CaltechAUTHORS
  A Caltech Library Service

Cascading compliance requirements for thesis-related data and software: A survey of institutional policy at American (AAU) research universities

Clement, Gail P. (2016) Cascading compliance requirements for thesis-related data and software: A survey of institutional policy at American (AAU) research universities. In: ETD 2016-Data and Dissertations: 19th International Symposium on Electronic Theses and Dissertations , 11-13 July 2016, Lille, France. http://resolver.caltech.edu/CaltechAUTHORS:20160720-134351534

[img] PDF - Presentation
Creative Commons Attribution Non-commercial.

3714Kb

Use this Persistent URL to link to this item: http://resolver.caltech.edu/CaltechAUTHORS:20160720-134351534

Abstract

According to the CODATA/Research Data Alliance Principles on the Legal Interoperability of Research Data (https://rd-alliance.org/group/rdacodata-legal-interoperability-ig/wiki/legal-principles-data.html), the distribution and dissemination of research data (including software) is, to a significant extent, governed by law and institutional policy that specify ownership of these research outputs and the rights such ownership conveys. In the United States, copyright does not affix to purely factual information, but may govern sharing and reuse of protectable elements in a dataset (selection, arrangement, database design, and documentation) and software (original code, comments, and documentation). Moreover, institutional policy may establish that ownership of research data and software belongs to the University, not the creator. Researchers may be obligated to cede control of their outputs to the University's technology transfer or legal counsel's office. Additionally, research funding agencies may require, as a condition of awarding a grant, that outputs created with their support be disseminated in a particular manner. This confluence of circumstances leaves graduate students in a complex and confusing compliance framework requiring clear understanding and careful navigation of cascading requirements. As enrolled students, does their work fall under the institute's copyright policy statements? Are the textual components of their theses handled differently than the associated research data and software? Is the research data and software they produce to fulfill graduation requirements owned by anyone? If so, who? And what rights and choices do students have to control, share, and invite reuse of their research? The author, as a member of the CODATA/Research Data Alliance Legal Interoperability of Research Data interest group and a coauthor of the draft principles, has investigated the legal and policy provisions surrounding research data and software created at research universities in the United States. Analysis of the policies of the institutions belonging to the Association of American Universities reveals a highly variable and confusing landscape for American graduate students at this time. The seemingly incomplete guidance and at times contradictory assertions being made around ownership of graduate student data and software yields uncertainty and risk for non-compliance with legal and policy requirements. This presentation will summarize the chief areas of American law and policy that impact the sharing of graduate research outputs and point out areas of uncertainty and confusion. The presenter will share summary data from the full text analysis of AAU institutions' posted IP policies, theses manuals, and repository deposit licenses that represent assertions about student rights in their research data and software. The discussion component of the presentation recommends model language that could be adopted to ensure greater clarity and compliance to help graduate students and their advisors make sound dissemination decisions.


Item Type:Conference or Workshop Item (Paper)
Related URLs:
URLURL TypeDescription
http://etd2016.sciencesconf.org/91775Related ItemETD2016 Conference Abstracts
ORCID:
AuthorORCID
Clement, Gail P.0000-0001-5494-4806
Subject Keywords:Theses; ETDs; Research Data; Copyright; Legal Interoperability
DOI:10.7907/Z9T43R1Q
Record Number:CaltechAUTHORS:20160720-134351534
Persistent URL:http://resolver.caltech.edu/CaltechAUTHORS:20160720-134351534
Official Citation:Gail Clement (2016): Cascading compliance requirements for thesis-related data and software: A survey of institutional policy at American (AAU) research universities. Networked Digital Library of Theses and Dissertations (NDLTD). ETD 2016-Data and Dissertations: ETD2016-Data & Dissertations: 19th International Symposium on Electronic Theses and Dissertations http://doi.org/10.7907/Z9T43R1Q
Usage Policy:No commercial reproduction, distribution, display or performance rights in this work are provided.
ID Code:69137
Collection:CaltechAUTHORS
Deposited By: Gail Peretsman Clement
Deposited On:28 Jul 2016 21:16
Last Modified:28 Jul 2016 21:18

Repository Staff Only: item control page