Funktionen

7.2.5 Licensing of research data

Licences play a pivotal role in enhancing transparency regarding the ways in which copyright-protected materials can be used, fostering clarity and facilitating lawful and collaborative sharing. To enable others to use your copyright-protected material, it's essential to establish clear conditions of use, often through the use of a licensing framework. Without a licence, copyrighted protected material may only be utilised with the explicit permission of the copyright holder. In the fields of biodiversity and environmental science, interdisciplinary collaboration plays a central role, resulting in a multitude of creators or contributors. It's important to ensure the active participation of all creators when licensing copyright protected materials. In case of any uncertainties, do not hesitate to seek guidance from your institution's designated point of contact. In the following, their are some recommendations based on common, internationally approved licences for various data types:
Creative content
Creative Commons licences provide a flexible framework for sharing and using creative work (e.g. text, articles, images, figures; see Figure). Just as the European Commission in its project Horizon 2020, the DFG recommends the use of these licence types. When deciding on a specific licence, the guiding principle is “as open as possible, as restrictive as necessary”. The CC0 licence offers complete freedom, allowing users to use the work without any restrictions, often referred to as "No rights reserved." On the other hand, CC BY permits free use but requires attribution to the original creator, ensuring proper credit for their work. These licences enable a balance between openness and recognition in the sharing of creative content.
The use of further licence modules is not recommended. For example, the Creative Commons (CC) licences with the attribute “ND” (e.g. CC-BY-ND) rule out the distribution of “modified” material. This would make it impossible to make a new database publicly available that was created from parts of other databases [1] [2]. The use of a “NC” licence may seem attractive, because many want to prevent commercial exploitation of their research data. However, the term “commercial” is defined in a very broad sense in the CC licences, resulting in major legal uncertainties about which uses are allowed and which are prohibited. For example, if you are exclusively employed by an exclusively publicly funded institution (third-party funding, even from public sources, is already a grey area), you may use CC BY-NC licensed material. However, if you want to publish research that is based on or involves CC-BY-NC licensed material, you cannot publish in any commercial journal (all publishers are commercial, even if they are not-for-profit). Even publishing that research in a private blog that e.g. uses GoogleAds to cover server costs is prohibited. Even any increase in reputation may be considered commercial - and reputation is a major factor in scientific careers. For details, see [3][4]
The image is an infographic that illustrates a spectrum of copyright licensing, from the most open to the least open. At the top of the spectrum, indicated as "most open," there is a Public Domain (PD) symbol, followed by icons representing different Creative Commons (CC) licenses.
The Public Domain mark (PD) is a circle with a slanted line through it, symbolizing unrestricted use. Below that are the various Creative Commons licenses, each represented by their specific symbols:
CC0 (No copyright restrictions)
CC BY (Attribution required)
CC BY-SA (Attribution required, ShareAlike)
CC BY-NC (Attribution required, Non-commercial)
CC BY-NC-SA (Attribution required, Non-commercial, ShareAlike)
CC BY-ND (Attribution required, No derivatives)
CC BY-NC-ND (Attribution required, Non-commercial, No derivatives)
These licenses are shown in circles with the respective abbreviations and symbols indicating the conditions of use: a person for attribution (BY), a dollar sign for no commercial use (NC), two arrows in a circle for ShareAlike (SA), and an equal sign in a circle for no derivatives (ND).
At the bottom of the spectrum, labeled as "least open," is the traditional copyright symbol, a "C" within a circle, with the words "all rights reserved" next to it, and a bar indicating a gradient from green at the top (most open) to red at the bottom (least open).
The background is divided into sections of light green, cream, and grey, each section darker as the licenses become less open. The graphic serves as a guide to understanding the levels of permissions and restrictions associated with different types of copyright licenses.
Figure 7. Creative Commons License Spectrum
Database material
Database material generally refers to the data and content stored within a database. This can include a wide range of information, such as text, numbers, images, audio files, or any other type of structured or unstructured data from different sources that is organised and stored within a database system. Open Data Commons licences offer an alternative framework for sharing database material. The Public Domain Dedication & License (ODC-PDDL) is similar to CC0, granting complete freedom to use data without any restrictions, essentially declaring it "No rights reserved." For those seeking attribution, the Attribution Licence (ODC-BY) allows free use but requires acknowledgment of the data source. An additional recommendation by the DFG (German Research Foundation) is the use of CC BY 4.0, aligning with the international CC BY framework, which encourages open data sharing with proper attribution. These licences serve to promote transparency and accessibility in data sharing while accommodating different preferences for attribution.
Software 
Software, unlike much other research data, require separate licences that are specifically designed for sharing software. The use of Creative Commons licences is not recommended for this. Various open-source licenses offer different terms for sharing and using software. The General Public License (GNU GPLv3) allows free use while mandating that any reusing or publishing must occur under the same license. It also requires the indication of changes made to the code. The Massachusetts Institute of Technology License (MIT) permits free use, but attribution is necessary. The Mozilla Public License (MPL) goes a step further, necessitating the disclosure of changes to the source code and sharing of a narrower set of code under the same license, with all three licenses emphasizing transparency and proper credit in software sharing.
Raw data and metadata
These data are not typically protected by copyright. By using tools like CC0 and the Public Domain Mark, you not only release these resources for unrestricted use but also underscore the absence of copyright restrictions. This practice serves to emphasise and promote transparency, facilitating the exchange and collaborative use of data and metadata among researchers and the wider community. CC0 is a legal tool that allows creators to waive all copyright and related rights in a work, essentially granting it to the public domain. This means anyone can use the work for any purpose without restrictions. On the other hand, the Public Domain Mark signifies that a work is already in the public domain and free from copyright. While both CC0 and the Public Domain Mark serve the purpose of promoting open access to creative works, CC0 is a proactive choice by creators, whereas the Public Domain Mark is applied to works that have already entered the public domain.
In a scientific context, the combination of data from different sources is a common and important part of research. Making data interoperable is supposed to facilitate re-use and re-combination. However, not all CC licences are compatible (Figure 8). Therefore, it is important to choose an open licence like CC0 or CC BY 4.0.
The image is a grid or table that compares different types of copyright licenses and the permissions they grant. On the left side of the grid are rows with various copyright symbols, each row representing a different type of license:
Public Domain (PD) (three variations of symbols indicating public domain)
Creative Commons Attribution (CC BY)
Creative Commons Attribution ShareAlike (CC BY-SA)
Creative Commons Attribution NonCommercial (CC BY-NC)
Creative Commons Attribution NoDerivatives (CC BY-ND)
Creative Commons Attribution NonCommercial ShareAlike (CC BY-NC-SA)
Creative Commons Attribution NonCommercial NoDerivatives (CC BY-NC-ND)
Across the top of the grid, the same symbols are repeated in columns.
Within the grid, check marks (ticks) and crosses are used to indicate whether a certain type of use is allowed under each license. For example, a check mark in the intersection of a row and column indicates that the license on the left grants the permission of the license at the top of that column, while a cross indicates that it does not grant permission.
The exact permissions and restrictions are not described, but the pattern suggests that more open licenses like Public Domain allow for more types of uses, while more restrictive licenses like Creative Commons Attribution NonCommercial NoDerivatives have more crosses, indicating more restrictions on use. The grid is color-coded in black, white, and shades of green, likely for visual clarity.
Figure 8. CC licence compatibility chart
Figure 8. CC licence compatibility chart by Kennisland, CC0.

[1] HeFDI-Hessische Forschungsdateninfrastrukturen. (2021). Rechtliche Rahmenbedingungen des Forschungsdatenmanagements - Teil 1: Urheber- und Leistungsschutzrechte an Forschungsdaten; Teil 2: Entscheidungsbefugnis über den Umgang mit Forschungsdaten; Teil 3: Nutzungsrechtseinräumung an Forschungsdaten, Teil 7: Veröffentlichung und Lizenzierung von Forschungsdaten, Teil 8: (Nach-)Nutzung fremder Forschungsdaten, Teil 9: Haftungen bei Rechtsverletzungen im Rahmen des
[2] Langner, P., Krippes, C. & Dworschak, N. (2022). Rechtliche Rahmenbedingungen des Forschungsdatenmanagements - Teil 10: Datenschutzrechtliche Vorgaben bei personenbezogenen Daten, Teil 11: Rechtmäßigkeit der Datenverarbeitung personenbezogener Daten, Teil 12: Haftungsfragen bei personenbezogenen Daten. https://www.doi.org/10.5281/ZENODO.6357219 .
[3] Klimpel, P. (2012). Freies Wissen dank Creative-Commons-Lizenzen. Folgen, Risiken und Nebenwirkungen der Bedingung »nicht-kommerziell – NC«.
[4] Kreutzer, T. & Deutsche UNESCO-Kommission (Eds.). (2014). Open Content: a practical guide to using Creative Commons Licences. German Comm. for UNESCO, Bonn.


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