Intellectual Property Aspects of Socio-Economic Research

Intellectual Property Aspects
of Socio-Economic Research
Other titles from the RESPECT Project: An EU Code of Ethics for Socio-Economic Research
Dench S, Iphofen R, Huws U
IES Report 412, 2004. ISBN 1 85184 342 6 Functional Map of a European Socio-Economic Research Project
Schryvers E, Van Gyes G, Vanderbrande T
IES Report 414, 2004. ISBN 1 85184 344 2 Data Protection Aspects Within the Framework of Socio-Economic Research
Rosier K, Vereecken I
IES Report 415, 2004. ISBN 1 85184 345 0 Socio-Economic Research in the Information Society:
A User's Guide from the RESPECT Project
Huws U
IES Report 416, 2004. ISBN 1 85184 346 9 A catalogue of these and over 100 other titles is available from IES, or on
the IES Website, www.employment-studies.co.uk For online resources, see www.respectproject.org Published as IES Report 413, by: THE INSTITUTE FOR EMPLOYMENT STUDIES
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Fax + 44 (0) 1273 690430 www.employment-studies.co.uk Copyright © 2003 ITM Muenster No part of this publication may be reproduced or used in any form by any
means-graphic, electronic or mechanical including photocopying, recording,
taping or information storage or retrieval systems-without prior permission
in writing from the Institute for Employment Studies and ITM. British Library Cataloguing-in-Publication Data A catalogue record for this publication is available from the British
Library
ISBN 1 85184 343 4 Printed in Great Britain
The RESPECT project is about: RESPECT for research ethics RESPECT for intellectual property RESPECT for confidentiality RESPECT for professional qualifications RESPECT for professional standards RESPECT for research users
The aims of the project are to: 1. develop a voluntary code of practice for the
conduct of socio-economic research in the
information society 2. contribute to the development of common European
standards and benchmarks for socio-economic
research 3. contribute to the development of high standards in
cross-national and cross-disciplinary socio-
economic research 4. contribute to broader ethical and professional
debates within the socio-economic research
community 5. help reduce barriers to the mobility of socio-
economic researchers within the EU and Accession
States 6. provide succinct information on good practice in
socio-economic research for research users both
inside and outside the IST community. For full details, see the project website:
www.respectproject.org Acknowledgements We would like to thank Benjamin Bajon, Anna
Baljasnaja and Hayo Schapp (ITM junior researchers)
for their help in this work.
Contents
Executive Summary ix
Draft Guidelines on Intellectual Property xi
A. Introduction 1 I. The aim of these guidelines 1
II. How to use these guidelines 1
III. What is not accomplished with these
guidelines 2 B. Basic Information on Intellectual Property
Rights 5 I. Intellectual Property 5
II. Copyright, database and software
protection 6 C. Which National Law Applies (Private
International Law) 9 I. Which (national) copyright laws to take into
account 9
II. What happens if different countries are
concerned? 10
III. What to consider in an online environment
11
IV. Recommendations 12 D. Questions of Copyright 13 I. What kind of material used in socio-economic
research is protected by copyright legislation?
14
II. Restricted acts under copyright
legislation - what rights are reserved for the
author? 22
III. What kind of
exceptions/exemptions/limitations might apply
to socio-economic research? 40
IV. Consequences of copyright infringements
65 E. Questions of Database Protection 70 I. What is protected? 70
II. Which rights are reserved? 74
III. Exceptions to database protection 76
IV. Term of protection 78
V. Recommendations 78 F. Questions of Software Protection 80 I. What is protected by copyright? 80
II. Restricted acts regarding software
protection 81
III. Exceptions to those restricted acts 82
IV. What is protected by patent law? 85
V. Recommendations 86 G. How to Treat IP-Questions in Contractual
Agreements 87 I. Basic principles of transfer of rights 88
II. Basic principles of contractual
agreements 90
III. Details on copyright related agreements
in Member States 96
IV. Recommendations 102
V. How employment contracts affect intellectual
property 105 H. Appendix 112 I. Additional Links 112
1. general links 112
2. Links to other copyright guidelines
113
II. Additional information on this research
116
1. Questionnaires 116
2. Literature 118
III. Law 126
1. Table of copyright acts used for the
guidelines 126
2. Survey of national provisions 132
3. EU- and international legislation
324
IV. Accession States 326
1. Table of Copyright Acts 326
2. Survey of national provisions 329 Executive Summary Socio-economic research creates intellectual property
and is itself based on intellectual property. The
rules concerning intellectual property rights should
always be kept in mind when conducting any kind of
socio-economic research. These guidelines should enable those concerned with
socio-economic research to take an overview of the
rights at stake, and how to take them into account.
By identifying possibly protected material as the
source or result of any particular research activity,
a researcher should be able to determine whether or
not questions of intellectual property are involved. These principles are governed by EU and Member States
legislation. A researcher who works within the limits
of legislation will therefore show full respect for
intellectual property. These guidelines are meant to
enable researchers to respect intellectual property,
and are therefore based on these regulations. It is
by no means an exhaustive list of all legal aspects
to be considered in a particular case. The guidelines are particularly subject to the
following limitations: 7. Where possible, the guidelines are based, above
all, on the EU Directive harmonising copyright,[1]
but due to the incomplete implementation in the
Member States and limited scope of harmonising EU-
legislation it mostly had to be based on the
variety of national provisions, especially
regarding copyright before implementation