CR6: Clarifying legal issues to improve content deposits

Overview

The Content and Rights work package (CR6) forms one of a number of work packages that comprise the Dataset Acquisition, Accessibility, and Annotation e-Research Technologies Project (DART). The aim of work package CR6 is ‘to improve content deposit rates by clarifying legal issues around intellectual property, information security and privacy.’ As the research for this work package progressed, it became obvious that the production of a final report by December 2006 was not feasible for the following reasons:

1. There were too many uncertainties surrounding the way in which DART might support e-Research; and
2. Each of the demonstrator models remains in a state of flux. This makes it impossible to clarify legal issues in the way that was proposed when the research commenced in January 2006.

As a result of these uncertainties, we produced an Interim Report on 23 January 2007 which was circulated to all Chief Investigators and all other relevant persons for the express purpose of providing us further information and guidance by no later than 31 March 2007. This Final Report comprises an Executive Summary followed by chapters that explain the nature of e-Research, the DART project itself and the legal issues that arise in the areas of intellectual property law, the law of privacy and freedom of information, and information security law. The law is as stated at the 23 January 2007. Where the Report comments on other aspects of the DART project, that information is also current as at 23 January 2007. Any later developments have not been considered in this Report.

Legal Risks

The DART project is an integral part of a new generation of e-Research initiatives, both in Australia and internationally, that have the potential to transform university research. The Report clarifies that the differences between the emerging e-Research environment and the previous environment create new legal issues. The report also confirms that legal problems that exist with current research practices will become more prominent in the new environment.

If e-Research is to fulfil its true potential, researchers must be satisfied that the benefits of involvement outweigh any associated risks. A prime area of risk involves legal issues that escalate into disputes that involve lengthy and costly resolution. Minimisation of this risk is only possible after identification of the potential legal problems that might arise within the e-Research environment.

The legal problems arise mainly because e-Research facilitates new forms of remote research collaboration across institutions, across national borders and across academic disciplines. Importantly, the new forms of collaboration can involve researchers with no established legal or research relationships. Where people with no established relationships interact in important activities there is a potential for legal disputes. The potential for legal disputes is greater where the applicable law is ambiguous or unclear.

CR6 identified legal problems in three main areas:

• Intellectual property law;
• Privacy and freedom of information; and
• Information security law.

The selection of these three areas was made after an initial survey of all potential legal issues that could be relevant. But it should not be taken to mean that the new e-Research environment does not give rise to potential problems in areas of the law that are not covered by the report. The authors, however, are satisfied that, by concentrating on these three areas, we have identified the most important issues that are likely to arise in practice.

As our research progressed, we formed the view that it was essential to obtain feedback on our work from researchers that are involved with the DART project. The DART project is so ambitious and complex that it is impossible for us to be familiar with all aspects of the project. Moreover, DART is very much a ‘work in progress’, with important aspects of the project being developed and updated as we are writing. We sought feedback on our research to 23 January 2007 which is the currency date for this Report. The feedback we received did not require us to make any significant changes to the Interim Report.