This blog post is a quick review and notes relating to a research paper called: Open data for electronic modeling: Legal aspects.
It’s part of my new research notebook to help me collect and share notes on research papers and reports.
The paper reviews the legal status of publicly available energy data (and some related datasets) in Europe, with a focus on German law. The paper is intended to help identify some of the legal issues relevant to creation of analytical models to support use of energy data, e.g. for capacity planning.
As background, the paper describes the types of data relevant to building these types of model, the relevant aspects of database and copyright law in the EU and the properties of open licences. This background is used to assess some of the key data assets published in the EU and how they are licensed (or not) for reuse.
The paper concludes that the majority of uses of this data to support energy modelling in the EU, whether for research or other purposes, is likely to be infringing on the rights of the database holders, meaning that users are currently carrying legal risks. The paper notes that in many cases this is likely not the intended outcome.
The paper provides a range of recommendations to address this issue, including the adoption of open licences.
Three reasons to read
Here’s three reasons why you might want to read this paper
- It provides a helpful primer on the range of datasets and data types that are used to develop applications in the energy sector in the EU. Useful if you want to know more about the domain
- The background information on database rights and related IP law is clearly written and a good introduction to the topic
- The paper provides a great case study of how licensing and legal protections applies to data use in a sector. The approach taken could be reused and extended to other areas
Three things I learned
Here’s three things that I learned from reading the paper.
- That a database might be covered by copyright (an “original” database) in addition to database rights. But the authors note this doesn’t apply in the case of a typical energy dataset
- That individual member states might have their own statutory exemptions to the the Database Directive. E.g. in Germany it doesn’t apply to use of data in non-commercial teaching. So there is variation in how it applies.
- The discussion on how the Database Directive relates to statutory obligations to publish data was interesting, but highlights that the situation is unclear.
Thoughts and impressions
Great paper that clearly articulates the legal issues relating to publication and use of data in the energy sector in the EU. It’s easy to extrapolate from this work to other use cases in energy and by extension to other sectors.
The paper concludes with a good set of recommendations: the adoption of open licences, the need to clarify rights around data reuse and the role of data institutions in doing that, and how policy makers can push towards a more open ecosystem.
However there’s a suggestion that funders should just mandate open licences when funding academic research. While this is the general trend I see across research funding, in the context of this article it lacks a bit of nuance. The paper clearly indicates that the current status quo is that data users do not have the rights to apply open licences to the data they are publishing and generating. I think funders also need to engage with other policy makers to ensure that upstream provision of data is aligned with an open research agenda. Otherwise we risk perpetuating an unclear landscape of rights and permissions. The authors do note the need to address wider issues, but I think there’s a potential role of research funders in helping to drive change.
Finally, in their review of open licences, the authors recommend a move towards adoption of CC0 (public domain waivers and marks) and CC-BY 4.0. But they don’t address the fact that upstream licensing might limit the choice of how researchers can licence downstream data.
Specifically, the authors note the use of OpenStreetmap data to provide infrastructure data. However depending on your use, you may need to adopt this licence when republishing data. This can be at odds with a mandate to use other licences or restrictive licences used by other data stewards.