Research Data Management - Questions and Answers
To ask a question email "lylejw AT unimelb.edu.au" or phone x44433.
Q1. Who owns my research data and outputs?
The University has a statute on Intellectual Property which states that "scholarly works" (article, book, musical composition, creative writing or like publication or any digital or electronic version of these but not teaching material) are the property of the author for academic staff and students, but the University has a non-exclusive, royalty-free, worldwide and irrevocable licence to use for educational, teaching and research purposes (unless otherwise negotiated). For students, honorary appointees or visitors everything excluding teaching material is the property of the creator, unless the subject of a specified agreement (eg. agency, granting body, company). In all other circumstances property remains with the University (unless otherwise negotiated).
Effectively, research data created by students, honorary appointees and visitors is owned by the creators (unless subject to agreement), but for academic and general staff it belongs to the University. If research data can be considered a scholarly work (see above) it can be owned by academic staff. In situations where research data is created by combinations of staff and students/honoraries/visitors (joint contributions), the University may have intellectual property rights. These should be determined before creation with the aid of the Head of Department and/or Melbourne Research Office. See Intellectual Propert at Melbourne including some great information about Students and Supervisors
The good news is that students and staff have a right under University policy to share in net revenue from any IP they have helped create and commercialise. And all creators have the 'moral right' to be recognised as the creator.
Q2. When I leave the Uni can I take my research data with me?
The University Policy on the Management of Research Data and Records section 9 states that "In the event of the researcher leaving the University, they may negotiate with the Head of Department to take copies of their research data and records for their own use, but original data and records are to remain in the department. If the researcher moves to another department within the University they may make a request to relocate the original data and records to their new department."
Q3. Do I need to worry about Ethics?
To avoid your data and research coming under ethical review you can avoid the use of human participants, referencing individual subjects (people), identifiers for individuals, and avoid the use of live animals. Where this is not possible data is still exempt from ethics review if freely available in the public domain or pure observation studies of public behaviour. Observational data should be of human action that occurs in a forum open to the general public, non-invasive and requires no interaction with participants. In addition, participants should not be identified by name in observation data. For more information read: