Guadamuz and Cabell (2014)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Guadamuz and Cabell (2014)
Title: Data Mining in UK Higher Education Institutions: Law and Policy
Author(s): Andrés Guadamuz, Diane Cabell
Year: 2014
Citation: Guadamuz, A. and Cabell, D. (2014) Data Mining in UK Higher Education Institutions: Law and Policy. Queen Mary Intellectual Property Review 4:1 pp. 3-29
Link(s): Open Access
Key Related Studies:
Discipline:
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About the Data
Data Description: The research primarily examines the UK legal framework for text and data mining exceptions, and considers more specifically the policies of higher education institutions in regards to this type of reuse. The research compares the results of findings regarding open licensing practices from various repositories and databases, as well as conducting a survey of repositories detailed in the SHERPA list, and data.gov.uk case study.
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • July 2012
Funder(s):

Abstract

“This article explores some of the issues surrounding data mining in the UK's higher education institutions (HEIs). Data mining is understood as the computational analysis of data contained in a text or data set in order to extract new knowledge from it. There are two main ways in which HEIs are involved with data mining: in the process of conducting research, and as producers of data. As consumers, HEIs may have restrictions on the manner in which they can conduct research given the fact that it is likely that content will be protected by intellectual property rights. As producers, HEIs are faced with increasing pressure to make publicly-funded research available to the public through institutional repositories and other similar open access schemes, but some of these do not set out reuse policies for data. The article concludes that if more research was made available with adequate licensing strategies, then the question of whether data mining research is legal would be moot.”

Main Results of the Study

An analysis of the data.gov.uk repository reveals that 84.4% of publicly-funded works are available via an Open Government Licence. Conversely, half of the works available through the OKF Data Hub have no specific licence attached. The authors ascribe the success of the data.gov.uk to clear licensing instructions from the institution (where this is absent from the OKF Data Hub).

Of the 53 publicly accessible repositories listed on the SHERPA repository site, only 37% had “clear, easy-to-access and unambiguous data reuse policies”. Most terms of use centre around giving uploaders a general understanding of copyright, and warning regarding plagiarism, as opposed to clarifying policies on reuse. Similarly, the OpenDOAR repository list confirms that 61% of UK repositories have no clear policy on metadata, and 57.7% have no clear policies on reuse. Authors ascribe this to the lack of harmonised industry-standards, with repositories using both ad hoc policies, and Creative Commons licences.

Policy Implications as Stated By Author

The research recommends that repositories and higher education institutions should implement a “top-down” approach to licensing, which avoids the risk of licence proliferation. In their case study example, this involves the inclusion of a clause which states that the content of a repository is made available under a singular licence, which future uploaders must subscribe to. By introducing an institutional-level harmonised standard of reuse policies in relation to data mining, this may bypass any legal questions of compliance with legislation (such as whether data mining is fair dealing, or whether the copying process is transient).


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets