Re: Copyright on 'non-creative' data?
tom wrote:
> In UE we have a directive on database, and it says that there's not
> copyright on database but there's a new IP right called "sui generis". The
> difference is that it covers less rights than copyright (remember in the
> european version e.g. droit d'auter) and for less time.
The EU database directive does say that databases are protected
by copyright - *if* there's creative expression in the selection
or arrangement of the elements. So my "Top 10 pop songs of 2002"
list is a database protected by copyright.
The sui generis database right is indeed separate. It requires
that there was a substantial investment made to create the
database.
> But take care, 'cause i think that in usa you have a doctrine called
> "sweet of the brow" which says that a non creative work may has copyright
> just for the colletting activity. It'amezing but i red about it. I'm not
> specialized in us law so others may know much more
The 'sweat of the brow' doctrine was rejected in _Feist_, and
this Supreme Court decision also said that collections of facts
must be the result of creative expression. I think this is in
line with the EU database directive.
Right now US producers cannot claim sui generis database rights
in Europe. Their home country does not offer similar protection
for European producers, and that's a requirement of the directive.
Also see
http://www.iusmentis.com/databases/
Arnoud
--
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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