Use means the direct or indirect utilisation of knowledge in research activities or for developing, creating and marketing a product or process or for creating and providing a service.
Dissemination means the disclosure of knowledge by any appropriate means (e.g. publications, conferences, workshops, web-based activities). Each participant shall ensure that the foreground it owns is disseminated as swiftly as possible. However, any dissemination (including publications or release of information on web pages) should be delayed until a decision about its possible protection has been made (through IPR or trade secrets).
Proposals will have to contain a "plan for the use and dissemination of foreground" to show that the knowledge generated will be taken through to application. This plan will be updated as a part of the periodic and final reports to reflect the evolving intentions for the protection, use and dissemination of the knowledge generated under the project.
Any dissemination (including publications on web-pages) should be delayed until a decision about its possible protection has been made (through IPRs or trade secrets).
The other participants may object to the dissemination activity if their legitimate interests, in relation to their foreground or background, could suffer disproportionately great harm. Therefore, no dissemination of foreground may take place before a decision is made regarding its possible protection.
The other participants must be given at least 45 days prior notice in writing of any planned dissemination activity (including new web-pages divulging any results obtained), together with sufficient information about the intended dissemination.
The participants may agree in writing (for example in the consortium agreement) on different time-limits to those set out above, which may include a deadline for determining the appropriate steps to be taken to ensure that for example publications relating to a specific piece of foreground are not postponed or delayed unreasonably.
Under FP7, the Commission only needs to be notified ex-ante of dissemination intentions when the foreground to be disseminated is capable of industrial and commercial application and has not been formally protected. Where this is the case, no dissemination activities can take place before the Commission has been informed, in order to give the Commission an opportunity to protect that foreground on its own behalf.
According to article II.30.4 of the standard model grant agreement, participants must include in all dissemination actions the following statement acknowledging the financial support of the European Union:
The research leading to these results has received funding from the European Union's Seventh Framework Programme (FP7/2007-2013) under grant agreement n° xxxxxx.
In case the dissemination is provided in another language, participants should use the correspondent translated version of the sentence. In annex V of the Guide to Intellectual Property Rules in FP7 projects, you can find the translations of the statement in European Union languages other than English.
Moreover, in case of publicity material participants must in addition display the European emblem and specify that the content “reflects only the author’s views and that the Union is not liable for any use that may be made of the information contained therein” (see article II.12.1 of the standard model grant agreement).
In the EU, websites are works which are usually protected by copyright, provided that they are the result of the creativity of their author(s), that is, that they are original. Copyright protection arises automatically upon the creation of the work, and grants its owner several exclusive rights such as the rights to copy, to distribute, and to communicate the work to the public.
Please note that the individual works which constitute the website’s contents (such as articles, written reports, guides, videos) will also be individually subject to copyright protection, provided that they fulfil the requirement of originality. Databases included in a website can also be subject to copyright protection if they comply with this requirement of originality. Nevertheless, depending on the applicable national law, a database which does not present an original character may still be protected, under a separate protection regime (a sui generis database right).
As long as your website meets the requirements for copyright protection (in particular a requirement of originality), copyright will arise automatically. Therefore, although it is good practice to include a copyright notice on your webpage, the existence of copyright will not depend on this notice. A copyright notice is, however, useful for the purpose of informing website users of the existence of rights over the content (and thus preventing unintentional infringements from occurring); in certain jurisdictions, it will also be useful in court as a means of proof in case of an infringement dispute.
A copyright notice is usually presented as follows: © [name of copyright holder] [year of creation – current year] [with a possible additional mention such as “All rights reserved”].
Please note that an EU-funded project or a consortium does not have legal personality, and therefore cannot as such be legally considered a copyright holder. Therefore, it is advisable to mention the name of the project partner(s) which hold the copyright in the website, rather than the name of the project. However, if many project partners are involved and are all co-owners, an alternative could consist in mentioning “[name of project] partners” as the right holders, in the copyright notice.
The OpenAIRE initiative (Open Access Infrastructure for Research in Europe) aims to support the implementation of the Open Access policies of the European Commission and the European Research Council. The OpenAIRE portal provides extensive information, statistics and explanations about open access in Europe and allows research participants to locate their open access directory, deposit their publications or data therein, and link research results to funding. OpenAIRE also provides an efficient search tool for publications, data, and projects as well as a very thorough support service (FAQs, glossary, tutorials, guides, useful links, and a helpdesk).
You can access the OpenAIRE website here: https://www.openaire.eu/