2015
DOI: 10.1371/journal.pbio.1002235
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Sharing Research Data and Intellectual Property Law: A Primer

Abstract: Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way… Show more

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Cited by 49 publications
(41 citation statements)
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“…FACETS | 2020 | 5: 17-25 | DOI: 10.1139/facets-2019-0031 19 facetsjournal.com universities may claim ownership over workers' inventions, data, patents, licenses, and revenues. In the event of concern over conflict of interest with the institution, ECRs may also consider seeking independent legal opinions (Carroll 2015).…”
Section: Young and Mitterboeckmentioning
confidence: 99%
“…FACETS | 2020 | 5: 17-25 | DOI: 10.1139/facets-2019-0031 19 facetsjournal.com universities may claim ownership over workers' inventions, data, patents, licenses, and revenues. In the event of concern over conflict of interest with the institution, ECRs may also consider seeking independent legal opinions (Carroll 2015).…”
Section: Young and Mitterboeckmentioning
confidence: 99%
“…The SDM infrastructure is adapted from past practices described in Hale et al (2003) which emphasizes a culture of "data sharing." Additional queues from Zook et al (2017) helped inform CRSI SDM requirements for capturing the copyright information (Carroll, 2015), data provenance (Carlson and Anderson, 2007), and data ethics (Floridi and Taddeo, 2016;Vayena and Tasioulas, 2016) that are especially important to address when data are made publicly accessible. U.S. EPA SDM guidelines recommend that a suite of 10 topics should be addressed for thorough data asset management planning (Table 1).…”
Section: Approachmentioning
confidence: 99%
“…Carroll's article analyzing the intellectual property law that comes into play with sharing research data covers the issues well. (Carroll, 2015) It may be difficult to find information on research data management that is specific to the discipline, and there cannot be a "one size fits all" approach to this topic. More information and published examples are needed about how research data is managed and curated in specific subfields.…”
Section: An Evolving Funder Environment Requiring More Open Access Comentioning
confidence: 99%