[Oa-italia] OpenAIRE Legal Study has been published

[Iryna Solodovnik]

*Safe to be Open: OpenAIRE Legal Study has been published*

Guibault, Lucie; Wiebe, Andreas (Eds) (2013) *Safe to be Open: Study on the
protection of research data and recommendation for access and usage*. The
full-text of the book is available
<http://webdoc.sub.gwdg.de/univerlag/2013/legalstudy.pdf> (PDF, ca. 2 MB )
under the CC BY 4.0 license. Published by University of Göttingen
Press<http://www.univerlag.uni-goettingen.de/content/list.php?notback=1&;details=isbn-978-3-86395-147-4>
(Copies
can be ordered from the publisher's website)

Any e-infrastructure which primarily relies on harvesting external data
sources (e.g. repositories) needs to be fully aware of any legal
implications for re-use of this knowledge, and further application by 3rd
parties. OpenAIRE's legal study will put forward recommendations as to
applicable licenses that appropriately address scientific data in the
context of OpenAIRE.

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.

The legal research team also highlighted the usefulness of the CC licenses
to license scientific datasets, in particular the CC0 Public Domain
dedication and CC-BY/CC-BY-SA. OpenAIRE endorses the use of the CC-4.0
licenses.  The advantages of the recently released CC 4.0 licenses are such
that they have the advantage of including the sui generis database rights
into the scope of the licensed rights.


*saluty alla lista Iryna SolodovnikInternational Ph.D. School for
Humanities (SDISU), University of Calabria (Italy) P please don't print
this e-mail unless you really need to. *
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