Intellectual property (IP) is often complicated but is even more so as it pertains to data, as “facts” are not eligible for copyright protection under United States copyright law. The IP issues surrounding data in academic research environments are often exacerbated by the fact that data ownership has rarely been discussed in university environments prior to NSF’s data management plan requirement in 2011. Researchers retained custody over their datasets and other stakeholders – namely universities and funding agencies – rarely contested ownership. Now, as datasets are increasingly seen as valuable outputs of research alongside publications, questions of data ownership are coming to the fore. This presentation will frame the complex issues surrounding data ownership in an academic research setting and will discuss strategies for educating and advising your researchers on intellectual property issues related to research data.

1. Who owns the data?:
Intellectual property considerations for
academic research data
Rebekah Cummings
Research Data Management Librarian, University of Utah
GWLA/GPN Annual Meeting 2015
May 27, 2015

2. Summer 2012

4. Data Management Rollout Survey
JISC Data Management Rollout Project Survey Results- 2012- http://damaro.oucs.ox.ac.uk/outputs.xml

5. Objectives
1. Frame some of the complications around intellectual
property and data management
2. Hear from you about your institution’s stance on data
ownership

6. Two caveats
1. I am a librarian, not a lawyer
2. There are very few absolutes.
Photos: National Archives, HathiTrust
Slide adapted with permission from Amy Rudersdorf and Franky Abbott, DPLA

7. Academic research data
“The recorded factual material
commonly accepted in the
research community as necessary
to validate research findings.”
– U.S. Office of Management
and Budget, Circular A-110

8. Academic Research Data
Govn’t
Data
Academic
Research
Data
Proprietary
Data
More
Open
Less
Open

9. Why do we care about data
ownership?
Reproducibility
Responsibility
Data Management Plans

10. Complication #1- Stakeholders
1. Researchers
2. Universities
3. Funding Agencies
4. Public

11. Ownership of data
Table from “Research Data Stewardship at UNC,” 2012

12. Complication #2 – Data and IP
“The discoverer of a scientific fact as to the nature of the
physical world, an historical fact, a contemporary news
event, or any other ‘fact’ may not claim to be the ‘author’
of that fact. If anyone may claim authorship of facts, it
must be the Supreme Author of us all.The discoverer
merely finds and records.”
Melville Nimmer, 1963

13. Case law
• Baker v. Seldon (1879) – documents must contain a
significant amount of originality to qualify for copyright.
• Feist v. Rural (1991) – phone books and other
compilations of facts are not eligible for copyright; lack
originality.
• Miller v. Universal Studios, Inc. (1981) – Aggregated
research is not eligible for copyright.

14. However…
• If data are selected, arranged, and coordinated in an
original way, they may be eligible for copyright (17
U.S.C. §101. Definitions)
• “Data” often includes materials that are highly original
• Data laws are not harmonized worldwide (Reichman
Uhlir, 2003)

15. Complication #3 - Terminology
• Data ownership
• Data governance
• Data stewardship

16. University of Utah policy
Except where precluded by the specific terms of a sponsored agreement,
tangible research property, including the scientific data and other records of
research conducted by the faculty or staff of the University, belongs to the
University.”
“The University of Utah retains ownership and stewardship of the scientific
data and records for projects conducted at the University or that use
University personnel or resources
Employee Intellectual Property Assignment says that University IP
includes “the tangible and intangible results of research (including for
example data, lab notebooks, charts, etc.)”

17. Mechanisms for data sharing
• Contracts
• Licenses
• Waivers
Krier and Strasser, 2014

18. What can librarians do?
1. Be familiar with your institution’s policies
2. Educate your researchers about the ownership issues
surrounding their data
3. Encourage waivers and unrestrictive licenses to
encourage open sharing of data
4. Become part of the conversation on your campus and
in the library community around data ownership

19. Questions for the audience
1. Does your institution have clear policies on
data governance?

20. Questions for the audience
1. What are they?
Smithsonian

21. Questions for me?
Ask now! Or…
Call me
(801) 581-7701
Email me
rebekah.cummings@utah.edu
Tweet me
@RebekahCummings