Owner of a dataset

Does a dataset have an owner?

A dataset is not a tangible object and thus there is no concept of ownership. One can speak of the right holder of a dataset, but not of ownership. Different types of rights to datasets are possible. A dataset can be protected by a database right, a trade secret or a copyright, depending on the content of the dataset.

If the dataset has taken considerable effort to compile, involves a systematic arrangement of the data and is independently consultable, a database right could have arisen. See the article on database rights [link].

If a dataset contains unique knowledge of a company and is kept secret, there is likely to be a trade secret (the Coca Cola recipe). If a dataset is an elaboration of a literary, scientific or artistic idea and there is creativity on the part of the creator, there could be a copyright. An example would be a table showing the character traits of the characters in a video game.

For a dataset that does not have any of these rights, parties will have to mutually agree on access, use, management and maintenance rights. The obligations back and forth will then be purely contractual in nature and failure to do so will result in a breach of contract.