Abertura e compartilhamento de dados de pesquisa subjacentes a artigos científicos: questões do direito autoral

Abstract

The main objective of this thesis is to analyze the implications of copyright applicable to research data, observing the process of publication and openness of research data underlying scientific journal articles, particularly those in the health field. Initially, we explored the theme of open science, highlighting its links with the movement for open access to scientific information and the movement of opening research data, highlighting the different developments in central and developing countries, especially those in Latin America. To this end, we conducted a bibliographic search, especially in the PubMed Central repository, a free access archive on the literature of biomedical and biological sciences journals of the NIH National Library of Medicine. Legal books, legal documents on protection of personal data and copyrights of the European Union and the United States, Brazilian laws that regulate copyright and protection of personal data and the Constitution were also consulted. The consultation of this compilation served as the basis for a conceptual study on copyright, which is not exhaustive, in which we deal, among other topics, with the content and object of copyright, its international character, the limitations to these rights, authorship and data ownership, and protection of databases, with special attention to data licensing. It also allowed for considerations about the protection of privacy and confidentiality of human beings involved in research, particularly the sensitive data of the person, more prone to discriminatory or harmful uses. In order to map and analyze the policies for publishing, openness and sharing research data and the regulatory framework on copyright and licensing for reusing data from scientific journals, research data repositories and funding agencies, we developed two surveys, among November 2019 and September 2020. The first consisted of observational, qualitative research on the websites of nine representatives of the science communication process in central countries: the journals Plos Medicine, theBMJ and Nature Medicine; Dryad, Figshare and Zenodo repositories; and agencies National Institutes of Health, Wellcome Trust / Wellcome Open Research and Bill & Melinda Gates Foundation, in which we examine the aforementioned policies and their approaches to copyright. The second was an empirical, qualitative research, carried out in two parts, with two segments of the scientific communication system: scientific editors from Fiocruz, from the hot site SciELO Saúde Pública and UFRJ, which represent one part of the universe of public health journals of national and Latin American origin; and managers of national repositories, from Fiocruz, IBICT, Fapesp Data Meta-harvester, UFPR, UFSC, RNP and the international Dryad repository. The objective was to evaluate the implementation of the open, sharing and availability in open access of research data underlying articles by journals and data repositories, listening and observing how they have been dealing with copyright issues involved. The first part consisted of a self-administered electronic questionnaire sent by email. The second was carried out with videoconference interviews, aiming to deepen the discussion points contained in the electronic questionnaire. The result indicates that the theme of openness data underlying articles and their implications for copyright is not yet treated as a priority, despite the fact that there are ongoing projects to build structures and policies in 11 these institutions. It is concluded that this new frontier of open science presents an advanced stage in terms of its proposition as a theory, with the endorsement of important players of scientific communication, but does not offer, in practice, a universal standard of requirements for its wide operation scale, a reward system that values research data and a regulatory framework that ultimately excludes certain categories of data and scientific information from copyright protection or prohibits the imposition of restrictions on its use.