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Re: Using a CC-3.0-BY file as data file for a GPL program

Olive wrote:
> Arnoud Engelfriet wrote:
> >If the selection of the data that was put in the database involved
> >creative activity by its maker, then yes you need a copyright license.
> >If the database was created by a European company, then you need
> >a license under its database right. (No database rights for US publishers)
> Are you sure of this? European jurisdiction protect database; If a 
> European Company wants tu use a database made by a US publisher; I think 
> it might be forbidden by European law. 

The EU Database rights Directive has a reciprocity provision. 
Until the US introduces sui generis database protection for
European producers, US producers do not get database protection
in Europe.

Article 11, under 1:
The right provided for in Article 7 shall apply to database whose makers
or rightholders are nationals of a Member State or who have their habitual
residence in the territory of the Community.


Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/

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