Open Access News

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Monday, June 19, 2006

ALPSP and STM support OA data

The ALPSP and STM have issued a joint statement in support of free online access to scientific data (June 2006). Excerpt:
Publishers recognise that in many disciplines data itself, in various forms, is now a key output of research. Data searching and mining tools permit increasingly sophisticated use of raw data. Of course, journal articles provide one ‘view’ of the significance and interpretation of that data – and conference presentations and informal exchanges may provide other ‘views’ – but data itself is an increasingly important community resource. Science is best advanced by allowing as many scientists as possible to have access to as much prior data as possible; this avoids costly repetition of work, and allows creative new integration and reworking of existing data....

We believe that, as a general principle, data sets, the raw data outputs of research, and sets or sub-sets of that data which are submitted with a paper to a journal, should wherever possible be made freely accessible to other scholars. We believe that the best practice for scholarly journal publishers is to separate supporting data from the article itself, and not to require any transfer of or ownership in such data or data sets as a condition of publication of the article in question. Further, we believe that when articles are published that have associated data files, it would be highly desirable, whenever feasible, to provide free access to that data, immediately or shortly after publication, whether the data is hosted on the publisher’s own site or elsewhere (even when the article itself is published under a business model which does not make it immediately free to all)....

None of this means, however, that databases themselves – collections of data specifically organised and presented, often at considerable cost, for the ease of viewing, retrieval and analysis – do not merit intellectual property protection, under copyright or database protection principles....There is sometimes confusion about whether the use of individual ‘facts’ and data points extracted from a database is permitted under law. Facts themselves are not copyrightable, but only the way in which information is expressed – this is fundamental in copyright law. In the EU, the use of ‘insubstantial’ parts of a database, provided it is not systematic and repeated, does not infringe the database maker’s rights.

Comments. Three quick responses.

  1. First, I commend ALPSP and STM for the primary recommendation in this significant statement. Open access to data is important for all the reasons they cite.
  2. Their call for intellectual property protection for databases is a separable and regrettable part of their statement. The EU has such protection but the US does not. Any argument that such protection is needed to stimulate the production, collection, or dissemination of data is refuted by the vigor of science in the US.
  3. The ALPSP and STM both lobby against policies that would provide OA to research literature, like FRPAA and the draft RCUK policy. I acknowledge that there are many differences between OA to data and OA to peer-reviewed articles interpreting or analyzing data. But ALPSP and STM should acknowledge that there are many similarities, and that most of their arguments for OA data (enhancing research productivity, avoiding costly repetition of research, supporting the creative integration and reworking of research) also apply to OA literature.