 Hi everyone. Thank you for joining this workshop on copyright issues in secondary data use. My name is Hina and I am the senior research data officer and I'm based at University of Essex. My main responsibilities are to provide guidance and training on secondary ethical and legal issues in data sharing. The session includes presentations of course and you will get the slides after the session as I said. I will be using Mentimeter throughout the session which can be accessed on this link using this digital code or QR code. You can use the Mentimeter on your mobile too and I will also use Padlet. Gail would put the link in the chat when at the end to discuss some copyright scenarios but this will be at the end and you will get the link to the Padlet. So in this session I will focus on intellectual property rights, specifically copyright in the context of research. I will begin by explaining briefly what secondary data is, which is then followed by discussing what rights might there be in research. I will also discuss some issues that are very important in this context such as licensing, establishing right ownership challenges in sharing social media data and national variation in copyright. I will also discuss some best practice tips to ensure rights compliance when it comes to sharing your data for future reuse and finally I will point you to the resources that may be useful and I'll answer your questions in the end and if there are any specific project related questions you can always email me. I will provide the email address on the last slide. So IP rights are the rights that are granted to creators of works that are the result of human intellectual creativity, something that is created using your mind, for example a story, an invention, an artistic work or a symbol and type of IP rights include trademarks which is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others and patents is another type of IP rights. It is an exclusive right granted for an invention and the third type of IP right is registered designs that protects only the shape or appearance of a product. It gives the owner the exclusive right to the design of that product and the final type is copyright which is the protection offered for creative works such as books, music, literary work and you get sometimes of protection automatically and for sometimes you have to apply for so we will be focusing on copyright today. So let's begin with what is secondary data. I'm sure most of you are familiar with it but just for there may be some people who are not so I thought that I should add it. Unlike primary data which is collected by a researcher directly from the original source secondary data is an existing data gathered from studies, surveys or experiments that have been run by other people or for other research for example existing data available at archives or from government organizations, essays, reviews or information floating on social media. So these are all sources of secondary data. So just a quick question have you used or planned to use secondary data? You can put your answers in the chat for now. That's great so most of you here that's good so this is great I think because you are using or plan to use that that is why you are here in this workshop today. So thank you for your responses. Two most relevant types of rights applicable to the secondary data sources are copyrights and database rights. I will be focusing on copyright in today's session but I have given a link at the bottom of the slide for database rights for you to have a look later on it's on our website and you can get more information on database rights from there if you are interested in that. Copyright is an intellectual property right assigned automatically to the works creator as I already explained. It prevents unauthorized copying and publishing of an original work. The creator is automatically the first copyright owner unless there is a contract that assigns copyright differently or there is a written transfer of copyright signed by the copyright owner and it can vary nationally but under the UK Copyright Designs and Patents Act 1988 copyright applies to original literary, dramatic, musical or artistic works, sound recordings, films, broadcasts, cable programs, typographical arrangements of publications and databases. So these are the types. In the UK copyright arises automatically once a work is created. To enjoy copyright protection the work must be original that is to say it must be your own work not copied from someone else. There is no copyright in ideas or facts only in the way those ideas are expressed such as diagrams or tables and so on. So as researchers when you need to obtain copyright clearance so that's the question. Please bear in mind that you do not need copyright clearance if you incorporate the factual data in your own words in a structure owned by your own cell. You may not need to obtain permission if you are making a copy and utilizing that copy for your own research as long as it is not made available to others or citing from the research data. However you do the copyright clearance if you are going to include the secondary data in a publication or you plan to share that data with other people or you plan to share it in an archive so that other researchers can use it in future. And it also applies to incorporating secondary data in your own database that you intend to share with others. So the bottom line is you can use it for your own purposes but when it comes to sharing then you do need permission or copyright clearance. And also there may be some other legal issues for example when personal data is concerned not only the permission from the person who has created the work is required which is the copyright holder but permission from all the people whose personal data is in the work is also required. So copyright and research data is a complicated topic however I have tried to highlight some important issues when it comes to data sharing. Researchers need to keep in mind these issues such as licensing frameworks, right ownership challenges when using social media data and national variation. I'll go through each of these. So intellectual property rights affect the way both you and others can use your and others research data and these issues should be considered at the outset of any research project. So you need to consider copyright when the data is created shared and reused. For example when you create a data and plan to make it available to future users then you are the copyright owner of the data but there is another issue you need to consider which is how you want your data to be made available and here the role of licensing comes in. If you are sharing your primary data then you need to consider about which license to choose and on the other hand if you are using secondary data you need to pay attention to the licenses under which that data is available. So data collections can be available broadly under two types of licenses open licenses and bespoke licenses. As the name implies open license is a standardized way to grant people permission to use the data openly. For example the most widely used open license framework is the creative common license framework and creative common license framework offers different options three of these have been listed here. The first one which is CCBI is the most widely used license as you can see that you're allowed to use and share the data you can create some derivation with it adapted as you require publish your derived data as long as you acknowledge the original data source it also allows a commercial use that is for non-academic purposes. The only condition is that the credit must be given to the creator for example you have download data data set which is available under CCBI you are allowed to use it for your own analysis you can create your own data using few variables from the original data and you're allowed to share your data for future use by giving proper attribution to the original source and you can make your data available under any other license that seems appropriate. The second one is CCBI share alike it is exactly similar to CCBI apart from one condition that any adaptations must be shared under the same license your data should be made available as CCBI share alike and the final CCBI non-commercial has again the similar conditions except that it cannot be used commercially so most of the data made available through responsible repositories such as UK data service it is made available under B spoke licenses as there may be a residual risk of disclosure in data for example data owner might have removed any identifiable information but there might be any information left in the data which if combined with other information may disclose as someone's identity so the conditions associated to these B spoke licenses ensures that researchers act responsibly and ethically with the data and UK data service and user license agreement is one of the examples of the B spoke licenses so if you plan to use secondary data always make sure that you are familiar with the terms and conditions under which the data is made available here at UK it is we facilitate three levels of access for data open access they've got it and controlled access open access for data that contain no personal information they've got it is for the data that contain no personal information but the data owner considers a risk of disclosure resulting from linkage to other data and it is available under the user and user license and users needs to register to access this data and users also need to agree to certain conditions such as not to disclose any identifying information and control access is for the data that may be disclosive and it is available to users who have been trained and accredited and it is the usually access through virtual or physical secure environment so the next section is who owns the right so for this one I would like to share the mentimeter just quick questions to ask you what do you think who owns the right if you can go to menti.com use this code then you are able to see the question so the first question is what do you think who owns the right university or the employee yeah majority of you almost all of you think that it is the university who owns the right so someone thinks that it's employee yep so you do need to bear in mind that rules on ip ownership will depend on national law and individual institution policies but may vary from country to country so as a general rule the copyright in a work is initially owned by the works creator but this isn't always the case if a work is created by an employee in the course of his or her employment the employer owns the copyright unless otherwise agreed upon differently so those who think that it's university they are right as well and the one who thinks that it's employee can be right as well it depends on national laws as well as the institutional policies but as a general rule it's the employer many universities or research center claim ownership of any ip that is generated by academic staff in the course of their employment and also when ip is created using substantial institutional resources so they think that they are the ones who should have the ownership and when two or more authors prepare a work with the intent to combine their contributions the authors are considered joint copyright owners so thank you for your responses the next question in the context of students who owns the right is it the university or a student yeah so some something that its students and few of you thinks that it's a university so in terms of students most universities recognize as a general principles that students who are not employees of the university own the IP rights in the works they produce purely based on knowledge received from the lecturers in teaching however there may be some circumstances where ownership has to be shared or assigned to the university or a third party and typically these include sponsored students students working on research these are publications in collaborations with academic staff so it always depend and in terms of research funder and researcher i think that should be obvious here research funder may also wish to exert some claim over rights although in most cases ip rights are attributed to the researchers unless an output becomes commercially viable so yeah it also depends on the national variation and the research funders policies but generally speaking it's the researchers who can claim copyright ownership and the last question what do you think who owns the right in a collaborative project i think that that that is obvious as well i have just spoken about this a couple of minutes ago someone has written project leader joint copyright shared under collaborative agreement yeah that's right so it would be a joint copyright in a collaborative project unless otherwise agreed yeah that's right yeah if a university research project has commercial collaborators there may be joint IP rights in the research outputs which are best handled via legal contracts or consortium agreements and researchers should clarify ownership of rights relating to research data sources for both primary and secondary data being used before embarking upon research and this in turn will help determine how those data can be published and accessed in so as a general rule it's it is a joint copyright but it's better always better to just have a discussion on this that who's going to have a copyright whether it's joint or it's solo copyright so the best practice is to find out the ownership as soon as possible so how you can find out who owns the rights it is not that hard to find out who owns the right if you are affiliated to any university or research center there should be a staff in there who deals with the ethical and legal compliance in research like rios or you can find it looking at the applicable national IP law IP policies of the university and the individual contract contractual agreements among the universities creators and sponsors or as a last resort seek legal advice to be compliant because failure to do so can cause serious issue for the future uses of your research such as its dissemination any future related research projects or profits associated with it if there are any profits associated so the next issue is to consider the copyright considerations when using social media data i'm sure you all are very well aware what social media is it is an umbrella thumb used for internet based or mobile applications that allow users to form online social networks some of the very popular social media platforms include facebook twitter instagram snapchat and linkedin however the most widely used among these in the context of research is twitter the data is usually obtained through the application programming interface commonly known as apis of the social media platforms apis are provided by social media platforms to enable controlled access to their underlying functions and data and so the api acts as an interface between the social media platform and a consumer of social media data the twitter streaming api allows researchers and collecting institutions to obtain tweets generated by users in real time thus accessing data through api provides the most authentic record of social media and the information available on social media platforms includes individual posts or tweets what people share on a day-to-day basis how people comment on posts and tweets shows their opinion behavior likes dislikes visual content interests social interactions networking and the current trends in any context so these different platforms poses a wide variety of functions and appeal to different audiences and they all create a byproduct of valuable data about the user who interact with them the terms of use for the most commonly used social media platforms are similar in terms of how they deal with intellectual property rights content is protected by copyright in the same way as books and journals whatever you post on these platforms is considered your creation your content so these platforms clearly state that the users have copyright for their own content and you are the copyright holder of your tweets or facebook posts though you are the copyright holder but when you agree to the terms and conditions to create your account on these platforms you sign an agreement that gives the site a license to freely use the work for a variety of purposes including an opportunity for researchers to access the data for academic research so researchers using social media data need to abide by the terms and conditions of the platforms or api developers terms and conditions of these social media platforms or a by api developers play an important role in terms of the future uses of data such as publishing or archiving i'll be using twitter as an example as it is the most widely used social media platform across the world for research purposes so as an open platform the majority of tweets are available to public view and researchers can collect large numbers of tweets in a very short period of time via the platforms ip sorry not ip a bi however though it is a valuable source for research but researchers face challenges when it comes to publishing social media data or archiving it for future use after a researcher or research team has created a data set it is not usually possible for them to deposit that data set with an archive or collecting institution for for example twitter policy restricts from sharing any data they obtain from the api and also from storing data in a cloud the policy does however allow the archiving of tweet ids the unique number given to an individual tweet or user ids the number assigned to twitter twitter account holders other researchers could use the tweet ids to recreate a data used in a previous study but only if twitter continues to provide access to historical data it is not ideal but at least if it provides a better solution than sharing no information at all about data sources for published studies and besides this there may be another challenge researchers use different methods to access social media data from apis different tools different platforms even different types of apis different resellers with different services which create very diverse types of data sets so individual researchers also use different methods to clean or organize their data as well as different tools and methods for analyzing their data and in addition to the ids associated with the data set information about how the raw data was collected and how it was cleaned is also important and it will require will be required for recreating a data set or understanding how and why it has been altered therefore the archiving of data set identifiers is more effective if the processes used to create them are also documented so twitter places particular restriction on the form in which tweets may be published and requiring certain items of data to be obtained in the published form the force retention of this material may pose a challenge to privacy for example if you need to go to some tweets while publishing you cannot anonymize the tweets as twitter does not allow modification in the content you need to use the full tweet as it is so so there are many challenges if you plan to share the social media data you can use it for your personal use but when it comes to data sharing them then there are certain challenges here I have added a useful checklist by UCL though it is for the reviewers but can be useful for the researchers who wish to use social media data so you can read the list this checklist later on now another important point to keep in mind is the copyright in the international context just a quick question you can answer in a chat box in which country you're getting out your research if you would like to share I have just gone to the chat and saw a comment that someone has said that API policies of X oh yes I should use the word X now because it's recently been changed restricted access is not allowed if you share with researchers all right I'm not familiar with that I thank you for highlighting this I will check that so most of the people are from the UK one of them Egypt Netherlands that's great thank you for your responses so every country has its own copyright laws but over the years there has been extensive global harmonization of copyright laws though treaties through the treaties and trade agreements and these treaties and agreements establish minimum standards for all participating countries this system leaves room for local variation one of the most significant international agreement is the burn convention though it was signed originally in 1886 but it has since been revised and attended on several occasions this treaty lays out several fundamental principles upon which all participating countries have agreed one of those principles is national treatment which means that all countries must give foreign works the same protection they give to the works created within their borders assuming the other country is a signatory and besides this the minimum standards also include the type of work protected duration limitation exception and so on so the bottom line is the national laws are built on the similar basic standards but there may be variation on a country level in terms of type of work duration or exception so this is an interesting map which gives you an idea of differences in copyright duration around the world we can have a look at the map from a continental perspective and you can clearly see patterns of same duration with small exceptions for example in Europe America Canada most countries adhere to life plus 70 years as formulated by burn convention while in comparison in Africa we can see the continent is dominated by life plus 50 years with few exceptions of course and Mexico stands out and is actually the only country to adopt life plus 100 years you can examine this map later on when you get the slides so if you plan to use secondary data always ensure that you consider these questions who the copyright holder of the data set is can you use these data sets and in what way are you allowed to archive and publish them in a data repository if not you may need to seek for the permission to distribute material you do not own because if permission is not granted you may need to remove the copyright material before sharing it copyright law does allow certain exceptions for example you are allowed to copy limited extracts of work when the use is non-commercial research or private study however in the context of data sharing researchers are not allowed to share the secondary data unless they are allowed to do so so it's different the copyright exception element is different when it comes to data sharing the majority of users of copyright material continue to require permission from copyright owners so you should be careful when considering whether you can rely on an exception and if in doubt you should always check with data centers or you can seek legal advice finally do remember that the details of the provisions will be subject to national law and while most will be similar details will vary from country to country for example users of copyright works based in the UK are subject to the specific exceptions to copyright outlined in the UK copyright laws since each country will have its own exceptions to copyright which are likely to vary from one country to another users in one country will be able to reproduce copyright work under the copyright exception in ways that users in other countries will not so always check your national law I have added a copyright scenario here for you to read just to give you an example a researcher has used secondary data sources for a research project and he intend to share his data for future reads he has to use it's a real example this researcher has deposited data with us so I have selected two of the sources he has used which are World Bank and Microsoft academics as he has used secondary sources he should check whether he is allowed to share this data he has used from these sources so he needs to check the terms and conditions of the use these are usually at the bottom of the web pages but sometimes hidden any effort to find out so I have copied the terms and conditions the extract on the licenses from World Bank open data for you from their works from their website and here you can see that it is mentioned that there is no restriction on sharing the data with the third parties so that is fine the information or the data or the variables he has obtained from World Bank open data so these variables to share or archive with us was not a problem however with the Microsoft academic website it says here that you cannot modify distribute publish these materials that have been obtained from their website so the researchers had to go back to them and he had to obtain permission from them in a technical term copyright clearance to publish their data with us so always check this if you plan to deposit your data for future use here on this slide I have added links to our web pages on copyright and access levels I have also added a useful template which is called variable information log for data sets being deposited that include secondary data resources researchers are advised to prepare a variable information log describing these resources this log not only allows others to understand and use data correctly but also ensures that repositories can check the appropriate terms and conditions applicable to onward sharing on your behalf and the variable information log should also include the variable name its source how it was collected brief description and any restrictions noted on its further use and I have added some of the resources here on this slide which can be useful for you some more resources and now I have put together some case studies that are very helpful I'm assuming that these are helpful for you if you can go to the padlet by using this link or this QR code so there are five case studies I have put together or you can say copyright scenarios that can help you to understand how it works so on the bottom of each scenario you can add your comment so what would be the right issue if you can start from the first one copyright in a project based on diary data imagine a research project where a researcher is collecting diaries given this is diaries participants might wish to publish memoirs in future how would you ensure copyright issues what could be the right issue here in this scenario what what are your thoughts if you would like to add your comments on the bottom of this any thoughts on that yes someone has written in the chat that it's personal data that's right yeah I'll go through the first one I think you Helen is right that it's it could have a personal data you can use the information obtained in the discussion for your own research however when it comes to data sharing or publishing you need to obtain permission from the participants to share their personal information so you need to obtain consent to share the information and permission to use the data for future reuse yeah so someone has written clarify who owns the copyright of the diaries that's right copyright remains with the owner of each diary absolutely right unless agreed otherwise if the owner transfers the right to the researchers that should be fine if not then the copyright clearance is required and the that's right so no more comments on the first one the second one is copyright of the information available online if you can read this scenario and would like to answer either underneath the scenario on the padlet or in the chat that that would be fine I'll keep on refreshing yeah the third comment is you can always ask them to transfer copyright that's why I said unless agreed otherwise if the owner of the diary agrees to transfer the copyright in your name that is up to them so that is an option as well the second scenario is copyright of information available online our researcher studies how health issues around obesity are reported in the media in the last 10 years freely available newspaper websites library resources are used to obtain articles on this topic and articles or excerpts are copied into a database and coded according to various criteria for content analysis can the researcher use such public data without breaching copyright can the database the archive and share with other researchers yes someone else written rest yes will depend on the license agreement between the with the database provider that can use I think but cannot share yes that's what I have emphasized in my talk that you can use it you can use any information for your personal purposes but when it comes to data sharing then you have to see yeah if you cannot get copyright clearance or permission you cannot go to that person because the online information it's not always most of the time it's not possible to contact the owner of that information then you can just present it through summaries that that that is another option yeah so even though the articles obtained are freely available online they may still be subject to copyright while such information can be used for personal research purposes as some of you have said and it does come under fair dealing exception the articles cannot be archived unless permission is obtained from the newspapers otherwise this would breach copyright terms and conditions of all the data used should be checked before the archiving process taken but it should be okay for your own personal use so the third one copyright of archived data a researcher uses international social survey program data up to on from obtained from the assist Lebanese Institute for the social sciences in Germany it's an archive these data are available to registered users the researcher incorporates some of the ISSP data within a database containing his own research data can this database be placed on the researchers but yeah so perfect that was the bottom line I tried to convey you through my talk and I think you all get it it depends upon the agreement with them but probably not without permission now it depends on license agreement that's right so although the ISSP data are available for free to all registered researchers there this does not mean that the data can be published on a website and made available to others the data can be incorporated incorporated into your database and used for personal analysis but before this data set is placed on a website or you plan to archive it permission must be sought from the data on so yeah thank you the fourth one transcription from a printed work into a spreadsheet what do you think a researcher has copied a series of statistical information from a printed work into a spreadsheet that transcription is a direct copy with minimal alterations the book is in copyright so what would be the right to choose yeah I think it's again the same the researcher should technically have cleared copyright before transcription if the work is for personal use only this can probably be disregarded but if the newly constructed data set is to be archived and disseminated copyright clearance will need to begin from the copyright hold yeah that's that's fine for their personal use however they cannot share it that that is fine perfect great and the final one is copyright in academic research a research student wishes to deposit data in an archive that was collected as part of their phd or an academic staff during their employment with the university so what would be the right issue I think we we have discussed this on Mentimeter through that question the right ownership between the student and the university so quite straightforward yeah add relevancy c licenses that's fine so although IP ownership will depend on national law and individual institution policies most universities recognize as a general principles that students who are not employees of the university own the IP rights in the works they produce purely based on knowledge received from lecturers so but there may be some circumstances as I said earlier where ownership has to be shared or assigned to the university um yeah so it depends from where they source the data yeah it depends from where they source the data comments about twitter what could be okay for phd but not for staff yes that's right this must apply to most of the data in the data archive yeah as I said that we have primary data collections from the researchers from the students and we do offer open access safeguarded access and controlled access but sometimes in terms of the secondary data for example someone has deposited secondary data with us for example they have taken some data set from for example what could be the example any data that is under open government license or crown copyright which is an open access data but when they deposited data with us they may have included their own primary data the links to that crown copyrighted data so we have classed it as a safeguarded data under end user license so although it has some crown copyright or open access data but it also has some safeguarded data so it always depends on the terms and conditions that have been used the licenses that were used so the bottom line of take home message from today's session is always check the terms and conditions associated with the licenses for the information that that you are using so that's all thank you very much for listening to me that's my email address if you have any specific project related queries you can always come back to me and I will try to respond to you as soon as I can thank you for attending today's workshop