[OSM-legal-talk] Brexit & EU database rights

[Simon Poole]

To answer the questions caveat there is no relevant court decisions that 
I know of, so this is all likely untested: insubstantial changes to a 
database do not create a new one, but substantial changes do. Where the 
line is drawn, or better where the OSMF draws the line, is currently 
open. See article 10 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31996L0009

Simon

Am 10.12.2020 um 22:11 schrieb Edward Bainton:
> A pleasure meeting you all at LWG this evening.
>
> I saw Brexit in the minutes for September
> "At the end of year we won't be losing database rights immediately."
>
> General guidance I've seen appears to say:
> - database rights accrued before 2021-01-01 persist (as I've seen 
> discussed in minutes)
> - database rights accrued from 2021-01-01 will exist only in the UK 
> (if at all: I can't see any enabling legislation after a quick look, 
> and this may have gone into the Govt's "later" tray - so copyright may 
> be the only protection).
>
> The last point suggests to me that any edits made after 2020-01-01 
> will have less protection than so far has been the case.
>
> Is that your understanding? Or is the database as a whole protected 
> because the architecture has been built, and subsequent edits are 
> protected modifications of an already-protected creation?
>
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