Published: 2022-12-081

Subject matter of the licence agreement for sharing and using research data within the institutional repository

Marek Salamonowicz
Civitas et Lex
Section: Legal Sciences
https://doi.org/10.31648/cetl.7455

Abstract

The article analyses the concept of research data as an object of a license agreement. It has been established that a set of research data may have a creative character and then be subject to copyright protection. It can also have no creative character and be covered by sui generis right to the database. Moreover, elements of a research data set may be copyrightable works, as well as the subject of related rights, in particular videograms or phonograms. Moreover, research data may contain information on invention projects, personal data, classified information or secrets protected by law. The subject matter of the license agreement with respect to the provision and use of research data affects the legal regime of the agreement and the permissible scope of authorization. In relation to personal data, classified information or industrial property rights, it may justify the limitation or exclusion of open access to research data. Hence, proper identification of the subject of the agreement is of fundamental importance for the proper implementation of the open access policy by entities operating institutional repositories.

Keywords:

research data, license agreement, open access, database, copyright

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Citation rules

Salamonowicz, M. (2022). Subject matter of the licence agreement for sharing and using research data within the institutional repository. Civitas Et Lex, 36(4), 49–62. https://doi.org/10.31648/cetl.7455

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