Ccl and database
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This document discusses databases and database rights under Korean copyright law. It defines a database as a collection of information arranged systematically for access and search. Database producers have sui generis rights over reproduction of a substantial part of the database for a specific purpose that conflicts with its normal use. These rights last 5 years but are effectively perpetual. The document examines cases where a database contains copyrighted and non-copyrighted works from different rights holders and different licenses could apply to the database versus its contents. It suggests the Creative Commons licenses or a new "CC+d" license tailored for databases could help manage these rights.
Ccl and database
- 1. CCL
- 2. and
- 3. Database by Jongsoo(Jay) Yoon iwillbe99@gmail.com! twitter @iwillbe99 www.jayyoon.com
- 4. a compilation of factual data with contributors right holder license application (1) no the maker has SGDRs to the database (2) yes a compilation of copyrightable works (all/some) (3) no does the provider have the maker has SGDRs? SGDRs to the or database do the provider and Copyright to and contributors subject matters jointly? to the database same or different licenses to the database and subject matters by the maker (depending on the business strategy) (4) yes does the provider have SGDRs? do the provider and contributors have SGDRs jointly? contributors have the copyright for each work to the database by the maker to the subject matters by each contributor
- 5. Korean Copyright Act in 2003 “Database” : a collection that arranges or composes subject matters systematically so that one can individually access or search such subject matters “Database producers” : the persons who make a substantial investment in human or material resources for production, renewal, verification, or supplementation of a database. “Rights” : to the reproduction, distribution, broadcasting, or interactive transmission of all or a substantial part of the appropriate database “Substantial part” : if such reproduction, etc. is done repetitively or systematically for a specific purpose in such a manner that conflicts with the normal use of the database or unreasonably prejudices the database producer’s interests.
- 6. collection collective works subject matter copyrightable and/or non-copyrightable sui generis database copyrightable and/or non-copyrightable creativity in selection and systematic arrangement of requirement arrangement of subject subject matters for individual matters access and search the creativity of an author qualitatively and/or quantitatively substantial investment rights exclusive rights exclusive rights term 50 years 5 Years, but actually perpetual protection
- 7. key points (1) the producer of database can be a different entity from the copyright holders of the subject matter (2) the subject matters can be either copyrightable or not (3) the license applied to the subject matter does not extend to the database itself.
- 8. Case (1) The Government is trying to allow people to use PSI through the open license A large part of PSI is not copyrightable, so the license of the database is a more important matter. The Government is now considering to make its own license addressing the database right as well as the copyright instead of adopting CCL
- 9. Case (2) A company which runs an archiving site of its own contents is considering adopting CCL to them But it is afraid that the rival company would copy all or the substantial part of the contents and use them for its business Keeping the database right could be an useful way for him to protect his interest
- 10. Case (3) Someone who runs an UGC website is considering adopting CCL as a default copyright policy for the contents users upload. But he is afraid that some companies would copy all or the substantial part of the database and build another similar UGC website easily. So it wants to license the database with the noncommercial use requirement like such as CC-BY-NC
- 11. Case (1) CCL with the waver clause of the database right or CCL with the same license clause for the database right or New license only for the database right Case (2) No additional clause needed Case (3) CCL with the same license clause for the database right or New license only for the database right
- 12. CC+d for the database producer
- 13. Copyright by Jay Yoon Except where otherwise noted http://creativecommons.org/policies#license , content on this work is licensed under a creative commmons attribution Korea 2.0 license (http://creativecommons.org/licenses/by/2.0/kr) . Web page images captured are not this license.