[OSM-legal-talk] Database Law / extracting non-significant amounts of data, and ODL

[Richard Fairhurst]

Frederik Ramm wrote:

> So as long as I extract non-significant amounts, the data would
> essentially be PD?

You could use it as such, yes.

ODC-Database expressly says that it considers a "Derivative Database"  
to comprise a "_Substantial_ part of the Data" (my emphasis). That's  
whether it's applied via contract, database right or copyright. That  
much is unambiguous.

But you couldn't, of course, recombine it with a large number of other  
insubstantial extracts, because then you have made a Substantial  
extract.

On what's substantial and what isn't, for an evaluation under EU  
database right, see Charlotte Waelde's oft-cited paper  
(http://edina.ac.uk/projects/grade/gradeDigitalRightsIssues.pdf) on  
pp28-32. Especially the top of page 32:

"The Directive provides that a lawful user of a database has the right  
to extract and/or re-utilise an insubstantial part of the contents.  
This is subject to the proviso that any acts by the lawful user must  
not conflict with the normal exploitation of the database or  
unreasonably prejudice the legitimate interests of the maker of the  
database. Any contractual provision seeking to override this measure  
is null and void."

Which I think is what I said above, and what ODC-Database reflects.

Dr Waelde also notes that under EU database right it's not just a  
matter of percentage, but also of a "qualitative analysis". To me it  
appears clear that a single street name isn't substantial, the whole  
of Cambridge is. We could spend hours discussing this but I suspect it  
comes down to "don't take the piss".

cheers
Richard