Many repositories are seeing an increase in the use and diversity of licenses and other intellectual property management (IPM) tools applied to externally-created data submissions and software developed by staff. However, adding a license to data files may have unexpected or unintended consequences in the downstream use or redistribution of those data. Who “owns” the intellectual property rights to data collected by university researchers using Federal and State (i.e., public) funding that must be deposited at a Federal repository? What license is appropriate for those data and what — exactly — does that license allow and disallow? What kind of license or other IPM instrument is appropriate for software written by a team of Federal and Cooperative Institute software engineers? Is there a significant difference between Creative Commons, GNU, and other ‘open source licenses’?
We have invited a panel of legal advisors from Federal and other organizations to discuss the implications of these questions for data stewards and the software teams that work collaboratively with those stewards. We may also discuss the latest information about Federal data licenses as it applies to the OPEN Government Data Act of 2019. How to Prepare for this Session: Consider what, if any, licenses, copyright, or other intellectual property rights management you apply or think applies to your work. Also consider Federal requirements such as the OPEN Government Data Act of 2019, Section 508 of the Rehabilitation Act of 1973.
Speakers:
Dr. Robert J. Hanisch is the Director of the Office of Data and Informatics, Material Measurement Laboratory, at the National Institute of Standards and Technology in Gaithersburg, Maryland. He is responsible for improving data management and analysis practices and helping to assure compliance with national directives on open data access. Prior to coming to NIST in 2014, Dr. Hanisch was a Senior Scientist at the Space Telescope Science Institute, Baltimore, Maryland, and was the Director of the US Virtual Astronomical Observatory. For more than twenty-five years Dr. Hanisch led efforts in the astronomy community to improve the accessibility and interoperability of data archives and catalogs.
Henry Wixon is Chief Counsel for the National Institute of Standards and Technology (NIST) of the U.S. Department of Commerce. His office provides programmatic legal guidance to NIST, as well as intellectual property counsel and representation to the Department of Commerce and other Department bureaus. In this role, it interacts with principal developers and users of research, including private and public laboratories, universities, corporations and governments. Responsibilities of Mr. Wixon’s office include review of NIST Cooperative Research and Development Agreements (CRADAs), licenses, Non-Disclosure Agreements (NDAs) and Material Transfer Agreements (MTAs), and the preparation and prosecution of the agency’s patent applications. As Chief Counsel, Mr. Wixon is active in standing Interagency Working Groups on Technology Transfer, on Bayh-Dole, and on Research Misconduct, as well as in the Federal Laboratory Consortium. He is a Certified Licensing Professional and a Past Chair of the Maryland Chapter of the Licensing Executives Society, USA and Canada (LES), and is a member of the Board of Visitors of the College of Computer, Mathematical and Natural Sciences of the University of Maryland, College Park.
Presentations
See attached
View Recording: https://youtu.be/5Ng5FDW1LXk.
Takeaways
