Access to Research Data and EU Copyright Law

Abstract

With the advent of data-driven science and data-based business models in the 21st century, legal questions surrounding data, data rights and data law have become one of the most discussed topics both for lawmakers and for legal scholars globally. This is true particularly in the European Union, which in recent years has introduced data protection legislation, cybersecurity legislation, legislation regarding digital content and digital services, and more. Within this flurry of legal activity, one area of data law goes surprisingly unnoticed—the generation, ownership and use of research data. The slim attention it receives is disproportionate to its relevance in the digital economy. Not only are research data essential for the development of new technologies, they also feed machine-learning algorithms and are produced in any and all academic institutions. In order to maximize innovative potential, it is essential that researchers operate with legal certainty when using research data. The article seeks to contribute to this aim by exploring the legal framework in which research data can be accessed and used in EU copyright law. First, it delineates the authors’ understanding of research data. It then examines the protection research data currently receives under EU and Member State law via copyright and related rights, as well as the ownership of these rights by different stakeholders in the scientific community. After clarifying relevant conflict-of-laws issues that surround research data, it maps ways to legally access and use them, including statutory exceptions, the open science movement and current developments in law and practice.