Sustainability of Open Access Services - Phases 1 & 2

Although some services that support Open Access have developed a sustainable business model, many started as projects and continue to run on recurrent project funding or goodwill. If these are critical components of the evolving scholarly communication system the foundation of Open Access is vulnerable. Knowledge Exchange has commissioned this study as part of a larger programme of work to look at the issue of sustaining key services into the long term. This report focuses on phases one and two of the programme. Phase one was a scoping exercise, carried out mainly through a literature review and an extensive stakeholder interview exercise, to describe the services that are currently available or would be valuable in the future. It also investigated what roles stakeholders could play in this future scenario. Phase two was a stakeholder consultation and engagement exercise. The aim was to engage stakeholders with the work programme so that they could contribute their views, get involved with the work and have a voice in the thinking about future scenarios. The key services are presented for three future scenarios: ‘Gold’ Open Access, fully ‘Green’ Open Access and Green’ Open Access supplementing subscription access as ‘Gold’ OA grows. Three strategic areas are identified as having particular potential for future work. These are embedding business development expertise into service development; consideration of how to move money around the system to enable Open Access to be achieved optimally; and governance and coordination of the infrastructural foundation of Open Access. The report concludes with seven recommendations, both high-level and practical, for further work around these strategic areas.

Legal Status of Research Data in the four partner countries

This report compares the legal status of research data in the four KE partner countries. The report also addresses where European copyright and database law poses flaws and obstacles to the access to research data and singles out pre-conditions for openly available data. Background of the study Intellectual property right regulations regarding primary research data are a recurrent topic in the discussion on the improvement of access to research data. In fact in the final report of the High Level Expert Group on Scientific Data ‘Riding the Wave’ creating clarity on this was considered very important in improving awareness for all parties involved. According to the recommendations of the report legal issues should be “worked out so that they encourage, and not impede, global data sharing” http://cordis.europa.eu/fp7/ict/e-infrastructure/docs/hlg-sdi-report.pdf. While open access to research data is a widely recognised goal, achieving it remains a challenge. As European national laws still diverge and sometimes remain unclear it can be difficult for interested parties to fully comprehend in which ways open access to research data can be legally obtained. Based on these discussions the Knowledge Exchange working group on primary research data has commissioned a comparative report on the legal status of research data in the four KE partner countries. The study has been conducted by the Centre for Intellectual Property Law (CIER) at Utrecht University. The report aims at informing Knowledge Exchange and associated stakeholders on the state of the law concerning access to research data in the KE partner countries (Germany, Denmark, the Netherlands, and the United Kingdom) and to give an insight in how these laws work in practice. This is explained in several characteristic situations pertaining to open access to research data. The purpose of the report is to identify flaws and obstacles to the access to research data and to single out pre-conditions for openly available data. This is in view of the current discussions concerning open access to research data, especially those originating from publicly funded research. The report intends to be both a description of the status quo of the legislation and a practical instrument to prepare further activities in raising awareness on the potential benefit of improved access to research data, and developing means to support the improved access for research purposes