Ownership of research records

Who owns research data? The US and UK rules, quoted

Updated

Before a lab licenses anything, three parties may have a claim on its records: the funder, the employer and whoever made the database. These are the rules, each in its own words.

Ask about my lab records

Federal money: the recipient holds title, the agency keeps a licence

Under 2 CFR 200.315, title to intangible property acquired under a federal award vests on acquisition in the recipient or subrecipient. The same section reserves for the agency a royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for federal purposes.

Source: 2 CFR 200.315

Inventions follow the Bayh-Dole clause in 37 CFR 401.14: where the contractor keeps title, the government has a paid-up licence, and the agency may require title to be conveyed if the contractor fails to disclose or elect title in time.

Source: 37 CFR 401.14

A federal contract is stricter. FAR 52.227-14 gives the government unlimited rights in data first produced in the performance of the contract, while the contractor may assert copyright in that data only as the clause allows.

Source: FAR 52.227-14

US copyright vests first in the author, but for a work made for hire the employer is treated as the author (17 USC 201). Copyright never extends to an idea, procedure, process or discovery (17 USC 102(b)), so the value a buyer sees in a result is often in the records and the database rather than in any copyright.

Source: 17 USC 201

In the UK an employee's invention made in the course of normal duties belongs to the employer (Patents Act 1977 s39), and an employer is first owner of copyright in work made in the course of employment (CDPA 1988 s11).

Source: Patents Act 1977, section 39

The rest of the law, the database right and UKRI's sharing expectation, is at who owns data from a research project.

Tell us about the lab records you hold

8 of the 15 notebook vendors we read leave ownership with the lab. Tell us where your experiments are kept and we will write back about your records.

The research and its notebooks

What kind of research produced most of the records?

  • Every research data enquiry is read by a person
  • No notebook vendor on the board sees what you send
  • No raw data, protocol or notebook export is asked for here

See what your notebook lets you license

8 of the 15 notebook vendors we read leave ownership with the lab. Tell us where your experiments are kept and we will write back about your records.

Sources

This site's own datasets, every figure quoted from its source and dated:

  1. LabArchives, LabArchives-Standard-Terms-and-Conditions.pdf
  2. LabArchives, LabArchives-Enterprise-Terms&Conditions.pdf
  3. LabArchives, LabArchives-Standard-Terms-of-Use.pdf
  4. LabArchives, Privacy Policy - Dotmatics
  5. SciNote, Terms of Service - SciNote
  6. SciNote, Data Protection, Security & IP in SciNote ELN - SciNote
  7. SciNote, What happens to my data if SciNote goes out of business?
  8. Labfolder, Labfolder by SciSure | Terms of Use - Cloud
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