Zusammenfassung
This study addresses the most important legal issues when implementing an open
access e-infrastructure for research data. It examines the legal requirements for
different kinds of usage of research data in an open access infrastructure, such
as OpenAIREplus, which links them to publications. The existing legal framework
regarding potentially relevant intellectual property (IP) rights is analysed from the
general European perspective as well as from that of selected EU Member States.
Various examples and usage scenarios are used to explain the scope of protection of
the potentially relevant IP rights. In addition different licence models are analysed in
order to identify the licence that is best suited to the aim of open access, especially
in the context of the infrastructure of OpenAIREplus. Based on the outcomes of these
analyses, some recommendations to the European legislator as well as data- and
e-infrastructure providers are given on improving the rights situation in relation to
research data.
Nutzer