Cambridge University Library IPR: copyright and PhD theses Anna Collins [email protected], Cambridge University Library 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 Intellectual Property Rights questions From Jisc report: Researchers of Tomorrow • Intellectual property rights and copyright are more or less synonyms. FALSE • Copyright is an automatic right and arises whenever an individual or company creates a work. TRUE • Copyright can protect my ideas. FALSE • If a work is posted on the internet it is in the public domain and not protected by copyright law. FALSE • If a work does not have a copyright notice, it is not copyrighted. FALSE • If you don't defend your copyright, you lose its protections. FALSE Personal & Sensitive Personal Data Data Protection Act (UK) 1998 Personal Data • 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.” 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 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 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 TIP Look into using Creative Commons licences 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 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 E-Theses: Things to consider Pros: • Make your findings available to all – often indexed and searchable by Google Cons: • Publication plans for thesis check regulations of publisher • Patents arising from research • Raise your profile in the research • Thesis contains sensitive data community • Persistent URL with [email protected] • Handy for CVs and professional profiles • 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 [email protected] • 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 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 (www.jisclegal.ac.uk) – Legal guidance for information communication technology use in education, research, and external engagement Intellectual Property Office (http://www.ipo.gov.uk) – Official governmental copyright summary Acknowledgements Open Access Post-Graduate Teaching Materials for Research Data Management Adapted by Anna Collins (2011) from modules created by Lindsay Lloyd-Smith (2011) for postgraduate 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 (http://naomikorn.com). 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.