Ownership, copyright and intellectual property

Legal protocols and University policies around ownership, copyright and intellectual property apply to data that is used and created as part of research at Monash University.

As a researcher, you should clarify ownership of and rights relating to research data before a project starts. Ownership and rights will determine how the data can be managed into the future, so these should be documented early in a project through data management planning.

While many aspects of copyright and IP apply to all Monash University researchers, there are some important differences between research staff and research students. These are highlighted in the sections below.

Australian copyright and research data

Australian copyright law applies to research data that you create or compile, in the same that way that it applies to written works like books, journal articles and reports.

Australian court cases have determined that data is covered by copyright if it has been compiled into a dataset or database, provided with even minimal context and layout by the creator/s, or collected through the expenditure of time or money.

Examples of research data covered by copyright include tables, compilations, datasets, databases, and collections of photographs or multimedia works (sound files or videos).

Monash copyright and IP policies and procedures

All research data created at Monash University is subject to the Intellectual Property Framework.

Where research is conducted within Monash by Monash staff or students, the University’s Statute 11.2 Intellectual Property and Copyright and Intellectual Property Regulations apply. The University Solicitor's Office has created the Explanatory Memorandum for IP Statute and Regulations and should be consulted over IP issues.

If you are a staff member

In general, Monash University owns any copyright in research data originated by academic staff, but assigns that copyright to you as an academic staff member. The University reserves the right to reproduce or disseminate your works for teaching and research purposes on a royalty-free basis, and you have the right to reproduce or disseminate the work as part of your own teaching and research.

Exceptions to the above would be where the University has made a specific contribution to the creation or collection of data, e.g. through funding or facilities, or through the provision of background intellectual property. Software and other research related to patent-worthy discoveries or inventions are examples of IP prescribed by the University Statutes.

You should refer to the Statutes and consult the University Solicitor or Copyright Adviser if required.

If you are a research student

In general, students own the copyright in all materials generated, including the thesis and the research data, except for the following three situations:

• the university has given you a specific contribution of funding/resources/facilities or apparatus AND you make or contribute to a patent worthy discovery or invention
• you have been provided with background intellectual property owned by the university or your supervisor
• if funding for your research is agreed between the university and a third party, and the agreement assigns all or some ownership of the research to someone other than yourself.

At the time of enrolment, you should have discussed copyright and IP issues with your supervisor and completed the Intellectual Property Assignment notification form and if appropriate, a Deed of Assignment of Intellectual Property). You should refer to the Monash Research Graduate School website for further information about these processes and intellectual property.

Contractors

Ownership of copyright material should be covered in the contract for services between Monash University and the contractor. If the contract is not explicit about any requirements for copyright and IP to be assigned to the institution, then the contractor may own the copyright and IP in any data they create or compile.

External parties

Where research is conducted in collaboration with partners outside of Monash University, or for external agencies (e.g. funding bodies), ownership of copyright and IP needs to be explicitly agreed to by the parties.

Ownership of copyright and IP will commonly be outlined in a document such as a funding agreement, contract or a memorandum of understanding. You should be familiar with the requirements of any funding agreements, contracts and partnership arrangements, and consider these during data management planning.

Commercialisation of research data

You should refer to the Statutes and consult with your Faculty Business Development Manager or Industry Engagement and Commercialisation before sharing research data with commercial potential.

Considering commercialisation as part of data management planning will help you to ensure that commercialisation goals can be balanced in the longer term with policy and funding requirements around data sharing (particularly for publicly funded research) and knowledge creation. Commercialisation may require you to limit access to your research data temporarily, but it may be possible to provide open or licensed access at a later date once the commercial value of the data has been assessed.

Use of existing third party research data

The Copyright at Monash website has guidelines on Using Third Party Content. These guidelines apply to research data as well as to other types of materials.

Usage of data from third parties will usually be subject to copyright and/or licensing agreements. Even if research data is freely available for download on the internet, there may be terms and conditions associated with its use.

Some kinds of third party data may also have additional usage restrictions such as ethical requirements around data linkage and the identifiability of human subjects. If your research will involve third party data about human subjects you will need to complete a human ethics application that outlines how you will manage issues of privacy, and to meet any requirements of the data owner.

Contacts

• Copyright Adviser
  Provides guidance on all aspects of copyright and tools (e.g. document templates) to help with seeking permission for use of third party content. Leads the Copyright Information Session for academic and professional staff and the Introduction to Copyright and Intellectual Property exPERT seminars and masterclasses for research students and their supervisors.
• The University Solicitor’s Office
  Provides advice on legal and contractual aspects of research data ownership, copyright and intellectual property e.g. in relation to funding agreements, and other advice as needed.
• Research Office
  Manages the processing of research contracts and funding agreements, and arranges for legal review through Monash University Solicitor’s Office.
• Industry Engagement and Commercialisation (Monash only)
  Assists with identifying, protecting and enhancing intellectual property.
• Data Management Coordinator
  Can provide advice on all aspects of data management, and referrals to other experts at Monash University.

Sources

Practical Data Management: A Legal and Policy Guide (2008) (pdf 436kb)
A useful overview of Australian law and research data management, written by experts from the Legal Framework for e-Research Project and Open Access to Knowledge (OAK) Law Project.

Send an email inquiry to the University's Data Management Coordinator.