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Description
In the context of a collaboration with a nature NGO, I am trying to figure out the rights an observer has over his/her observations. My assumption is not much.
Here are the rights I think could apply:
- Copyright
- Sui generis database rights (SGDR)
- Privacy rights
- Terms of service between observer and NGO offering platform to record observations
- Data use agreements
Copyright
From Patterson et al. 2014 (p 3):
in no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, or discovery, regardless of the form in which it is described, illustrated or embodied in such work
Observations can be viewed as facts ("this bird was there then") or discoveries, neither of which are protected by copyright.
SGDR
In some European countries (including Belgium) there are sui generis database rights (SGDR). These apply to the database (structure), but not its content. Since we plan to publish the data as Darwin Core Archives (a standard), the SGDR to the original database do not apply.
Privacy rights
A collection of observations can tell you something about the observer, which might be a privacy issue. If we anonymize the observer name, I don't think these rights apply.
Terms of service
Observers record their observations in a platform maintained by the nature NGO. The terms of service of this platform could hold the NGO reliable for unwarranted data use.
Data use agreement
User might have to agree with a data use agreement before they can use the data. This DUA could impose restrictions/obligation to the data user.
Questions
- The observer does not have any rights over his/her observation records if the context described above => observers are not protected. True/false?
- If the data were to be leaked online, the DUA agreement does not apply to users finding the data that way => users are protected. True/false?
- If the data were to be leaked online, the NGO could be held reliable for breaking the terms of service. => observers can hold NGO reliable. True/false?