It is imperative that the ownership of research data is clarified prior to the commencement of a project. Future storage and reuse are directly affected by the intellectual property rights of research data.
Data ownership should be documented via a Research Data Management Plan.
Ownership is affected by:
Intellectual Property Rights (IPRs) permit researchers to control the use of their research data. IPRs such as copyright could ensue automatically as data is being accrued whereas others may require patents depending on the research.
The National Principles of Intellectual Property Management for Publicly Funded Research provides "access to best practices for the identification, protection and management of intellectual property, and therefore... [maximises] the national benefits and returns from public investment in research."
This document was created by The Australian Research Council (ARC),The Australian Tertiary Institutions Commercial Companies Association (ATICCA), Universities Australia (Formerly AVCC), The Department of Education, Training and Youth Affairs (DETYA), The Department of Industry, Science and Resources (DISR), IP Australia and The National Health and Medical Research Council (NHMRC).
A selection of rights for the protection and exploitation of intellectual property have been sourced from the document National Principles of Intellectual Property Management for Publicly Funded Research and are listed below. Please mouse-over the boxes for further explanation.
The Australian Governments Open Access and Licensing Framework (AusGOAL), formerly the Government Information Licensing Framework (GILF), enables data creators to make appropriate licencing decisions for data re-use by the wider community. It is the preferred policy and licensing suite for Australian Government data. The licences can be used by anyone. AusGOAL is now officially being extended into the research and innovation sector.
Data creators can determine the most appropriate licence for their data by completing a licencing review. A review identifies:
AusGOAL guides you through a simple set of simple questions that will help you determine the best licence for your data.
Version 4.0 of the Creative Commons Licences were endorsed for AusGOAL in February 2014.
(For further guidance on the differences between the Version 4.0 and Version 3.0 Australian licences here.)
This licence lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licences offered. Recommended for maximum dissemination and use of licensed materials.
This licence lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
This licence lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and licence their new creations under the identical terms. This licence is often compared to “copyleft” free and open source software licences. All new works based on yours will carry the same licence, so any derivatives will also allow commercial use. This is the licence used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.
This licence allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.
This licence lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.
This licence is the most restrictive of the six licences, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.
You can download the Restrictive Licence Template here.