[cc-licenses] Catalogue right to CC 4.0

John Hendrik Weitzmann jhweitzmann at mx.uni-saarland.de
Thu Feb 16 11:40:50 EST 2012


hi

I don't know that catalogue right but from what Kaisa wrote I assume it 
is a special protection you receive if you compile a catalogue - 
irrespective of whether that is a collection/collective work in the 
copyright sense.

Anyways, what I wanted to clarify is that the database right was in fact 
already included in 3.0, but was then waived further down in the license 
text (instead of licensed). Thus, the possible change in 4.0 would only 
be to license it instead.

It's somewhat irritating to hear that there are actually more of those 
sui-generis rights out there. How to deal with that? To include them all 
by explcitly naming them would mean that the license becomes outdated 
once a new sui-generis right is introduced somewhere around the world. 
To "catch them all" (also in the future) via an abstract definition 
might be tough and raise legal uncertainties.

bad bad bad ...

Best
John


On 15.02.2012 18:19, Aurelia J. Schultz wrote:
> Dear Kaisa,
>
> Thank you for your email. Could you explain more about what the
> catalogue right? What does it cover? And how does it differ from
> database rights?
>
> Best,
> Aurelia
>
> 2012/2/15 Mäkinen Kaisa <Kaisa.Makinen at hel.fi <mailto:Kaisa.Makinen at hel.fi>>
>
>     Hello,
>
>     Having database right included in the future CC 4.0 is a very
>     welcome change, thank you for the CC-community for that. I would,
>     though, very much like to see also the so-called catalogue right
>     included in the CC 4.0.
>
>     The catalogue right exists in the Nordic Countries (Denmark,
>     Finland, Iceland, Norway and Sweden). To my knowledge, it does not
>     exist anywhere else, but I would be interested to know if that is
>     true. The catalogue right is a neighboring right, or sui generis
>     -right, much like the EU database right.  Actually, the Nordic
>     catalogue rights were a sort of model for EU database right. The
>     scopes of these two rights are very similar, and in part,
>     overlapping, so that a work can have both the sui generis database
>     right and the catalogue right protection. Therefore, including the
>     catalogue right in CC 4.0, assuming that the sui generis database
>     right will be included, should be rather easy by, for example,
>     simply linking them to the sui generis right in those jurisdiction
>     where the catalogue right exists.
>
>     Kaisa Mäkinen
>
>     Legal Counsel, LL.M
>
>     Helsinki Region Infoshare (www.hri.fi <http://www.hri.fi>)
>
>
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>
> --
> ------------------------
> Aurelia J. Schultz (Miss), Counsel
> Creative Commons
> +1 650 294 4732 x487
> Skype: aurelia.schultz
>
> Please note: the contents of this email are not intended to be legal
> advice nor should they be relied upon as, or represented to be legal advice.
>
>
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