9.1. Solutions to Scenarios
Scenario 1. Interviews with stay-at-home parents
Solution: In this case, the stay-at-home parents hold copyright in their own recorded words, whilst the researcher holds copyright over the transcribed interviews. Quoting large extracts of the data, either in publications or by archiving the transcripts, would breach the copyright of the interviewees in their recorded words. If the researcher wants to publish large extracts of data, or archive the transcripts, they need to request permission to do so from the interviewees or request that the interviewee transfers the copyright of the interview content to the researcher, which could be achieved through the use of an assignment (Recording Agreement).
Scenario 2. Transcription from a printed work into a spreadsheet
Solution: Technically, the researcher should have cleared copyright before transcription. If the work is for personal use only, this can be disregarded as fair dealing. If the newly constructed dataset is to be archived and disseminated, copyright clearance must be gained from the copyright holder.
Scenario 3. Data in the public domain
Solution: Even though the articles are publicly available, they are still under copyright. Whilst such information can be used for personal research purposes (e.g. in the UK this could fall under the broad exemption of ‘fair dealing’), the articles cannot be archived, unless permission is obtained from the newspapers; otherwise this would breach copyright.
Scenario 4. Archived data
Solution: Although the ISSP data are available for free to all researchers, this does not mean that the data can be published in another archive and made available to others. The data can be incorporated into a database and used for personal analysis. But, before this dataset can be deposited with another archive, permission must be sought from the owner of the original data.
Scenario 5. Media database
Solution: Researchers cannot share either of these data sources as they do not have copyright in the original material. A data centre cannot accept these data as to do so would be a breach of copyright. The rights holders, in this case The Guardian and LexisNexis, would need to provide consent for archiving.
Scenario 6. Data obtained from a data centre
Solution: There is joint copyright over the processed data, shared between the researcher and the Crown, the latter holding copyright over the NDNS data. The researcher must declare this joint copyright for the modelling data and requires no further permission from the Crown.
The End User Licence, which the researcher signed when obtaining the NDNS data from the UK Data Archive, specifically states: ‘offer for deposit any new data collections derived from the data supplied or created by the combination of the data supplied with other data’. Thus, the UK Data Archive can archive the processed data with a joint copyright declaration; another data centre or repository might not be able to do this.
Scenario 7. Survey questions
Solution: The survey questions and instruments will be copyright protected, with copyright residing with the organization who commissioned, designed or conducted the survey (unless the original creator/owner transfers all ownership rights). The researcher needs to contact the copyright holder directly for permission to reproduce the questionnaire text for any new use. Some questionnaires will contain measurement scales, batteries of questions or classifications. These instruments are again copyrighted. Therefore, to reproduce them the researcher will need permission. In many cases, the copyright statement relating to these instruments is printed on the relevant page of the questionnaire.
Scenario 8. Third party and licensed data
Solution: While the database contains no original third party data, only derived data, there is still joint copyright shared between the SEI and the various copyright holders of the third party data. The researchers have sought permission from all data owners to distribute the data and the copyright of all third party data is declared in the documentation. The database can therefore be distributed.