Ownership

When data are created, it is important to determine who owns it. It could be a researcher, the funding institution, another entity involved in its creation, or joint ownership between multiple parties involved in the creation, either individual or at an institution level.

Deciding ownership is complex and varies by country, institution, type of creator (e.g. employee, student), nature of the work, use of institutional resources or funding, and whether it was created individually or collaboratively. For example, universities often claim ownership of data created by academic staff during employment or using significant institutional resources, though this varies by country. Generally, students who are not university employees keep IP rights to their work unless circumstances involve sponsorship, research collaborations, or commercial prospects, where ownership may be shared or assigned to the university or third parties.

Research funders may also assert claims, particularly for commercially viable outputs. For projects with commercial collaborators, joint IP rights should be addressed through legal agreements.

It is always advisable that researchers clarify ownership of primary and secondary data before starting their research; this is to ensure proper publication and access rights. These rights need to be considered when creating, using and sharing data.

Researchers can:

1. Check national IP Laws as it often depends on the laws of the country where the work is created.
2. Review University or Research Institution Policies if affiliated with a university or public research institution (PRI).
3. Look at Contractual Agreements between researchers, universities/PRIs, and external sponsors.
4. Seek Legal Advice if it gets complicated, e.g. when several collaborators are involved nationally or internationally.