Przedmiot umowy licencyjnej na udostępnianie i wykorzystywanie danych badawczych w ramach repozytorium instytucjonalnego
Subject matter of the licence agreement for sharing and using research data within the institutional repository

Summary/Abstract: The research problem of this article is the definition and legal characteristics of the subject of the license agreement for the use and sharing of research data. This issue is related to a number of specific research objectives. First, determining the proper subject of the license affects the legal nature of the contract and the legal situation of the parties. Secondly, the subject of the contract is related to the permissible scope of the license authorization and the applicable legal regime. It has been established that a set of research data may have a creative character and then be subject to copyright protection. It can also have no creative character and be covered by sui generis right to the database. Moreover, elements of a research data set may be copyrightable works, as well as the subject of related rights, in particular videograms or phonograms. Moreover, research data may contain information on invention projects, personal data, classified information or secrets protected by law. The subject matter of the license agreement with respect to the provision and use of research data affects the legal regime of the agreement and the permissible scope of authorization. In relation to personal data, classified information or industrial property rights, it may justify the limitation or exclusion of open access to research data. Hence, proper identification of the subject of the agreement is of fundamental importance for the proper implementation of the open access policy by entities operating institutional repositories.

• Details
• Contents