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

[Edward Bainton]

Thank you for the link, now read. All you say on substantial changes makes
sense.

So if we move the database into the EU, are we confident it would be all be
protected under those terms? Does the hiatus from 1 Jan 2021 cause any
difficulties? I'm reading the bit that says protection runs from the date
of completion of the database - which is either already done, or never to
be achieved. Either way I'm struggling to be sure that a database imported
into the EU (perhaps considered complete on the day of import?) would have
the protection.

Or do we need two databases - the UK-based one that is protected under the
legacy agreement (until the UK Parliament decides otherwise, I suppose),
and the new EU one, and the servers work off them in tandem?

On Thu, 10 Dec 2020 at 23:18, Simon Poole <simon at poole.ch> wrote:

> 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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