
Data protection, rights and access: IPR - what's different about data?
It depends!
Remember our working definition from the first unit? "Research data are collected, observed, or created, for the purposes of analysis to produce and validate original research results." Different areas have vastly different forms of research data, from straightforward numeric lists to highly annotated audio or video materials.
Some data, such as video, would be treated like an expressive work and enjoy normal copyright privileges. Other data may simply be facts and are not subject to any IPR at all.
Different legal jurisdictions treat data differently too. Creativity or originality may be a factor as to whether data attracts copyright, such as in the US for the former, or Australia for the latter. Just as typography is protected in regular works, the arrangement and structure of a database may (or may not) be protected.
The European Union Database Directive offers protection in some European countries for the contents of a database where a substantial investment was made to obtain, verify or present them, although exemptions may exist for teaching or research purposes.
Establishing who has legal rights to your data and whether you have rights to use others' data might not be an easy task. The last part of this unit explores laws that can give the public the right to access your data - whether you like it or not!