4th OpenAIRE Workshop, Lucie Guibault

OpenAire+: Legal framework –

Conclusions and Guidelines Dr. Lucie Guibault,

Legal and Sustainability Issues for Open Access Infrastructures, Vilnius

Legal status of scientific output not entirely clear;

Authorization of the rights owner is required to use

a substantial portion of the contents of a database

Exception for scientific uses is poorly implemented

and harmonized.

Acts such as linking to and from other databases is

not clearly regulated under EU and national law.

IP Protection of scientific output

13 November 2013 Institute for Information Law - IViR 2

Crucial for data collectors and depositors to ensure:

that all necessary copyright permissions have

been cleared prior to deposit and

that ownership of the materials has been

established.

Importance of licence terms - legal certainty for

rights owner and users alike

OpenAire+ Guidelines


Institute for Information Law - IViR 6

Institute for Information Law - IViR 7

20 August 2013

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4 November 2013

Use of proper Open Access licenses is paramount

OA licences grant data a future - by allowing others

to care for and use it.

Importance of compatibility of licences

Horizon2020 will require data management plan –

which includes proper licensing strategy

Guidelines


Preference for version 4.0 of the Creative

Commons licences

Version 4.0 addresses database rights

Offers unique tool to license both publications

and data

Recommend CC 4.0 BY or BY-SA

SA may have impact on re-use by (commercial)

parties who have proprietary business models

Guidelines


THANK YOU FOR YOUR ATTENTION!

More information?

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4th OpenAIRE Workshop, Lucie Guibault

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