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The proposed contribution will shed light on current and future challenges on legal and ethical questions in research data infrastructures. The authors of the proposal will present the work of NFDI’s section on Ethical, Legal and Social Aspects (hereinafter: ELSA), whose aim is to facilitate cross-disciplinary cooperation between the NFDI consortia in the relevant areas of management and re-use of research data.
N-grams are of utmost importance for modern linguistics and language theory. The legal status of n-grams, however, raises many practical questions. Traditionally, text snippets are considered copyrightable if they meet the originality criterion, but no clear indicators as to the minimum length of original snippets exist; moreover, the solutions adopted in some EU Member States (the paper cites German and French law as examples) are considerably different. Furthermore, recent developments in EU law (the CJEU's Pelham decision and the new right of newspaper publishers) also provide interesting arguments in this debate. The proposed paper presents the existing approaches to the legal protection of n-grams and tries to formulate some clear guidelines as to the length of n-grams that can be freely used and shared.
N-grams are of utmost importance for modern linguistics and language technology. The legal status of n-grams, however, raises many practical questions. Traditionally, text snippets are considered copyrightable if they meet the originality criterion, but no clear indicators as to the minimum length of original snippets exist; moreover, the solutions adopted in some EU Member States (the paper cites German and French law as examples) are considerably different. Furthermore, recent developments in EU law (the CJEU's Pelham decision and the new right of press publishers) also provide interesting arguments in this debate. The paper presents the existing approaches to the legal protection of n-grams and tries to formulate some clear guidelines as to the length of n-grams that can be freely used and shared.
Sometimes legal scholars get relevant but baffling questions from laypersons like: “The reference to a work is personal data, so does the GDPR actually require me to anonymise it? Or, as my voice data is personal data, does the GDPR automatically give me access to a speech recognizer using my voice sample? Or, can I say anything about myself without the GDPR requiring the web host to anonymise or remove the post? What can I say about others like politicians? And, what can researchers say about patients in a research report?” Based on these questions, the authors address the interaction of intellectual property and data protection law in the context of data minimisation and attribution rights, access rights, trade secret protection, and freedom of expression.
This paper discusses current trends in DeReKo, the German Reference Corpus, concerning legal issues around the recent German copyright reform with positive implications for corpus building and corpus linguistics in general, recent corpus extensions in the genres of popular magazines, journals, historical texts, and web-based football reports. Besides, DeReKo is finally accessible via the new
corpus research platform KorAP, offering registered users several news features in comparison with its predecessor COSMAS II.
The Leibniz-Institute for the German Language (IDS) was established in Mannheim in 1964. Since then, it has been at the forefront of innovation in German linguistics as a hub for digital language data. This chapter presents various lessons learnt from over five decades of work by the IDS, ranging from the importance of sustainability, through its strong technical base and FAIR principles, to the IDS’ role in national and international cooperation projects and its expertise on legal and ethical issues related to language resources and language technology.
The CLARIN infrastructure as an interoperable language technology platform for SSH and beyond
(2023)
CLARIN is a European Research Infrastructure Consortium developing and providing a federated and interoperable platform to support scientists in the field of the Social Sciences and Humanities in carrying-out language-related research. This contribution provides an overview of the entire infrastructure with a particular focus on tool interoperability, ease of access to research data, tools and services, the importance of sharing knowledge within and across (national) communities, and community building. By taking into account FAIR principles from the very beginning, CLARIN succeeded in becoming a successful example of a research infrastructure that is actively used by its members. The benefits CLARIN members reap from their infrastructure secure a future for their common good that is both sustainable and attractive to partners beyond the original target groups.
The article focuses on determining responsible parties and the division of potential liability arising from sharing language data (LD) containing personal data (PD). A key issue here is to identify who has to make sure and guarantee the GDPR compliance. The authors aim to answer 1) whether an individual researcher is a controller and 2) whether sharing LD results in joint controllership or separate controllership (whether the data's transferee becomes the controller, the joint controller or the processor). The article also analyses the legal relations of parties involved in data sharing and potential liability. The final section outlines data sharing in the CLARIN context. The analysis serves as a preliminary analytical background for redesigning the CLARIN contractual framework for sharing data.
The debate on the use of personal data in language resources usually focuses — and rightfully so — on anonymisation. However, this very same debate usually ends quickly with the conclusion that proper anonymisation would necessarily cause loss of linguistically valuable information. This paper discusses an alternative approach — pseudonymisation. While pseudonymisation does not solve all the problems (inasmuch as pseudonymised data are still to be regarded as personal data and therefore their processing should still comply with the GDPR principles), it does provide a significant relief, especially — but not only — for those who process personal data for research purposes. This paper describes pseudonymisation as a measure to safeguard rights and interests of data subjects under the GDPR (with a special focus on the right to be informed). It also provides a concrete example of pseudonymisation carried out within a research project at the Institute of Information Technology and Communications of the Otto von Guericke University Magdeburg.
Open Science and language data: Expectations vs. reality. The role of research data infrastructures
(2023)
Language data are essential for any scientific endeavor. However, unlike numerical data, language data are often protected by copyright, as they easily meet the threshold of originality. The role of research infrastructures (such CLARIN, DARIAH, and Text+) is to bridge the gap between uses allowed by statutory exceptions and the requirements of Open Science. This is achieved on the one hand by sharing language data produced by research organisations with the widest possible circle of persons, and on the other by mutualizing efforts towards copyright clearance and appropriate licensing of datasets.
Providing online repositories for language resources is one of the main activities of CLARIN centres. The legal framework regarding liability of Service Providers for content uploaded by their users has recently been modified by the new Directive on Copyright in the Digital Single Market. A new category of Service Providers, Online Content-Sharing Service Providers (OCSSPs), was added. It is subject to a complex and strict framework, including the requirement to obtain licenses from rightholders for the hosted content. This paper provides the background and effect of these changes to law and aims to initiate a debate on how CLARIN repositories should navigate this new legal landscape.
Despite being an official language of several countries in Central and Western Europe, German is not formally recognised as the official language of the Federal Republic of Germany. However, in certain situations the use of the German language, including the spelling rules, is subject to state regulation (by acts of Federal Parliament orby administrative decisions). This article presents the content of this regulation, its scope, and the historical context in which it was adopted.
Twitter data is used in a wide variety of research disciplines in Social Sciences and Humanities. Although most Twitter data is publicly available, its re-use and sharing raise many legal questions related to intellectual property and personal data protection. Moreover, the use of Twitter and its content is subject to the Terms of Service, which also regulate re-use and sharing. This extended abstract provides a brief analysis of these issues and introduces the new Academic Research product track, which enables authorized researchers to access Twitter API on a preferential basis.
CoMParS is a resource under construction in the context of the long-term project German Grammar in European Comparison (GDE) at the IDS Mannheim. The principal goal of GDE is to create a novel contrastive grammar of German against the background of other European languages. Alongside German, which is the central focus, the core languages for comparison are English, French, Hungarian and Polish, representing different typological classes. Unlike traditional contrastive grammars available for German, which usually cover language pairs and are based on formal grammatical categories, the new GDE grammar is developed in the spirit of functionalist typology. This implies that, instead of formal criteria, cognitively motivated functional domains in terms of Givón (1984) are used as tertia comparationis. The purpose of CoMParS is to document the empirical basis of the theoretical assumptions of GDE-V and to illustrate the otherwise rather abstract content of grammar books by as many as possible naturally occurring and adequately presented multilingual examples, including information on their use in specific contexts and registers. These examples come from existing parallel corpora, and our presentation will focus on the legal aspects and consequences of this choice of language data.
Ethical issues in Language Resources and Language Technology are often invoked, but rarely discussed. This is at least partly because little work has been done to systematize ethical issues and principles applicable in the fields of Language Resources and Language Technology. This paper provides an overview of ethical issues that arise at different stages of Language Resources and Language Technology development, from the conception phase through the construction phase to the use phase. Based on this overview, the authors propose a tentative taxonomy of ethical issues in Language Resources and Language Technology, built around five principles: Privacy, Property, Equality, Transparency and Freedom. The authors hope that this tentative taxonomy will facilitate ethical assessment of projects in the field of Language Resources and Language Technology, and structure the discussion on ethical issues in this domain, which may eventually lead to the adoption of a universally accepted Code of Ethics of the Language Resources and Language Technology community.
CLARIN contractual framework for sharing language data: the perspective of personal data protection
(2020)
The article analyses the responsibility for ensuring compliance with the General Data Protection Regulation (GDPR) in research settings. As a general rule, organisations are considered the data controller (responsible party for the GDPR compliance). Research constitutes a unique setting influenced by academic freedom. This raises the question of whether academics could be considered the controller as well. However, there are some court cases and policy documents on this issue. It is not settled yet. The analysis serves a preliminary analytical background for redesigning CLARIN contractual framework for sharing data.
This paper addresses long-term archival for large corpora. Three aspects specific to language resources are focused, namely (1) the removal of resources for legal reasons, (2) versioning of (unchanged) objects in constantly growing resources, especially where objects can be part of multiple releases but also part of different collections, and (3) the conversion of data to new formats for digital preservation. It is motivated why language resources may have to be changed, and why formats may need to be converted. As a solution, the use of an intermediate proxy object called a signpost is suggested. The approach will be exemplified with respect to the corpora of the Leibniz Institute for the German Language in Mannheim, namely the German Reference Corpus (DeReKo) and the Archive for Spoken German (AGD).