[ESIP-all] Fwd: [Rdap] Requesting permission to make cultural heritage data OA

[Bruce Barkstrom]

A related kind of issue came up many years ago with respect
to validation periods for satellite data, where the original proposers
had exclusive rights to the data for an initial period.  That period started
out as something like a year, but got whittled down during
the EOS period.

In the CERES investigation, we had insisted that researchers who
wanted access to data would have to provide a record of who they
were, including a note that they had read caveats about the data.
That relieved the concerns of our investigators with minimum
fuss.

The more general case is referenced (after a fashion) in the OAIS
Reference Model where obtaining Intellectual Property Rights is
a strongly recommended practice that should be dealt with as
part of obtaining a Submission Agreement between an archive
and a data producer.

As a practical matter, international law probably takes precedence
over government policies.  I suspect this situation needs some
discussion with the U.S. State Department and probably the legal
counsel of the agency funding her research.  It might even be
helpful to talk with the university's legal department and let them
contact State and the funding agency legal counsel.  I think that's
more likely to be effective than having a single individual trying
to conduct negotiations between governments.  It would certainly
be less lonely - but it's likely to take a lot longer.  Patience is
advised.

Bruce R. Barkstrom


On Tue, Nov 19, 2013 at 12:18 PM, Joe Hourcle <oneiros at grace.nascom.nasa.gov
> wrote:

>
>
> I seem to recall at the 'Data Management for Scientists' workshop that was
> organized by ESIP at an AGU meeting a few years back, the issue of dealing
> with data that access had been granted to with restrictions had come up,
> but I can't remember if there was a resolution.
>
> If it jogs anyone's memory, I think the issue was someone had data that
> they had been given access with conditions similar to those below, and had
> a copy in their archive with restricted access ... but there was the
> question that they weren't allowed to share the data, what does that mean
> for derived products and/or research that's done with the data?
>
> -Joe
>
> (note : I've re-organized the discussion so it's in chronological order
> (ie, removed the top-posting))
>
>
>
>
> Begin forwarded message:
>
> > From: "Konkiel, Stacy Rose" <skonkiel at indiana.edu>
> > Sent: Monday, November 18, 2013 8:42 PM
> > To: 'Research Data, Access and Preservation'
> > Subject: [Rdap] Requesting permission to make cultural heritage data OA
> >
> > All:
> >
> > I'm in talks with an archaeologist who is interested in making her data
> OA but is beholden to the restrictions of a national gov't that gave her
> permission to conduct research in their country. Has anyone else had
> experience with researchers requesting permission to "open up" their
> cultural heritage data after the fact, where they are bound by requirements
> of a national government?
> >
> > I couldn't find information on the DH Curation guide and, as a Science
> Data Management Librarian, am at a loss for where else to look. Any
> guidance you could provide would be greatly appreciated.
> >
> >
> > Best,
> > Stacy Konkiel
> > Science Data Management Librarian
> > Indiana University
> > _______________________________________________
> > Rdap mailing list
> > Rdap at mail.asis.org
> > http://mail.asis.org/mailman/listinfo/rdap
>
>
> Begin forwarded message:
>
> > From: Daureen Nesdill <daureen.nesdill at utah.edu>
> > Date: November 18, 2013 8:53:21 PM EST
> > To: "Research Data, Access and Preservation" <rdap at asis.org>
> > Subject: Re: [Rdap] Requesting permission to make cultural heritage data
> OA
> > Reply-To: "Research Data, Access and Preservation" <rdap at asis.org>
> >
> > Hi Stacy,
> > Has the archaeologist talked to the government recently about the terms
> of the contract?  Maybe their thinking has changed.
> > We have an archeologist here at the U of Utah who put 10 years of
> research into a repository and developed a website to provide other
> researchers access. He wants all archeologists to follow his lead so the
> online data can eventually be used to compare communities, dig sites, etc.
> >
> > See www.utarp.org<http://www.utarp.org>
> >
> > Daureen
> > Data Curation Librarian
> > The Faculty Center @ the Marriott Library
>
>
> Begin forwarded message:
>
> > From: Rdap [mailto:rdap-bounces at asis.org] On Behalf Of Lynn Ransom
> > Sent: Tuesday, November 19, 2013 9:04 AM
> > To: 'Research Data, Access and Preservation'
> > Subject: Re: [Rdap] Requesting permission to make cultural heritage data
> OA
> >
> > If the archaeologist doesn't already know about Eric Kansa, who is
> involved in creating open data in the field of archaeology, she might want
> to contact him. Here is his bio from the White House Champions of Change
> site:
> >
> > http://www.whitehouse.gov/champions/open-science/eric-kansa,-ph.d.-
> >
> > Lynn
> > ******************
> >
> > Lynn Ransom, Ph.D.
> > Project Manager, Lawrence J. Schoenberg Database of Manuscripts
> > Schoenberg Institute for Manuscript Studies
> > The University of Pennsylvania Libraries
> > 3420 Walnut Street
> > Philadelphia, PA 19104-6206
> > 215.898.7851
> > http://dla.library.upenn.edu/dla/schoenberg
>
>
>
> Begin forwarded message:
>
> > From: "Konkiel, Stacy Rose" <skonkiel at indiana.edu>
> > Date: November 19, 2013 11:26:45 AM EST
> > To: "'Research Data, Access and Preservation'" <rdap at asis.org>
> > Subject: Re: [Rdap] Requesting permission to make cultural heritage data
> OA
> > Reply-To: "Research Data, Access and Preservation" <rdap at asis.org>
> >
> > Daureen & Lynn,
> >
> > Thanks very much. I believe my researcher knows Eric Kansa, though she
> didn't know OpenContext very well when we met. Upon exploring the site, she
> agrees that it is a great resource, but she is still at the stage where she
> needs to renegotiate the terms of her contract-the data she's already
> collected is covered by a contract that doesn't take OA into account.
> >
> > The country she is working within is one where archaeological objects
> are considered property of the national government, not the landowner or
> local community. There's tension because of that between the community in
> which she does her research and the gov, which grants her permission to
> conduct her research. Unfortunately, she's stuck in the middle.
> >
> > All of this is to say that she's in a difficult position to begin with,
> politically speaking, and that makes her hesitant to renegotiate her
> contract with the government to include Open Data, though she agrees that
> by opening up the data, it could raise the country's profile with respect
> to its cultural heritage. She (and I) are hoping to find examples where
> researchers successfully negotiated for the right to make data open. It's
> unclear from the OpenContext website how permissions were secured from
> local governments to make that data open. IPINCH (
> http://www.sfu.ca/ipinch/) doesn't seem to directly address this issue.
> >
> > I'll have my researcher touch base with Eric and Dr. Parker at UTARP to
> get example language they may have used in contracts to make their data OA,
> and will share that information if possible. In the meantime, if others
> know of already published reports or articles outlining this challenge (and
> how one can address it), I'd be grateful if they could share it here.
> >
> >
> > Best,
> > Stacy Konkiel
> > Science Data Management Librarian
> > Indiana University
>
>
> _______________________________________________
> ESIP-all mailing list
> ESIP-all at lists.esipfed.org
> http://www.lists.esipfed.org/mailman/listinfo/esip-all
>
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