4.1. Data and datasets and databases should be offered without restrictions on use, meaning under a CC0.
- Data: as such not protected by copyright.
- Dataset: not defined by law, can include database (as defined by law) and other structured and unstructured data.
- Database: defined by law as “a collection of independent works, *data* or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means.”
Remember that a database can be protected by copyright (database structure) and/or SGDR (substantial investment in obtaining verifying and presenting data), without prejudice to any copyright or other rights in the underlying material.
Applying a CC0 to a database means that if any rights exist they are waived, if they don’t exist CC0 does not create any obligation. If waiver is not possible then CC0 operates as a waiver or as a license to the same effect within the limits of applicable law.
- Creative Commons (2018) Open Data Guide. (last accessed: 3 July 2018).
- Creative Commons (2018) Open Science. (last accessed: 3 July 2018).
4.1.1. The advantages of making data available without restrictions include:
- Greater availability and accessibility of publicly funded scientific research outputs;
- Possibility for rigorous peer-review processes;
- Greater reproducibility and transparency of scientific works;
- Greater impact of scientific research.
- United Nations Educational, Scientific and Cultural Organisation (2018) Global Open Access Portal. (last accessed: 20 August 2018).
4.2. Where the uploader is concerned with regards attribution they can ‘kindly request’ to be attributed, rather than using the more legally restrictive CC-BY license.
This is not legally binding although follows standard scholarly practice in crediting researchers for their work.
- Creative Commons UK. (2017). Frequently Asked Questions on Creative Commons & Open Access. Zenodo. (last accessed: 3 July 2018).
4.2.1. When ‘kindly requesting’ attribution of a work, the uploader should be advised to offer a citation which can be easily copy and pasted by subsequent users.
- Creative Commons UK. (2017). Fact Sheet on Creative Commons & Open Science. Zenodo. (last accessed: 20 August 2018).
4.2.2. Tools such as the Creative Commons ‘Open Attribute’ tool are available to assist with ensuring adequate attribution.
- Creative Commons (2018) Open Attribute Tool. (last accessed: 3 July 2018).
4.3. Where there are concerns with regards privacy issues or data protection, these should be dealt with under the relevant legislation or ethics policies.
- European Commission (2018) 2018 reform of EU data protection rules. (last accessed 23 July 2018).
4.3.1. Both the BMC consultation and the PLOS data policy address these issues.
- Bloom T, Ganley E, Winker M (2014) Data Access for the Open Access. (last accessed 18 July 2018).
- Hrynaszkiewicz et al (2013) Licensing the future: report on BioMed Central’s public consultation on open data in peer-reviewed journals. (last accessed 18 July 2018).