[cc-licenses] Catalogue right to CC 4.0

Sarah Pearson sarah at creativecommons.org
Fri Feb 17 14:50:14 EST 2012


Thanks very much, Kaisa. I have added this issue to the 4.0 wiki
here<http://wiki.creativecommons.org/4.0/License_subject_matter#Considerations_regarding_scope_of_license.3B_other_copyright-like_rights>.


As John mentioned in a previous post, trying to craft the license in a way
that accounts for all of these types of rights is going to be tricky. We
encourage as many people as possible to bring up other
similar/corresponding rights we should take into account. Please add them
to the wiki:
http://wiki.creativecommons.org/4.0/License_subject_matter#Considerations_regarding_scope_of_license.3B_other_copyright-like_rights

best,
Sarah

2012/2/17 Mäkinen Kaisa <Kaisa.Makinen at hel.fi>

> Dear Aurelia,****
>
> ** **
>
> The Finnish Copyright Act, Section 49 prescribes that (unofficial English
> translation, available at www.finlex.fi):****
>
> ** **
>
> (1) A person who has made****
>
> 1. a catalogue, a table, a program or any other product in which a large
> number of****
>
> information items are compiled, or****
>
> 2. a database the obtaining, verification or presentation of which has
> required****
>
> substantial investment,****
>
> shall have the exclusive right to control the whole or, in qualitative or
> quantitative terms, a****
>
> substantial part thereof, by making copies of it and by making it
> available to the public.****
>
> ** **
>
> Section (1)1. prescribes the catalogue right and (1)2. the database sui
> generis right (as written in the EU directive). As you can see, these two
> rights are combined under the same section. The rights they confer to the
> rightholder are the same. Both provide protection for a work that is not a
> copyrighted work but is a collection of a large amount of information, in
> digital or other form. Essential in these both rights is that the
> protection is given due to the investments (financial or other) made by the
> maker of the catalogue or database. This was also the main reason for
> adopting the EU database directive. My understanding is, that in most
> cases, a work described in the Section 49 can have both a catalogue right
> protection and a sui generis database right protection at the same time. In
> practice, this is not a problem because the rights given to the rightholder
> are the same in both cases. There can, however, exist cases where a
> collection of information cannot get sui generis database protection but
> may have catalogue right protection. For example databases whose content is
> collected from automated measurement or imaging instruments do not have sui
> generis database rights but may, instead, have a catalogue right protection.
> ****
>
> ** **
>
> Perhaps someone with more scientific approach to law can give a more
> detailed explanation. I would also be interested to hear opinions of
> colleagues from other Nordic Coutries.****
>
> ** **
>
> Best, Kaisa****
>
> ** **
>
> ** **
>
> ** **
>
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