Who owns the data from a research project? Is it the:

• person who collects, creates or generates the data - that is, the researcher?
• chief investigator on a project?
• employer of the researcher, under the terms of the researcher's employment contract?
• funder of the research, under the terms of the funding agreement?
• database owner or provider, if ownership in the data is assigned upon inclusion in the database?

Different rules apply on ownership, depending on whether you are an academic member of staff or a Research Higher Degree student.

Legal protocols apply to data that is used and created as part of research at The University of Queensland. A key document is the Intellectual Property for Staff, Students and Visitors - Policy.

UQ is currently developing a data management policy that will cover many of the issues researchers face, and help researchers comply with the Australian Code for the Responsible Conduct of Research.

Ownership and rights issues for research data should be clarified at the very beginning of a research project, as such issues will affect any future storage, sharing or re-use of the data.

UQ sources of advice

The Research and Innovation Division manages all UQ research contracts and funding agreements. This Division includes Research Legal Services.

The UQ Library maintains a quick guide to many copyright and IP issues, and houses UQ's copyright lawyer.

Ownership of research data depends on a number of factors, for example, on whether :

• you are an academic / research staff member or a student
• the research is conducted in collaboration with other organisations
• the research is funded by a grant-making body, like the ARC or the NHMRC
• the research is carried out on behalf of industry
• the research has commercial potential, for example, for a patent application
• UQ-owned intellectual property has been used during the research.