Transcript Open Access to Biodiversity Scientific Data: A Comparative

Open Access to Biodiversity
Scientific Data: A Comparative
Study
Mélanie Dulong de Rosnay and Andrés Guadamuz
National Centre for Scientific Research (CNRS) Institute for Communication
Sciences, France
University 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 2020
neither for publications
nor for underlying datasets
beyond projects funded by EU research programmes
PSI Directive
Neither include data from research and science
nor 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 choices
Between all rights reserved
And 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 forms
of 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
@melanieddr
@technollama
Thanks