Exercise 1
Case Study:
Two researchers from Freie Universität Berlin interview 500 people who have experienced discrimination multiple times in their lives. The results of this qualitative study are compiled into a database, which is stored on a university computer.
What do you think? Who owns the research data in this case study, and who owns the database? The researchers, the study participants, Freie Universität Berlin, all of them…?
The answer is by no means trivial, as this case study may involve multiple areas of law, making the legal situation complex. Below is a schematic overview of the possible applicable rights and rights holders:
Source: Ownership of research data, based on Brettschneider, P. (2020), licensed under CC-BY 4.0 International
For the above case study, this means:
- Hardware:
- Ownership of the storage medium/computer/server: Freie Universität Berlin
- Database:
- Rights to the database: Researchers
- Database creator rights: Freie Universität Berlin
- Data – Interview/spoken work: Researchers, possibly joint authorship with interviewees
- If processing personal data: Interviewees (obtain consent)
- Possible usage rights with the employer (see §§ 43, 69b UrhG)
Not every research project is as legally complex. The following article provides guidelines and assistance on what to consider and which legal questions to clarify early on to avoid potential legal disputes and ensure legally secure data.