Source: Own Illustration
In the previous post, “Creative Commons Licenses Explained Simply,” we explained how Creative Commons licenses work and the options they offer for making scholarly works available for reuse.
However, choosing an appropriate Creative Commons license is just one step toward publishing research data. Various legal and organizational issues should be clarified in advance. These include, for example, whether the research data may be published at all, whether intellectual property rights apply to it, and which license or repository is appropriate in each case.
This post provides an overview of the most important issues and highlights what researchers should keep in mind when publishing their research data.
Can the Research Data Be Published?
Not all research data can be published without further consideration. For example, if the data contains personal information, confidential information, or is subject to contractual agreements, these conditions must first be reviewed. Requirements set by funding organizations or collaboration partners can also influence whether and in what form publication is possible.
Are There Intellectual Property Rights Associated With the Research Data?
Not all research data is automatically protected by copyright. Whether intellectual property rights exist depends on the type of data and its specific form and must be assessed on a case-by-case basis.
Mere measurement values or raw data often do not meet the required level of creativity for copyright protection. The situation may be different, for example, in the case of processed data collections, databases, or certain image data. However, there is no universal rule.
This distinction is important because Creative Commons licenses can, in principle, only take legal effect if corresponding intellectual property rights exist. Whether this is the case often cannot be answered in general terms.
Which Creative Commons License Is Appropriate?
Only once it has been clarified that the research data can be published and which intellectual property rights apply should a decision be made regarding an appropriate license.
Which license is appropriate in a specific case depends, among other things, on whether copyright or database rights exist at all for the research data and what form of reuse should be permitted.
If the research data is subject to relevant intellectual property rights, it can generally be made available for reuse through a Creative Commons license. Which license is appropriate depends on the desired terms of use and the specific use case.
In practice, CC0 (Creative Commons Zero) and CC BY (Creative Commons Attribution) are frequently used in connection with research data. CC0 is not a license, but rather a release or a legal instrument.
Rights holders thereby waive existing copyright and database rights to the extent legally possible. However, CC0 is not equivalent to the public domain. While content in the public domain is not subject to copyright protection or such protection has already expired, CC0 requires that existing rights be released for free use to the greatest extent possible.
CC BY permits the use of the data on the condition that the authors are credited.
However, there is no general answer as to which of these releases applies in a specific case; this should always be assessed within the relevant legal and technical context.
Depending on the chosen license, certain uses may be restricted, for example, by the license modules NC (NonCommercial) or ND (NoDerivatives). Whether such restrictions are appropriate depends on the specific dataset and the objectives of the publication. If the intention is to make reuse as open as possible, the implications of these restrictions should be carefully weighed.
Regardless of the chosen license, however, the following applies: In accordance with good scientific practice, research data should always be correctly cited and its origin transparently documented. The obligation to cite research data applies regardless of any license.
Is the Research Data Sufficiently Documented?
Well-documented research data is easier to understand and can be reused more effectively. Therefore, in addition to the data itself, accompanying information should also be published, such as README files, data descriptions, code books, or information on the methods used.
Meaningful documentation helps other researchers properly contextualize and reuse the data. It thus contributes significantly to the implementation of the FAIR principles.
Where Are Research Data Published?
In addition to making data available, the publication venue also plays an important role. First, check whether a suitable repository exists for your field. Subject-specific repositories are often based on the standards of the respective scientific community and are recommended or even required by funding organizations.
At RWTH Aachen University, two central services for research data management are available: Coscine and RWTH Publications. We explain which solution is suitable for your specific use case and when to use which service in the blog post “Where Should I Store My Research Data? A Decision-Making Guide for RWTH.”
Also, be sure to clearly indicate the selected access license, for example, in the repository, in the metadata, or in the documentation. This ensures that reusers can see all the important information at a glance.
Conclusion
Publishing research data involves much more than simply choosing an appropriate access license. Legal, organizational, and technical aspects should be considered well in advance to ensure that research data remains discoverable, understandable, and reusable in the long term.
There is no one-size-fits-all solution. Whether intellectual property rights apply, which access level is appropriate, and which repository should be used always depends on the specific dataset and the respective circumstances.
Learn More
Are you planning to publish your research data? The RDM team is happy to assist you with general questions about research data management and advise you on suitable RDM services.
Responsible for the content of this article is Arlinda Ujkani.
The following sources served as the basis for this article:
- Creative Commons Wiki. Data.
- Creative Commons Wiki. CC0 use for data.
- Berlin Universities Publishing. What is CC0 (Creative Commons Zero)?
- Digital Curation Centre. How to license research data.
- Max Planck Digital Library. Research data management: Licenses.
- Wilkinson, M. D. et al. (2016). The FAIR Guiding Principles for scientific data management and stewardship. Scientific Data, 3, 160018.
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