[OSM-legal-talk] decision removing data

[80n]

On Fri, Aug 13, 2010 at 4:08 PM, Francis Davey <fjmd1a at gmail.com> wrote:

> On 6 August 2010 19:42, 80n <80n80n at gmail.com> wrote:
> >>
> >> >
> >> > What's the criteria in the EU?  Do you know?
> >> >
> >>
> >> "own intellectual creation"
> >>
> >> Article 3(1) of 96/9/EC:
> >>
> >> "1. In accordance with this Directive, databases which, by reason of
> >> the selection or arrangement of their contents, constitute the
> >> author's own intellectual creation shall be protected as such by
> >> copyright. No other criteria shall be applied to determine their
> >> eligibility for that protection."
> >>
> > I was actually asking about the criteria for traditional copyright not
> > database rights.  However the reference above is interesting in that it
>
> That is the criterion for traditional copyright and not database
> rights. The Database Directive actually did two things:
>
> Can you confirm my understanding if this.  Copyright protection is based on
the existence of an author's intellectual creation resulting from selection
or arrangement.  Correct?

Can you give examples to make this clearer?



> (1) it harmonised the threshold criterion for *copyright* in databases
> (see above)
>
> (2) it created a new "database right", the threshold for which you
> will find in article 7(1):
>
> "1. Member States shall provide for a right for the maker of a
> database which shows that there has been qualitatively and/or
> quantitatively a substantial investment in either the obtaining,
> verification or presentation of the contents to prevent extraction
> and/or re-utilization of the whole or of a substantial part, evaluated
> qualitatively and/or quantitatively, of the contents of that
> database."
>
> In other words there has to be "substantial investment" in one of: (i)
> obtaining; (ii) verification or (iii) presentation, where that
> substantial investment could be quantitative or qualitative.
>

 <snip>

>  ... The "Fixtures Marketing" cases being
> particularly relevant:
>
> http://www.out-law.com/page-5055
>
> These cases appear to indicate that, *excluding* the investment in creation
of the content, substantial investment is required to obtain, verify and
present the content, before a database right is earned.

If OSMF were to claim a database right, how would they demonstrate
substantial investment?  It's difficult to see how that could be a financial
investment.  What form could such an investment take?

80n






> --
> Francis Davey
>
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