Use of a scientist's research data by PhD student

Copy right is retained by the author or institute ?

For the researcher seeking to use another’s data, the researcher gives permission to reuse the data. It provides the legal basis for data reuse.  In the absence of clear permission, mapping how intellectual property law does and does not, apply to research data may be of use.

Copyright grants the author(s) of an original work the exclusive rights to reproduce the work, to publicly distribute copies, to publicly display, publicly perform, or otherwise communicate the work to the public, and to make adaptations of the work. In an academic context, copyright law facilitates the recognition of commercial exploitation of academic works, illegal duplication, and unethical research practices.

There are three kinds of remedies against infringement of copyright, namely: Civil remedies, Criminal remedies, Administrative remedies.

Regards

Thank you Sir. The copy right is held by the Institute. It is a government of India Organization. 

Admittedly, the copy right belongs to the Institute. If so, the Institute itself would have laid down the norms to deal with such situations.

Dear Piyush,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is that such use is permitted and excluded from any copyright infringement.

The laws regarding copyrights in India are governed by the Copyright Act of 1957. The same act defines a copyright as the exclusive right to do or authorise to do any act such as reproducing, copying, performing, translating, adapting, etc., of any literary, dramatic, musical, or artistic work, and could even include a computer programme. The first owner of the copyright of a work shall be the author of the work, as per section 17 of the act. The definition of author for various kinds of works is also given in section 2(d) of the same act.

Chapter XI of the Copyright Act deals with the infringement of copyrights. Section 52 under this chapter specifies certain acts which shall not constitute an infringement of the copyright of a work. The following are certain acts considered as fair dealing with any work, as per section 17(a):

1. Private or personal use, including research;

2. Criticism or review, whether of that work or of any other work;

3. The reporting of current events and current affairs, including the reporting of a lecture delivered in public.

As evident, research comes under “fair use” of a work, and therefore shall not constitute an infringement of the copyright.

Also, as per section 17(a) of the Copyright Act of 1957, if a work is produced during the course of employment in a publishing company of any kind, and was produced for the purposes of the company, this company shall be the first owner of the copyright of this work, unless an agreement exists between the parties stating otherwise.

Therefore, unless an agreement exists between the researcher and the institute they are working for that allows the researcher to be the first owner of the copyright of their work, the institute shall be the first owner of the copyright. And since research comes under “fair use”, it cannot constitute an infringement of copyright.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil