One of the FAIR principles is that "(meta)data are released with a clear and accessible data
usage license" (R1.1.). To answer my own year-old question in this thread, Harvard Dataverse's Terms of Use states what rights the user gives the repository regarding use of metadata, including the right to "incorporate Metadata or documentation in the Content into public access catalogues." That includes all metadata that Harvard Dataverse exports. We assume this right in the design of Dataverse's APIs and OAI-PMH, which expose user metadata. This feels like effectively, but implicitly, the metadata that any Dataverse repository creates is in the public domain. So I wonder if it would be clearer if in Harvard Dataverse's Terms of Use, it's stated that its metadata has a CC0 waiver. And it should be expressed somewhere explicitly that by default any metadata that Dataverse repositories export have CC0 waivers.
A repository's Terms of Use is human readable (hopefully), but those following the FAIR principles should try to do so in machine readable ways, too, and most (if not all) repository Terms of Use documents are not machine readable, including Harvard Dataverse's, so its not easy for machines to figure out how the metadata can be used.
One way to express the usage rights of metadata in a machine readable way is in the structured metadata document of each dataset. I described how to do this in the version of DDI that Dataverse exports for published datasets. I'm sure it's easy to do in the "Dataverse_json" export. Some of the other metadata standards might not include machine readable ways to distinguish between the usage rights of the metadata and data that it describes.
Or maybe there's a way to include usage rights of the metadata exports in a machine readable document that describes the repository as a whole?
Last, I should say that I don't know of any Dataverse repository that needs to restrict the use of its metadata, and the principles of openness are so baked into its development that I can't see how the issue of metadata usage rights can ever be as contentious as it's been in other efforts to aggregate metadata to improve the discoverability of information.