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Open Access to Biodiversity Scientific Data: A Comparative
Study
Mélanie Dulong de Rosnay and Andrés GuadamuzNational Centre for Scientific Research (CNRS) Institute for
Communication Sciences, FranceUniversity of Sussex, School of Law, UK
17th ICABR Conference“Innovation and Policy for the Bioeconomy”
Ravello (Italy): June 18 - 21, 2013
The future is open
EU Commission
“The vision underlying the Commission’s strategy on open data and knowledge circulation is that information already paid for by the public purse should not be paid for again each time it is accessed or used, and that it should benefit European companies and citizens to the full. This means making publicly-funded scientific information available online, at no extra cost, to European researchers and citizens via sustainable e-infrastructures, also ensuring long-term access to avoid losing scientific information of unique value.”
White House OA Declaration
“The Office of Science and Technology Policy (OSTP) hereby directs each Federal agency with over $100 million in annual conduct of research and development expenditures to develop a plan to support increased public access to the results of research funded by the Federal Government. This includes any results published in peer-reviewed scholarly publications that are based on research that directly arises from Federal funds […]
Just in the UK
• Research Councils UK
• Other funding bodies (Wellcome)
• Finch Report
• UK Government OS promise
Biopiracy
Bioprospecting
Controversies about OA
• Biopiracy• TK• HGS• Bioprospection• INBIO• Because if data from indigenous knowledge
and developing countries is made available under open access conditions, pharmaceutical companies will be able to exploit them without compensation for the local communities.
What is the legal framework for protection of biodiversity?
Sample collection
Basic research
Databases
Metadata
Publications
Legal protection of biodiversity data
Copyright Patents Database right (EU) Other/No protection
- Notes- Pictures- Metadata- Publications- Reports- Data- Software- Compilation
- Bioprospecting- Processes- Methods- Software
- Data- Databases- Thesaurus- Ontologies
- Brands- Materials- Specimens- Plant varieties- Genetic banks- Designs- Geolocation information
Contrasting legal regimes
• CDB• Copyright• Patents
Biodiversity data
Environmental data Scientific data Geospatial data Cultural data Metadata
Various status for biodiversity data
• PSI Directive• Inspire Directive• Public access to environmental information
Directive• Subjected to the location of rare species• Right of access does not convey a right of
reuse
Biodiversity datasets
Held by Natural history museums Research institutions Members of the Global Biodiversity Information Facility (GBIF)
Open Data
Open Access and Open Science movements
Changing social norms in
scientific communities
journals publishing agreements
funders or institutions
Recommandations
OECD encouraging the deposit of the underlying dataset at the time of the publication of the article
The EU Commission Recommendation of 17 July 2012 on access to and preservation of scientific information
targets scientific publications and research data that receive public funds
asks for clear open access policy no later than 6 months after publication, or 12 months for the social sciences
No OA mandate
Horizon 2020neither for publicationsnor for underlying datasetsbeyond projects funded by EU research programmes
PSI DirectiveNeither include data from research and sciencenor data produced with public funding.
Licensing a dataset...
Raw data Data sheet Model, taxonomy, ontology, structure Database
not all of them are protected copyright for compilation EU Directive on sui generis rights Access-control mecanisms PSI, Inspire, Reach, physical PD Licence or terms of use
Terms of use
Governance choicesBetween all rights reservedAnd Open Access options
Databases terms of use Reserves rights for education and research Excluding companies Freely used, but on request Contradictory terms of Hidden restrictions Commercial use or private use Botanical Garden of the City of Geneva use New Mexico Biodiversity Collections Consortium
ToU
The different formsof Open Access
Technical barriers
Commons
Licensing frameworks allowing reusability
Do not assert IPR statement: GBIF data sharing agreement
Public domain to allow datamining The Attribution requirement
Opening Up the Natural History Heritage for Europeana CC0
GBIF Data Publishing Framework a technical policy support
Researchers evaluation = publication citation
Attribution = database tracking + data citation
PhytoKeys Journal infrastructure
Connect article and underlying data Methods to implement policies for data
publication linking data to metadata indexation to facilitate data mining
Future work
Clarify which legal provisions apply Develop automated mechanisms for data
citation as an incentive to share data Replace terms of use that makes it impossible
to perform data mining and reuse the data
Thanks
@melanieddr@technollama