Further information is available on these particular topics:
Data ownership and control issues can be complex in some circumstances. Duke policy grants ownership of research data and materials to Duke University (Faculty Handbook, sections 18.104.22.168 and Appendix P). However, the principal investigator generally retains the rights and responsibilities over control and licensing of data and related materials.
When data is originally produced, distribution is generally at the discretion of the principal investigator, barring any limits imposed by confidentiality agreements or funding agency restrictions.
When data is compiled from other sources, the rights for use in research projects is limited by the conditions set forth by the authors of this data. The key to archiving is to adequately protect your rights (including the right to share as broadly as you wish and your field expects) without infringement of the rights of others. Federal and government data sources generally impose few conditions; researchers may impose stringent requirements in some cases.
For questions about copyright, licensing, and intellectual property issues Kevin Smith in Duke Libraries' Office of Scholarly Communications is available for consultation.
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