Licensing

Reuse licences

When publishing research data, researchers must consider how the data can and should be reused by other researchers. These are also known as re-use licences. Researchers should specify intended uses by licensing the data according to their level of detail, sensitivity and confidentiality, and in line with the information provided to the participants. Data collections can be made available broadly under two types of reuse licenses: open and bespoke licences.

These re-use licences establish who can use the data and how the data can be reused, including conditions on future redistribution and adaptation of content.

An Open Licence allows anyone to freely access, modify, and share the data, usually requiring minimal conditions, such as attribution to the original creator. The most widely used open licenses framework is the Creative Common Licence. (CC) licenses allow creators to easily communicate the rights, that they wish to keep, and the rights, which they wish to waive for reuse of their intellectual Creative Commons (CC) licences allow creators to easily communicate the rights they wish to keep, and the rights they wish to waive.

Various CC licences exist:

• Attribution CC BY
• Attribution-ShareAlike CC BY-SA
• Attribution-No Derivatives CC BY-ND
• Attribution-NonCommercial CC BY-NC

The table below outlines commonly used data licenses, summarising their key features and indicating the types of reuse each license permits.

CESSDA Data Management Expert Guide

Choose a Licence may be useful in helping you choose an appropriate license for your data.

While Creative Commons licences are applicable for a wider range of creative works, other licences may be more appropriate, such as the Open Data Commons Licence for databases or structured data.

In the UK the Open Government Licence (OGL) is used for Crown copyright works published by the UK Government and other public sector bodies alongside the Open Parliament Licence (OPL) which applies specifically to UK Parliamentary content, allowing reuse with attribution. Where data is derived from Crown material joint Crown copyright will apply and researchers should provide appropriate attribution to the original work(s) used.

“Where data cannot be made available fully open, either due to residual risk of disclosure, agreements reached with participants or sensitivity concerns, commercially or otherwise, bespoke reuse licences can be used to ensure that data are used and handled ethically and responsibly.
These licences often include specific terms such as limiting access to certain user groups, prohibiting redistribution or further sharing of the data without explicit permission, restricting commercial use and mandating data destruction after project completion. The UK Data Service End User Licence Agreement is one example of a bespoke reuse licence. Responsible repositories and data archives will make use of these agreements to safeguard data, ensure ethical use, and uphold participant confidentiality throughout the research lifecycle. Where more sensitive data are shared, additional agreements might apply, and where confidential and/or personal data are shared a Data Sharing Agreement might also be required. All these agreements are legally binding and ensure that data are used legally and ethically therefore whether researchers are accessing and using existing data, or collecting data from human participants and planning to share it, understanding and applying appropriate reuse licences is a key consideration.

Deposit licences

Data made accessible through trustworthy repositories and data archives may be possible under a licensing framework. In addition to the re-use licence, which governs how others may access and use the data, a deposit licence agreement applies when a researcher deposits their collection in a repository. A deposit licence agreement establishes the responsibilities of both the depositor/data owner and those of the repository.

Usually a deposit licence agreement grants the repository non-exclusive rights to store, preserve, and distribute the data collection in line with the reuse licence and any agreed restrictions and it may include conditions on format, metadata requirements, and retention or withdrawal procedures. From the depositor’s perspective, signing a deposit licence typically involves confirming that they are the copyright holder of the data or are otherwise authorised to deposit it. Depositors are also responsible for ensuring that all third-party rights have been cleared and that data sharing complies with ethical and legal obligations, including participant consent.

For researchers collecting and sharing primary data, understanding the terms of the deposit licence is essential. It ensures that data are deposited in a way that enables safe, legal reuse while respecting participant consent and ethical commitments.

At UK Data Service a standard deposit licence agreement is used, except for some organisation where a department wide Concordat is in place allowing the storing, dissemination and preservation of the data via the UK Data Service.