The Legal Framework for e-Research project emerged from the OAK Law Project when it became clear that there were additional areas of inquiry that needed to be explored. The Legal Framework for e-Research Project focused on the legal management of research data, where research data is increasingly collected, stored, analysed and shared digitally and collaboratively across places, projects and institutions. The project ran from 2007 to the end of 2009 and was led by Professor Brian Fitzgerald and Professor Anne Fitzgerald at the Queensland University of Technology (QUT).
A number of important publications and guides were produced as part of this project, including:
These and other project publications are available under Creative Commons licences and can be accessed from the OAK Law Project website (archived) or from the QUT ePrints Repository.
Legal Strategies for Streamlining Collaboration in an e-Research World is a collection of papers that arose from discussions held at a Roundtable entitled: 'Streamlining Collaboration in an e-Research World' which was convened by the Legal Framework for e-Research Project and held on 12th and 13th of June of 2008 at the Queensland University of Technology.
The Practical Data Management: A Legal and Policy Guide is based on recommendations made in Chapter 10 of the OAK Law Project and Legal Framework for e-Research Project joint report, Building the Infrastructure for Data Access and Reuse in Collaborative Research: An Analysis of the Legal Context (2007). The guide considers, in a practical way, how copyright law, contract, privacy, the law of confidentiality and patent law can apply to datasets and databases. It then explains how research projects and organisations can strategically manage their data within this legal environment through the use of data management policies and principles, data management plans and data management toolkits. Model provisions for a data management plan are provided, as is a model data management toolkit for researchers. Finally, Appendix A to the guide is a sample repository deposit licence for research data that is being included in an open access repository or database.
The Legal Framework for e-Research Project presented a public forum entitled, “Streamlining Collaboration in an e-Research World" on Friday, 13 June 2008 in Brisbane, at the Queensland University of Technology Kelvin Grove campus.
The Project's 2007 survey report entitled Legal and Project Agreement Issues in Collaboration and e-Research: Survey Results showed that many stakeholders in Australia and overseas are interested in understanding ways in which they can better manage negotiation and contracting in the e-Research area.
The Open Access to Knowledge (OAK) Law project hosted an international conference on Wednesday 24 September-Thursday 25 September 2008, with Post-Conference Workshops on Friday 26 September at Stamford Plaza, Brisbane.
The Queensland University of Technology (QUT) along with many other institutions throughout the world has pioneered the establishment of management practices and the necessary infrastructure to promote access and innovation. This landmark conference brought together experts from Australia and around the world to speak on a range of topics such as:
The Legal Framework for e-Research Conference held on Queensland's Gold Coast during 11 and 12 July 2007 was a great success.
Seven international keynote speakers, together with prominent Australian research identities, provided insightful, encouraging and challenging perspectives on the issues to be considered for the development of an effective legal framework that facilitates e-Research.
The slides of many of the presentations are available -
CLICK HERE or the "READ MORE" link below.
The survey we have conducted aimed to identify common legal and project agreement problems encountered in forming research collaborations. The survey data will be used to form strategies to facilitate and streamline the process of collaborative e-Research.
The survey was open to all Australian participants involved in collaborative research but is now closed. The great response to our invitation to participate in this survey is very much appreciated.
We have now conducted an analysis of the survey results and you can VIEW THE REPORT HERE.
Legal Framework for E-Research: Realising the Potential contains papers from the Legal Framework for e-Research Project's International Conference held on 11 and 12 July 2007 in Surfers Paradise, Queensland, Australia.
In April, Professor Fitzgerald submitted four submissions to the National Review of the Innovation System across the various IP:KCE research projects: Review of the National Innovation System; What is Open Access?; Innovation Review Contracts e-Research; and, Submission Innovation Review Copyright.
Download:
Innovation ReviewContractse-research.pdf
Building the Infrastructure for Data Access and Reuse In Collaborative Research: An Analysis of the Legal Context
This Report examines the legal framework within which research data is generated, managed, disseminated and used. It provides an overview of the operation of copyright law, contract and confidentiality laws, as well as a range of legislation - privacy, public records and freedom of information legislation – that is of relevance to research data. The Report considers how these legal rules apply to define rights in research data and regulate the generation, management and sharing of data. The Report also describes and explains current practices and attitudes towards data sharing. A wide array of databases is analysed to ascertain the arrangements currently in place to manage and provide access to research data. Finally, the Report encourages researchers and research organisations to adopt proper management and legal frameworks for research data outputs. It provides practical guidance on the development and implementation of legal frameworks for data management with the objective of ensuring that research data can be accessed and used by other researchers.
The Legal Framework for e-Research project is funded by the Australian Commonwealth Department of Education, Employment and Workplace Relations, under the Research Information Infrastructure Framework for Australian Higher Education, as part of the Commonwealth Government's Backing Australia's Ability - An Innovation Action Plan for the Future (BAA).
