For individual observations, there is a proprietary period of 1 year during which, subject to the caveat below, the data from an observation will only be made available to the PI of that proposal. After this period, the data are available to the community. The proprietary period starts at the time when the data are made available to the PI of the proposal in a usable form, i.e. suitable calibration and appropriate data processing being available.
The Project Scientist decides about data rights of partly performed observations for which he has requested complete repetitions.
This is modified for proposals, which consist of more than one observation of a single target, e.g. repeated observations for variability studies. For all data, which are delivered within the observing cycle for which OTAC has accepted the proposal, the proprietary period of 1 year starts when the last (part of the) data has been made available to the PI. Data, which are delivered after the end of the observing cycle, for which OTAC has accepted the proposal, are treated like individual observations, i.e. each data set gets (individually) a proprietary period of one year.
The end times of the previous observing cycles are:
No proprietary rights will be allocated by default for data resulting from ``Multi-Year Heritage Programmes'', (Section 5.4) but the Project Scientist can assign data rights to those programmes. Principal Investigators who wish to obtain data rights for ``Multi-Year Heritage Programmes'' have to state the request explicitly in the scientific justification of the proposal.
The PI retains the proprietary rights for the whole dataset in a proposal if no other recommendation was given by the OTAC.
Data taken during a slew of the spacecraft become directly available to the community.
In accordance with ESA's rules concerning information and data, ESA retains the right to use any data obtained by XMM-Newton for instrument evaluation, diagnostic and calibration purposes, while maintaining scientific confidentiality during the proprietary period. ESA also reserves the right to use any data for public relations purposes; in this case if the data are still proprietary, due acknowledgement shall be given to the PI of the proposal.