either. However, they can license them (grant permission to exerc to other persons. These rights last for the lifetime of the author and for 70 years after the copyright on the work enters the public domain). Section 12 et seq. of the Copyright A following proprietary copyrights: • The right to use a work (e.g. to reproduce, distribute, rent, lend, exhibit, or communic the public) • The right to license a work *========================================================================================= * 3. What is public domain? *========================================================================================= A work that enters the public domain is a work for which the period of the economic rights years after the death of the author, or in the case of co-authorship, 70 years after the d surviving co-author. Such a work may be used by anyone without restriction. However, the a in the public domain must also be acknowledged, unless it involves an anonymous work. *========================================================================================= * 4. How is a copyright created? Do I need to register the copyright? *========================================================================================= A copyright arises at the moment a work is expressed in any objectively perceptible form, perceptible visibly or audibly. Hence, it arises informally and does not need to be writte registered anywhere. This is an important difference from industrial property rights (e.g. trademarks), which are based on the principle of registration. *========================================================================================= * 5. When does co-authorship occur? *========================================================================================= A co-authored work is the result of the joint creative activity of two or more authors. It that the individual contributions of the co-authors cannot be used separately. For example whose individual contributions could be published independently of each other (i.e. withou informative value of the work) is not a co-authored work. A co-author is not a person who contributes to the creation of the work only by providing advice of a technical, administrative, or professional nature or by providing documentary material or another person who only provides some initiative for creating the work. *========================================================================================= * 6. What does the symbol © mean? *========================================================================================= The copyright symbol (the letter c in a circle, the name of the copyright holder, and the first publication of the work, e.g. © Charles University 2021) indicates a copyrighted wor standpoint, this symbol has no relevance, no rights or obligations are attached to it, and trigger any legal protection. It is purely informative in nature – it provides the user of information about the person or entity authorized to grant a licence. This may be, for exa the employer (in the case of an employee work), or the publisher. *========================================================================================= * 7. What is an employee work and what rights arise in relation to it? *========================================================================================= In accordance withSection 58 of the Copyright Act [ URL "https://wipolex-res.wipo.int/edoc en/cz/cz043en.pdf"] , an employee work is a work that an employee creates while fulfilling arising from an employee relationship (an employment contract, as well asagreements on wor outside an employment relationship: an agreement to complete a job or an agreement to perf put, it is an employee work if the employee has the duty to create this work“in their job The essence of employee works is that all of the economic rightsare exercised by the emplo behalf and at its own expense, even after the employment relationship has ended.  Thus, Ch is entitled to use employee works even without the author’s consent (e.g. to self-archive repository, to reproduce them, and to license the works to another person). The author ret authorship” (the right to be identified as the author). However, it is possible to contrac from the employee workscheme, e.g. to limit or precludesuch works in the employment contra advisable to assess each case of an employee work on an individual basis.   The scheme relating to employee works is regulated by Rector’s Directive no. 17/2018 [ URL cuni.cz/UKEN-796.html"] .  *========================================================================================= * 8. What is a school work and what rights arise in relation to it? *========================================================================================= In accordance withSection 35(3)of the Copyright Act [ URL "https://wipolex-res.wipo.int/ed en/cz/cz043en.pdf"] , a school work is a work that is created by a student of a bachelor’s PhD study programme and that is created as a result of fulfilling the obligations of a stu their legal relationship to Charles University. Typically, these are seminar works, bachel theses, or PhD dissertations (though not associate professorship theses or rigorosum these A student (the author of the school work) exercises the copyright to the school work in fu may use their work themselves orgrant a licence to use the work to other persons. However, a specific feature of a school work is that the copyright in certain cases is lim the school ( Section 60 of the Copyright Act [ URL "https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/ cz043en.pdf"] ):  • The author may not grant a licence to the school work to another person if it is in conf legitimate interests of Charles University. • Charles University may use the school work without the author’s consent for teaching pur own internal needs provided that such use does not result in direct or indirect financia gain. • Charles University is entitled to conclude a licensing agreement on the use of the schoo the author may not refuse to grant the licence without a valid reason). • Charles University is entitled to request from the author of the school work reasonable the costs incurred for creation of the school work if the author has earned income in co the school work. *========================================================================================= * 9. Can CU publish my thesis? *========================================================================================= Yes. In fact, the university must publish it due to its public-service obligation required (specificallySection 47b andSection 75(4)of the Higher Education Act). Under this act, the obliged to publish bachelor’s, master’s and rigorosum theses on a non-profit basis. PhD di associate professorship theses are published only if they have not been published in anoth by a commercial publisher. Theses that have been defended are published, including the opi opponents and the record of the defence and its outcome. The outcome of a defence is not r the Higher Education Act, undefended theses are also published.Theses at Charles Universit in the CU digital repository [ URL "https://dspace.cuni.cz/?locale-attribute=en"] . More s publication are set out in Rector’s Directive no. 72/2017 [ URL "https://cuni.cz/UKEN-945. Permanent exclusion from publication is not permitted under law. However, publication can the duration of the impediment relating to publication (e.g. protection of intellectual pr security reasons), but for a maximum of three years. *========================================================================================= * 10. When can I use someone else’s copyrighted work without the author's consent? *========================================================================================= Practically speaking, there could be a situation where you might be able to use the work i without the consent of the author or you could conclude a licensing agreement with them on These situations are as follows: • The work was published in open access (under a public licence). • You take advantage of any of the legal licences or free uses (e.g. a statutory licence f reporting licence, a library licence, or free personal use of a natural person). • The work has entered into the public domain (an author’s work with an expired economic r years after the death of the author). • It is an author’s work excluded from protection under the Copyright Act (official works traditional folk culture, if the authors are not known). *========================================================================================= * 11. What should I do if someone uses my copyrighted work in an unauthorized manner? *========================================================================================= In all cases, communication with the other party in order toreach an out-of-courtresolutio undesirable situation is recommended as the most appropriate solution. If an agreement is thenturning to the court would be appropriate. In Section 40et seq. [ URL "https://wipolex edocs/lexdocs/laws/en/cz/cz043en.pdf"] , the Copyright Act sets out specific claims that a person exercising a copyright can lodge in the event of the unauthorized use of an author’ the authorship was not stated, the author can lodge a claim to determine the authorship or was sold or circulated illegally, the author can request the withdrawal of the work from c adequate compensation, etc.  *========================================================================================= * 12. Who owns research data created or generated as a part of a project? *========================================================================================= In our opinion, data cannot be owned (data does not qualify as a subject matter of ownersh However, “ownership” of data is sometimes referred to in the context of de facto control o the possibility of applying various tools to ensure data protection (e.g. securing access or a regime for handling data established by contract or an internal regulation). However, leaked and subsequently used by another person, that person cannot be sued with respect to data. Nevertheless, the use of data may be restricted in certain circumstances even without the an ownership right to the data. An example of this would be data protected by a copyright right of the database creator, provided it constitutes a database. You can read more about protection here [ URL "OSCIEN-136.html#2"] . *========================================================================================= * 13. What is a database and how is it protected? *========================================================================================= The term database is relatively broad. It is a collection of (mutually independent) copyri data, or other elements that are systematically or methodically arranged and individually manner (most often electronically). Thus, a database under this definition is, for example of patients, the ASPI legal information system, or a telephone directory. Importantly, not is automatically protected by law. You can read more about possible database protection re "OSCIEN-136.html#4"] . *========================================================================================= * 14. Do I need to publish data that is created as a apart of a project? *========================================================================================= In accordance with Section 12a of the Act no. 130/2002 Coll., on the Support of Research a from Public Funds, you are required to provide the research data free of charge to the app request if your research was publicly funded and at least 12 months have elapsed since the support. However, it is also important to pay attention to the terms and conditions of the funding may impose an obligation to make research data available in accordance with the principle possible, as closed as necessary”. *========================================================================================= * 15. When do I need to conclude a Data Transfer Agreement? *========================================================================================= Generally speaking, there is no obligation to conclude a Data Transfer Agreement for resea activity.However, under article 5.1 of the CU Research Data Management Policy [ URL "https UKEN-1958.html"] sets out an exception for such an obligation, namely when CU provides per third party: “If there is an exchange of personal data with a third party where the Univer exporter, an agreement must be drawn up to ensure the data are protected.”   *========================================================================================= * 16. What is a licence? *========================================================================================= In short, a licence is authorization to use “someone else’s” copyright. This authorization • Under a contract (a contractual licence, a licensing agreement) concluded with the autho • Under law (a statutory licence), which arises directly from the law; for more informatio 19. *========================================================================================= * 17. What is the difference between a licensing agreement and consent of the author to us *========================================================================================= Consent of the author (or another person who exercises the proprietary rights, e.g. an emp use of a work is a unilateral legal act, which can be revoked by the person granting the c time. In contrast, a licence (licensing agreement) is a bilateral or multilateral legal ac licensing agreement is concluded with the rights and obligations of the parties clearly de A licensing agreement can only be terminated for the reasons set out in the agreement or u *========================================================================================= * 18. What is an exclusive or non-exclusive licensing agreement? *========================================================================================= An exclusive licence denotes the exclusivity of the licensee: if an exclusive licence is a author (licensor) cannot grant the same licence to a third party for the duration of the e The licensed rights in the work may not even be exercised by the author itself, unless oth agreed. In such a case, it is referred to as a solo licence. The exclusivity must be expre writing (if not, it is always a non-exclusive licence). If a non-exclusive licence is arranged, the author (licensor) may license the same rights and may exercise the rights itself. *========================================================================================= * 19. What is a statutory licence? *========================================================================================= A statutory licence is an exception where the law directly states that authorization from needed to use someone else’s work in a particular situation – because the law directly aut copyright law.We find in Sections 30 to 39d [ URL "https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/cz/cz043en.pd Copyright Act a wide catalogue of statutory licences and free usage, for example:    • For personal use • Reproduction on paper for the internal use of a legal entity • Reproduction on paper upon request (provision of copying services – fees are paid for th • Citations • A licence for digital instruction • Use of a work located in a public space • Official and media licences • Use of a school work for instruction or for the school’s internal use • A library licence • Non-essential incidental use of a work • A licence for caricatures, parody, or pastiche • A licence for persons with disabilities • A licence for certain uses of a work for persons with visual impairments or other readin • A licence to reproduce a work for automated text or data analysis (“text and data mining For each statutory licence, the law contains conditions that must be met in order to use i example, the conditions for a citation licence).In addition, a three-step test must always accordance ith Section 29(1)of the Copyright Act [ URL "https://wipolex-res.wipo.int/edocs cz/cz043en.pdf"] , which is valid for all statutory licences without exception: “Copyright limitations shall only be applied in certain special cases provided for by law and only if work is not contrary to the normal use of the work and does not disproportionately affect interests of the author.”    The applicabilityof statutory exceptions to individual cases must be assessed on a case-by there are no fixed rules or methodologies that would suggest how to assess a particular ca recommend that you use open educational resources (OER), which are easy to use thanks to p *========================================================================================= * 20. What falls under the term “personal use”? *========================================================================================= Every private individual is legally entitled to “free use”, i.e. to use another person’s c work for personal use. Personal use means the use of a work in the user’s private premises household and a group of close persons. The condition for such use is that the work is not or indirect economic or commercial gain. This statutory licence does not apply to computer electronic databases. However, personal use does not include the use of works that have been published illegally downloading a copy of a book placed illegally on a filesharing server). Personal use must also be differentiated from the use of works in the public domain (see F can be used above and beyond personal use (in particular, they can be shared), provided th credited. *========================================================================================= * 21. What is the difference between citation in the meaning of the Copyright Act and bibl citation? *========================================================================================= Citation in the meaning of Section 31 of the Copyright Act [ URL "https://wipolex-res.wipo lexdocs/laws/en/cz/cz043en.pdf"] is a statutory licence that allows the incorporation of s content into your own work, or even the use of the entire work for a specific purpose spec There are three types of citation licences:   a.Small citation – anyone may use an excerpt from another author’s published work in their only to the extent justified b.Large citation – anyone may use an excerpt or a small entire work for the purposes of cr review or scholarly/professional work, but only to the extent required by the specific p accordance with fair practices c.Instructional citation – a work (even in its entirety) may be used in teaching for illus or in scientific research, but only to the extent appropriate to the purpose pursued and is not to achieve economic or commercial gain When using any work under a citation licence, the Copyright Act requires that the name of (unless the work is anonymous), the title of the work, and the source be stated when possi the Copyright Act does not state the specific form in which this information is to be prov copyright perspective, it is essential that the information be provided, and it is irrelev provided. By bibliographic citation, we mean the inclusion of information about the cited works for identification, including the form of the citation according to citation standards. Failur citation in the required form does not constitute a violation of copyright law, but could academic ethics. *========================================================================================= * 22. What are Creative Commons licences and how do they work? *========================================================================================= Creative Commons licences are standardized licensing agreements that originated with the U organization Creative Commons. Six types of standardized licences [ URL "https://creativec your-work/cclicenses/"] are offered for opening copyrighted content. Each of these licence free of charge for anyone who chooses to use it. All the author needs to do is to attach a terms of the selected licence to the copyrighted work; by doing so, they are making a prop unspecified number of persons to enter into a contract. The contract is then concluded whe to use the licensed copyrighted work in accordance with the licensing terms. In this way, concluded with an unlimited number of persons.   All CC licences are effectively irrevocable, i.e. once an author decides to publish a work Creative Commons licence, this decision cannot be reversed.  *========================================================================================= * 23. Can I license a work that contains downloaded content under a Creative Commons licen *========================================================================================= The licence you apply to a work relates only to “your” content, i.e. the content for which a copyright and have the right to license. If you have permission to use someone else’s co work, you can, of course, use that content, but you must make it clear in your work and in not covered by the licence in the work’s licensing notice – for example: “This work is reg Creative Commons BY-NC 4.0 International [ URL "https://creativecommons.org/licenses/by-nc licence with the exception of the photographic works on pages XY. The copyright informatio instances is indicated directly on the works.” These photographic works should then includ who exercises the copyright.  If you use third-party content that has been made available under one of the Creative Comm must also indicate this and comply with the terms of the licence (in each case, complying of the BY element and providing attribution, i.e. the name of the work, the author, the so licence). For a guide with examples of good practice relating to the authorship of materia [ URL "https://wiki.creativecommons.org/wiki/Recommended_practices_for_attribution"] .  *========================================================================================= * 24. My work licensed under a Creative Commons licence was used in an unauthorized manner *========================================================================================= Unauthorized use of copyrighted works is an unfortunate drawback to publishing any copyrig the Internet. Creative Commons licences are effectively irrevocable by the licensor (the a the user fails to comply with the terms of the licence, the licensing rights are automatic The latest version 4.0 adds a new option for dealing with the termination of licensing rig author determines that a work is being used in violation of the attached licence, it is ad contact the user and to warn them of the licensing violation. The user then has 30 days to violation (e.g. in the case of a CC BY 4.0 licence, to comply with the attribution require this, the licence will automatically be reinstated. *========================================================================================= * 25. Can I provided more than one licence for my work? *========================================================================================= Yes. It is generally permissible for one work to be provided simultaneously under two (or In such a case, this involves dual licensing. A typical example is when the author of a wo available under a CC BY-NC public licence, which prohibits commercial use, enters into an licensing agreement with someone who is interested in using the work commercially, e.g. fo purposes. However, an exception to this is where the author grants a licence to a third party during an exclusive licence (see FAQ no. 18) without the written consent of the exclusive license case, the licence will not be valid at all. If, however, a non-exclusive licence was grant exclusive licence, the non-exclusive licence remains intact. *========================================================================================= * 26. Can I change the Creative Commons licence I attached to my work? *========================================================================================= In principle, yes. However, you should keep in mind that a newly added Creative Commons li cancel the previous licence (so the work will be licensed under multiple licences at the s The previously attached licence is still valid, because Creative Commons licences are effe irrevocable. Once a work is published under a Creative Commons licence, everyone has the r under the terms of that licence. This puts the work “in circulation” and makes it impossib to trace back where it was shared. Similarly, for users, the possibility of revoking a pub create legal uncertainty – they would never be completely sure if the attached licence is A licensor has the right to stop distributing content under a particular licence (e.g. to licensed content from the websites on which it has made it available), but the above also once a Creative Commons licence is attached, it is effectively irrevocable.