openMetadataInitiative
change for "License" and "DataUsageAgreement"
clarification:
- licenses:
- contract that defines usage condition for intellectual property
- license text can include a data usage agreement and copyright information
- can be combined with an externally defined data usage agreement and copyright information
- data usage agreements:
- contract that defines usage condition for non-intellectual property
- in particular used for data originating from living human beings
- can be combined with a license if data collection holds intellectual property and non-intellectual property
- copyright:
- defines copyright holder, year, and notice for intellectual property
- copyright holder: party holding the legal copyright to the intellectual property
- copyright year: year during which the claimed copyright for the intellectual property was first asserted
- copyright notice: notice of statutorily prescribed form that informs users of the underlying claim to copyright ownership for an intellectual property
action points:
- change property in research product versions "license" to "usageCondition"
- types: License, DataUsageAgreement
- can in principle be an array of a license + DUA (but not multiple of one type?)
- introduce new schema for DataUsageAgreement
- full name [1] (string)
- short name [1] (string)
- issuing body [1-N] (linkedCategory: legalPerson)
- jurisdiction [1] (linkedCategory: jurisdiction)
- contactInformation [0-1] (embeddedType: ContactInformation) ???
- template [1] (string; IRI | or WebResource ?)
- language [1-N] (linked type: language)
- modification rights [1] (linked type: ModificiationRights; non-negotiable, modifiable terms, etc)
- source [0-N] (linked type: License, UA, copyright)
- add property rights reservation clause to Copyright schema (string, 0-1)
- optimize property year instruction (Add at least the creation year of the copyright and optionally any year the copyright was modified.) (1-N)
- optimize definitions of License, UsageAgreement, Copyright schemas
@openMetadataInitiative/openminds-developers We should make a decision here and include this change in v5.0.
contact [0-1] (string) should probably be a Person, Consortium or Organization.
The team has agreed to push this issue for v5.0
Note:
- It may be more appropriate to use "UsageAgreement" rather than "DataUsageAgreement", since the latter may not accurately apply to "SoftwareVersion" or "ModelVersion".
- for issuing body, could it be a Consortium or extended to legalPerson?
small update on this one:
I think the copyright needs to also go under usageCondition (because it can define it without the license or the usage agreement); that means RPVs should get:
- property "usageCondition"; 1-N; linkedTypes [Copyright, License, UsageAgreement]
Reducing the semantic name to UsageAgreement is a good idea. It will be useful for "self-made" usage conditions.
The issuing body can only be a legal entity or person. Consortia do not have legal personality (if they appear to have it, they are typically run by a legal entity or person and they are taking on the legal responsibility). This includes EDIC and ERIC which are not consortia in the ordinary sense, but in practice, international organizations under EU law (we need to discuss this part a bit). That means:
- property "issuingBody"; 1-N; linkedTypes [Person; Organization]
@Raphael-Gazzotti @apdavison if you are okay with the suggestions we should update #559 accordingly