IP and Research Data
Managing your research data
Consider early and review often
Master Class 4 - Introduction to Intellectual Property and Copyright
Wilna Macmillan, Director of Client Services, Library
Outline
1. Addressing IP issues early on - data planning
2. Copyright and data
3. Re-using 3rd party data – it’s not a ‘free for all’
4. Copyright and data sharing/re-use
Data Planning, consider…
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Where did the data come from?
Is the data protected by copyright?
Who owns the data?
How is the data going to be used – now and in the
future?
Can the data be made publicly available?
Can the data be re-used?
How can others find out about the data…?.....?
What happens when the HDR student
finishes and moves on?
Data created or collected by HDRs
 IP Framework applies to data
 Australian case law suggests that datasets or
collections compiled through significant effort are
‘covered’ by copyright, though there are debates
 In general, students will own the IP in the data they
generate – exceptions as mentioned in earlier
presentations
Re-using 3rd party data
 Data not created by the student
 No express permissions (e.g. licence) for re-use of
data = seek permissions from the copyright owner,
where use is outside ‘fair dealing’
 Check fine print around licences / terms and conditions
for modifying & deriving data
www.monash.edu/library/researchdata
Why publish / disseminate data?
 More publishers want data available at peer review
and/or on publication
 Funding agencies want outputs more available
 Options available to deposit data in repositories and
archives (for validation and/or impact)
 Aids discovery and access to data into the future
 Note: Ethics & commercialisation rules still apply
Licences and Copyright
Applying levels of control, to clearly express how the
data may be used/re-used:
 Sometimes open access (licences), sometimes restricted
(usage agreements)
 Copyright is retained under most licences – the copyright
owner chooses use / re-use conditions (e.g. noncommercial)
 Attribution as a minimum - data citation is likely to become
a more common measure of research impact
 In general, copyright should not be waived (e.g. by use of
CC0 – a public domain waiver)
Data licensing frameworks
 Different schemes available – each has strengths and
weaknesses
– Creative Commons
– Open Data Commons
– Australian Government Open Access Licences
(AUSGoal)
• Creative Commons framework seems best at the
moment though momentum is building around
AusGOAL
Research data
consider early …
… consider often …
… consider context …
… consider communication …
More information
 Faculty Librarians monash.edu/library/skills/contacts/
 researchdata@monash.edu
 monash.edu.au/library/researchdata/guidelines/
ownership/