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

[Tom Hughes]

The primary database and one of the mirrors are already
in the EU and have been for several years.

There are currently two other mirrors both of which
are in the UK.

Tom

On 13/12/2020 09:21, Edward Bainton wrote:
> 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 
> <mailto: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
>     <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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-- 
Tom Hughes (tom at compton.nu)
http://compton.nu/