Safe to be open

Safe to be open

By Lucie Guibault (editor)
Book Description

This study addresses the most important legal issues when implementing an open access e-infrastructure for research data. It examines the legal requirements for different kinds of usage of research data in an open access infrastructure, such as OpenAIREplus, which links them to publications. The existing legal framework regarding potentially relevant intellectual property (IP) rights is analysed from the general European perspective as well as from that of selected EU Member States. Various examples and usage scenarios are used to explain the scope of protection of the potentially relevant IP rights. In addition different licence models are analysed in order to identify the licence that is best suited to the aim of open access, especially in the context of the infrastructure of OpenAIREplus. Based on the outcomes of these analyses, some recommendations to the European legislator as well as data- and e-infrastructure providers are given on improving the rights situation in relation to research data.


Table of Contents
  • Titelei
  • Table of Contents
  • List of Abbreviations
  • Summary
  • Introduction
  • 1. Definition of Research Data
  • 2. Possible forms of legal protection: An EU legal perspective
    • 2.1 Copyright
    • 2.2 Related rights
    • 2.3 Database Directive
    • 2.4 National implementations
    • 2.5 National differences
    • 2.6 Know how/unfair competition/Patent
  • 3. Scope of protection
    • 3.1 Specific types of usage
    • 3.2 Graphical overview and rights matrix
    • 3.3 “Legal Prototype” of e-infrastructure
  • 4. Analysis of licensing issues
    • 4.1 Overview
    • 4.2 Contracts
  • 5. Conclusions and Recommendations
    • 5.1 Conclusions on the legal framework
    • 5.2 Recommendations to the European legislator
    • 5.3 Recommendations to data- and e-infrastructure providers
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