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The legal status of raw data: a guide for research practice

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(July 2009)This legal guide was produced for SURFdirect, SURF’s digital rights Expertise Community for higher education, by the Centre for Intellectual Property Law (CIER). This publication is published under Creative Commons Licence Attribution 3.0 Netherlands..

Abstract

The legal protection of raw research data is relevant for a number of reasons. Raw research data is primarily relevant to other researchers, who can use it for new research and new publications. It is therefore important to know what the legal status is of the data concerned, because under certain circumstances research data is protected by copyright. This means that certain action taken in respect of the data requires consent, for example from its “author” (i.e. the “maker” of the data). Not every use of protected research data requires the author’s consent, however; some actions involving data can be carried out without consent.

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