[cc-licenses] Ver 3.01 - what about sui generis rights?

Gisle Hannemyr gisle at ifi.uio.no
Fri Oct 12 07:00:31 EDT 2007


Mike Linksvayer wrote:
> http://creativecommons.org/weblog/entry/7718

In addition to the jurisdiction-related problem that Lessig
has raised concerning moral rights, there is a similar problem,
also related to jurisdiction, concerning sui generis database
protection.

In Europe, Directive 96/9/EC of the European Parliament and of the
Council on the legal protection of databases (the so-called
"European Database Directive") created a new basis for the protection
of databases ("sui generis database protection") not previously
recognized under copyright law.

This new situation is not addressed by the "unported" ver. 3.0
license. However, on Aug. 15, 2007 Paul Keller and Catharina Maracke
circulated this very helpful memo that addresses the problem
and suggests a solution for licenses that cover jurisdictions
where databases are afforded sui generis protection:
http://iteamspace.creativecommons.org/wiki/images/b/be/070816database_rights-short.pdf

In case you can't access the memo (it is password protected),
it recommends that for those jurisdictions where there are
sui generis  protection of databases (i.e. those jurisdictions
where the European Database Directive apply) explicit put a waiver
for this protection into the localized license; e.g. by putting
the following text at the end of section 3:

   "Where the licensor is the owner of the sui generis database
    rights under the national law implementing the European Database
    Directive, the licensor will waive this right."

It also suggests that translators include the following clarification
of this waiver in section 4:

  "For the avoidance of doubt: The restrictions mentioned above
   (4(a) and 4(b)) do not apply to those parts of the work considered
   to fall within the definition of a "work" under this license
   exclusively because they meet the criteria of the sui generis
   database right under the national law implementing the European
   Database Directive."

If we now are moving forward to a new version number, shouldn't this
(or similar text) dealing with sui generis database protection be
included in the "unported" license text as well? (With a note
saying that it should not be included for jurisdictions where
sui generis database protection doesn't apply.)

(As a translator, I would prefer to have all the text to be
 translated present in the "unported" license.)
-- 
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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