Tag Archives: volunteered geographical information

Citizen Science and Intellectual Property: A Guide for the Perplexed

citizen science image

Citizen scientists help researchers transcribe historical climate records and photograph natural phenomena.

By Naomi Bloch

The concept of the science hobbyist —­ the backyard astronomer staring up at the sky or the amateur ornithologist taking part in the annual Christmas bird count — is hardly a new one. What is notable today, however, is the scale and scope of new collaborations between research institutions and volunteer citizen scientists. These kinds of citizen science partnerships have inspired a new study by Geothink co-applicant Teresa Scassa and doctoral candidate Haewon Chung, called “Managing Intellectual Property Rights in Citizen Science: A Guide for Researchers and Citizen Scientists.”

Chung, now a Geothink Ph.D. student researcher at the University of Ottawa’s Faculty of Law, is interested in intellectual property (IP) law with a particular focus on digital ethics. Scassa is a Canada Research Chair in Information Law at the University of Ottawa. The two researchers will participate in a panel discussion and launch of their new work at the Wilson Center Commons Lab, in Washington, D.C., on December 10.

Teresa Scassa head shot

Teresa Scassa, Canada Research Chair in Information Law at the University of Ottawa

“Part of the point of the guide is to encourage people to take a proactive approach and think about what they want to get out of the citizen science project, and what they need to get out of the citizen science project,” Scassa said. “For example, if you need to publish your research results, or if you need to keep your data confidential because you’ve got private sector funding that requires that, how do you structure the IP side of things so that you can do that?”

Citizen science, broadly construed, involves the participation of non-professional scientists in scientific data gathering and the production of new scientific knowledge. In the realm of Geothink, this generally takes place in the context of volunteered geographic information (VGI) and contributions to geographic knowledge. Some projects may involve volunteers helping with laborious tasks such as transcribing historical climate data. In other cases, participants may be sharing geocoded photos or video footage, recording audio, or producing text narratives. In countries like the U.S. and Canada, such original, creative efforts are inherently protected by copyright law — something participants themselves may not even realize.

Do you copy?

The 80-page report is divided into three parts, beginning with a concise review of relevant areas of intellectual property law including copyright, patent, trademark and trade secret law, as well as specific considerations involved in the protection of traditional knowledge. Though copyright law differs around the world, essentially copyright grants certain exclusive rights to the authors of creative works. These rights usually include the right to control how work is distributed, reproduced, and re-used. “It’s also significant because it arises inadvertently,” said Scassa.

Unlike other types of intellectual property such as patents, in many countries the creator is automatically granted copyright protections without taking any specific legal actions. “There are going to be copyright issues with respect to any website that’s created, and with respect to many different types of contributions that users might make, whether they’re text-based or photographs or video clips or whatever they might be,” Scassa said. “There are copyright issues with respect to compilations of data. And then, of course, those copyright issues are relevant if, for example, the researcher decides to publish in a closed access journal and the participants want access to those research results, and all these sorts of things.”

When institutional researchers initiate citizen science projects, there are commonly expectations regarding eventual publication of findings, data sharing, posting information online, as well as educational and civic aims. “Depending on the nature of the project, the users may expect to have total access to the research results — to any publications, but maybe also to all of the data that’s been gathered,” said Scassa. “So we encourage the researchers who are creating citizen science research projects to think about what the user community may be expecting from them in terms of the project design.”

Ethics and law in the balance

In the second section of the study, the authors explore some of the ethical issues that arise in light of IP law. This includes everything from appropriate attribution to uses of participants’ contributions as well as research output. “If you’re going to be collecting stories or traditional knowledge from a community, for example, then that’s going to result in some intellectual property,” Scassa said. “And the ethical requirements may be different from the bare legal requirements. Part of it is being aware of what the legal defaults are and how those might need to be altered in the context of the relationship that you have with your participants.”

Scassa notes that researchers’ relationship with citizen scientists is generally one among many. “Researchers at universities have a complex web of relationships,” Scassa said. “Their universities have IP policies; those IP policies might provide that all IP stemming from this research may belong to the university and not the researcher, so they may not be able to promise certain things in their projects. Their funders may have expectations, and their publishers may have expectations. They may also have expectations in terms of the ability, perhaps, at some point in the future to patent some of their research. So they have this complex web of relationships and their relationship with citizen scientists is one of those relationships. We encourage them to think about this web of relationships and these expectations and try and design accordingly.”

To help with this process, the third section of the study guides readers through the various types of licensing options that can be applied. The authors provide diverse examples from real-world citizen science projects both local and global, and a toolset to help project designers as well as participants understand their options. “We don’t want to create barriers,” Scassa said. “It’s a really complex area. We’re trying to make it as accessible and as useful as possible, just to try to get people thinking about these ideas.”

The Wilson Center panel discussion, “Legal Issues and Intellectual Property Rights in Citizen Science,” takes place at the Wilson Center Commons Lab, Washington, D.C., Wednesday, Dec. 10, 11am –12:30pm ET. There will be a live webcast of the event.

Interested in learning more about intellectual property law and citizen science? Reach out to Teresa Scassa on Twitter: @TeresaScassa.

If you have thoughts or questions about this article, get in touch with Naomi Bloch, Geothink’s digital journalist, at naomi.bloch2@gmail.com.

Crosspost: Being Philosophical About Crowdsourced Geographic Information

This Geo: Geography and Environment blog post is cross-posted with permission from the authors, Renée Sieber (McGill University, Canada) and Muki Haklay (University College London, UK).
By Renée Sieber and Muki Haklay

Our recent paper, The epistemology(s) of volunteered geographic information: a critique, started from a discussion we had about changes within the geographic information science (GIScience) research communities over the past two decades. We’ve both been working in the area of participatory geographic information systems (GIS) and critical studies of geographic information science (GIScience) since the late 1990s, where we engaged with people from all walks of life with the information that is available in GIS. Many times we’d work together with people to create new geographic information and maps. Our goal was to help reflect their point of view of the world and their knowledge about local conditions, not always aim for universal rules and principles. For example, the image below is from a discussion with the community in Hackney Wick, London, where individuals collaborated to ensure the information to be captured represented their views on the area and its future, in light of the Olympic works that happened on their doorstep. The GIScience research community, by contrast, emphasizes quantitative modelling and universal rules about geographic information (exemplified by frequent mentioning of Tobler’s first law of Geography). The GIScience research community was not especially welcoming of qualitative, participatory mapping efforts, leaving these efforts mostly in the margins of the discipline.

Photo of 2007 participatory mapping contributors working together in Hackney Wick, London, 2007

Participatory Mapping in Hackney Wick, London, 2007

Around 2005, researchers in GIScience started to notice that when people used their Global Positioning System (GPS) devices to record where they took pictures or used online mapping apps to make their own maps, they were generating a new kind of geographic information. Once projects like OpenStreetMap and other user-generated geographic information came to the scene, the early hostility evaporated and volunteered geographic information (VGI) or crowdsourced geographic information was embraced as a valid, valuable and useful source of information for GIScience research. More importantly, VGI became an acceptable research subject, with subjects like how to assess quality and what motivates people to contribute.

This about-face was puzzling and we felt that it justified an investigation of the concepts and ideas that allowed that to happen. Why did VGI become part of the “truth” in GIScience? In philosophical language, the questions ‘where does knowledge come from? how was it created? What is the meaning and truth of knowledge?’ is known as epistemology and our paper evolved into an exploration of the epistemology, or more accurately the multiple epistemologies, which are inherent in VGI. It’s easy to make the case that VGI is a new way of knowing the world, with (1) its potential to disrupt existing practices (e.g. the way OpenStreetMap provide alternative to official maps as shown in the image below) and (2) the way VGI both constrains contributions (e.g., 140 chars) and opens contributions (e.g., with its ease of user interface; with its multimedia offerings). VGI affords a new epistemology, a new way of knowing geography, of knowing place. Rather than observing a way of knowing, we were interested in what researchers thought was the epistemology of VGI. They were building it in real-time and attempting to ensure it conformed to existing ways of knowing. An analog would be: instead of knowing a religion from the inside, you construct your conception of it, with your own assumptions and biases, while you are on the outside. We argue that construction was occurring with VGI.

OpenStreetMap mapping party (Nono Fotos)

OpenStreetMap mapping party (Nono Fotos)

We likewise were interested in the way that long-standing critics of mapping technologies would respond to new sources of data and new platforms for that data. Criticism tends to be grounded in the structuralist works of Michel Foucault on power and how it is influenced by wider societal structures. Critics extended traditional notions of volunteerism and empowerment to VGI, without necessarily examining whether or not these were applicable to the new ‘ecosystem’ of geospatial apps companies, code and data. We also were curious why the critiques focussed on the software platforms used to generate the data (e.g., Twitter) instead of the data themselves (tweets). It was as if the platforms used to create and share VGI are embedded in various socio-political and economic configurations. However, the data were innocent of association with the assemblages. Lastly, we saw an unconscious shift in the Critical GIS/GIScience field from the collective to the personal. Historically, in the wider field of human geography, when we thought of civil society mapping together by using technology, we looked at collective activities like counter-mapping (e.g., a community fights an extension to airport runway by conducting a spatial analysis to demonstrate the adverse impacts of noise or pollution to the surrounding geography). We believe the shift occurred because Critical GIS scholars were never comfortable with community and consensus-based action in the first place. In hindsight, it probably is easier to critique the (individual) emancipatory potential as opposed to the (collective) empowerment potential of the technology. Moreover, Critical GIS researchers have shifted their attention away from geographic information systems towards the software stack of geospatial software and geosocial media, which raises question about what is considered under this term. For all of these reasons and more we decided to investigate the “world building” from both the instrumentalist scientists and from their critics.

We do use some philosophical framing—Borgmann has a great idea called the device paradigm—to analyse what is happening, and we hope that the paper will contribute to the debate in the critical studies of geographical information beyond the confines of GIScience to human geography more broadly.

About the authors: Renée E. Sieber is an Associate Professor in the Department of Geography and the School of Environment at McGill University. Muki Haklay is Professor of Geographical Information Science in the Department of Civil, Environmental and Geomatic Engineering at University College London.