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Ocean Data Management and EU Database Sui Generis Right

  • Enrique Wulff

Abstract

As advocates of the user perspective in research consortia in the oceanographic- related sector, ocean libraries and National Data Oceanographic Centers (NODCs) beat their place from other agencies to ascertain and manage a range of legitimate reasons to restrict access: by the licensing terms of databases, a person or institution having the right to use them can do it. Since the adoption of Directive 96/9/EC, the use of a non-original database by intended scientific purpose or for correcting errors has now its specific a commendable policy. This is arguably long-sighted given that the (fishing, marine, maritime, spatial, and water) database as a whole can be protected by database rights. In this research exercise, we built on the European Union legislation to enhance database rights between the public and private sectors by establishing a base of existing evidence, asking: what links have been researched on the intersection between oceanographic databases protection and sui generis rights? We investigated by collecting together the full EU legislation for this piece of research and by using bibliographic and desk research, in addition to examining databases. Several results include the work in the cloud where EU legal instruments respond to database protection, right holders in a contractual reconstruction that can take charge of ocean research data management, and, that sui generis rights can indicate a university or research organization, a funding agency, or the researcher himself as the beneficial owner. Based on this analysis, we propose solutions and measures to avoid violations of this technical protection through appropriate licensing guidelines.

Abstract

As advocates of the user perspective in research consortia in the oceanographic- related sector, ocean libraries and National Data Oceanographic Centers (NODCs) beat their place from other agencies to ascertain and manage a range of legitimate reasons to restrict access: by the licensing terms of databases, a person or institution having the right to use them can do it. Since the adoption of Directive 96/9/EC, the use of a non-original database by intended scientific purpose or for correcting errors has now its specific a commendable policy. This is arguably long-sighted given that the (fishing, marine, maritime, spatial, and water) database as a whole can be protected by database rights. In this research exercise, we built on the European Union legislation to enhance database rights between the public and private sectors by establishing a base of existing evidence, asking: what links have been researched on the intersection between oceanographic databases protection and sui generis rights? We investigated by collecting together the full EU legislation for this piece of research and by using bibliographic and desk research, in addition to examining databases. Several results include the work in the cloud where EU legal instruments respond to database protection, right holders in a contractual reconstruction that can take charge of ocean research data management, and, that sui generis rights can indicate a university or research organization, a funding agency, or the researcher himself as the beneficial owner. Based on this analysis, we propose solutions and measures to avoid violations of this technical protection through appropriate licensing guidelines.

Chapters in this book

  1. Frontmatter I
  2. Preface V
  3. Contents VII
  4. Navigating Data Science and Artificial Intelligence Integration in Library and Information Science: Insights from Four National Libraries 1
  5. Integrating AI Tools into Stem Research 25
  6. Ocean Data Management and EU Database Sui Generis Right 53
  7. Leveraging Browser-based VR for GLAM Institutions: Broadening Access to African and Diaspora Cultural Heritage 77
  8. Preservation and Digital Repositories: Connections, Possibilities, and Needs 111
  9. Research Data Management: A Study with Special Reference to Smart Libraries 135
  10. Telepresence Robots in the GLAM sector: Bridging Divides for an Inclusive and Equitable Smart Society 157
  11. NLP Driven Citation Analysis of Legal Scholarship: Challenges and Opportunities 177
  12. ChatGPT and the Future of Library Reference Services 203
  13. Next-Gen Librarianship: Exploring the Potential of Metaverse in Information Spaces 227
  14. Tribal Legal Research and its Challenges in the Age of AI 249
  15. Digital Silent Rooms and Libraries in France During the COVID-19 Pandemic: Enacting Intimate Study Environments 269
  16. Exploring IOT Awareness among Library Professionals: Insights from a Developing Country’s Perspective 291
  17. Information Literacy in Academic Library Instruction 311
  18. Introducing Indiana University Bloomington Libraries Publishing: A Case Study 337
  19. Teaching Information Literacy Skills in Higher Learning Institutions in Zimbabwe 359
  20. Gender Parity Towards Access and Use of ICT in Academic Libraries in Nigeria 385
  21. Literacy Meaning Construction for Malang City: Community Libraries Activists 407
  22. The Nexus of Food Consumerism: Information Science and Technology Perspectives in Ghana 433
  23. Marketing Strategies for Library Services: A Comparative Study Between University and Public Libraries 453
  24. Analyzing the Socio-economic and Environmental Impacts of Artificial Intelligence Adoption in Libraries 473
  25. Transforming Government Information: The Digital Evolution of the United States Government Publishing Office 493
  26. Information Technology Acceptance in Health Information Management Practice in Nigeria: Benefits and Challenges 515
  27. Beyond Information Access: Libraries as Centers of Metaliteracy in the 21st Century 535
  28. The Current State of Artificial Intelligence Use and its Ethical Implications in Higher Education in Zimbabwe 561
  29. Expanding Boundaries: The Role of VR in the Modern Library 589
  30. Open Access and Research Visibility: The Prospects and Challenges of an Open Access Policy in Uganda 611
  31. Revolutionary Research: The Integration of AI and Blockchain in Peer Review Protocols 633
  32. About the Contributors 665
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