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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.
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.
The possibilities of re-use and archiving of spoken and written corpora are affected by personality rights (depending on legal tradition also called: the right of publicity), copyright law and data protection / privacy laws. These recommendations include information about legal aspects which should be considered while creating corpora to ensure the greatest archivability and re-usability possible in compliance with current laws.
The information compiled here shall serve researchers who plan to create corpora or who are involved in evaluation of such measures as a guideline. This information is not exhaustive or to be considered as legal advice. Researchers should consult institutional legal departments and management before making legally relevant decisions. That said, further legal expertise should be sought if possible as early as project planning phases.