Skip to Content.
Sympa Menu

cc-europe - Re: [CC-Europe] request for input: database rights in CC v4.0

cc-europe AT lists.ibiblio.org

Subject: Cc-europe mailing list

List archive

Chronological Thread  
  • From: Sarah Pearson <sarah AT creativecommons.org>
  • To: John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>
  • Cc: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] request for input: database rights in CC v4.0
  • Date: Thu, 24 Jan 2013 18:02:04 -0800

No problem, John. When I said copyright or SGDRs triggers ShareAlike, I meant some act that implicates copyright or SGDRs. Apologies, I should not use shorthand when dealing with such complicated concepts. 

Here are examples of how it is intended to work:

- If a licensee in the EU extracts and reuses a substantial portion of the contents of a BY-SA licensed database in her own database in which she has SGDRs, she is required under ShareAlike to license her own SGDRs and her copyright (if any) in the database structure under BY-SA. She is not required to license the contents of her database under BY-SA.

- If a licensee adapts a BY-SA licensed database in a manner that constitutes an adaptation under copyright law, she is required under ShareAlike to license her own copyright in the adaptation under BY-SA (and her own SGDRS, if applicable). In this circumstance, the adaptation to which ShareAlike applies could be the database structure or the database contents or both if she has adapted both, it just depends on what constitutes an adaptation pursuant to applicable copyright law.

[Note that in all cases, the ShareAlike obligation only applies when the adaptation is shared publicly. (as in v.3)]

Sarah

On Thu, Jan 24, 2013 at 1:35 PM, John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de> wrote:
excuse me guys, you lost me here. The notion of rights being the trigger
for something seems odd to me. Usually acts are triggers of things, not
rights. Can you give some "first A happens, which means B" examples of
how it's supposed to work?

thx and sorry for being a bit thick

John


Am 24.01.2013 18:39, schrieb Sarah Pearson:
> Thank you so much for the quick feedback!
>
> To answer your question about the last sentence of the Adapted Material
> definition, it is intended to ensure that ShareAlike does not apply to
> the contents of a database when SGDRs are the trigger for ShareAlike. If
> we do not carve out the database contents from the definition, a
> licensee that uses a substantial portion of contents of the licensed
> database would have to ShareAlike all of the contents of their own
> databases, including, for example, data that would be more appropriately
> released under CC0. The intent is to limit the ShareAlike obligation to
> the licensee's own SGDRs and/or copyright in the database structure.
>
> The complicating factor here is that ShareAlike _does_ extend to
> database contents when copyright is the trigger. We think this is the
> right result because copyright is much less likely to be implicated in
> the database context. Nonetheless, it is a bit confusing.
>
> We are very interested to know if you agree with this policy decision.
> Also, we welcome any ideas to make any of the above more clear in the
> license.
>
> Thanks again,
> Sarah
>
> On Thu, Jan 24, 2013 at 9:07 AM, T. Margoni <t.margoni AT uva.nl
> <mailto:t.margoni AT uva.nl>> wrote:
>
>     Dear Sarah and all,
>
>     Thanks for the preview. We have checked it with Lucie and it seems a
>     very nice and clear document.
>
>     We just have a couple of observation/clarification.
>
>     1) Pag. 4 first section, definition of Adapted Material.
>     We have some doubts regarding the meaning of the last sentece: "...
>     provided however, that the contents of the database in which you have
>     sgdr are not considered to be adapted material for purposes of this
>     section ()(2)". Could you please clarify?
>
>     2) Regarding point 3) Issue for feedback: consider that substantiality
>     is evaluated quantitatively or qualitatively, if you reproduce a small
>     database, as long as the reproduced part is substantial quantity or
>     quality wise, than SA applies. Does not seem that SA reaches too far, it
>     is in line with the overall logic. Consider the case where the
>     substantial part of a huge database can be represented by a very tiny
>     extraction if proven it is qualitatively substantial.
>
>
>     Thanks!
>
>     thomas
>
>
>     On 2013-01-24 6:58 AM, Sarah Pearson wrote:
>      > Hi everyone,
>      >
>      > One of the major focus areas for this third draft of 4.0 is the
>      > treatment of sui generis database rights (SGDRs). We have refined
>     this
>      > treatment over the last several weeks, so we wanted to share our
>     latest
>      > thinking and ask for input before we publish the draft.
>      >
>      > Attached you will find a document that outlines (1) our basic
>     drafting
>      > considerations relating to this area, (2) an overview of how we have
>      > treated SGDRs throughout the 4.0 licenses (with relevant language
>     from
>      > the license included), and (3) /a/ /short list of outstanding
>     questions/.
>      >
>      > Note that, in addition to the European affiliate list, we are sending
>      > this email to affiliates in non-EU jurisdictions where SGDRs are
>      > enacted. Do any of you know of jurisdictions outside of the EU
>     that have
>      > SGDRs other than Russia, Korea, Mexico, Armenia, Georgia, Serbia
>     and Egypt?
>      >
>      > We will be collecting your comments and incorporating them into the
>      > draft before we publish 4.0d3. To do this, we will need any input
>     from
>      > you by the end of the day on _Monday, January 28_.
>      >
>      > We greatly appreciate your review and feedback. Thank you so much for
>      > your help.
>      >
>      > best,
>      > Sarah
>      >
>      > Sarah Hinchliff Pearson, Senior Counsel
>      > Creative Commons
>      > 444 Castro Street, Suite 900
>      > Mountain View, California 94041
>      > skype: sarah-h-pearson
>      > email: sarah AT creativecommons.org
>     <mailto:sarah AT creativecommons.org> <mailto:sarah AT creativecommons.org
>     <mailto:sarah AT creativecommons.org>>
>      > ______________________________
>      >
>      >
>      >
>      > _______________________________________________
>      > CC-Europe mailing list
>      > CC-Europe AT lists.ibiblio.org <mailto:CC-Europe AT lists.ibiblio.org>
>      > http://lists.ibiblio.org/mailman/listinfo/cc-europe
>      >
>
>     --
>     Dr. Thomas Margoni
>     Institute for Information Law (IViR) - Faculty of Law
>     University of Amsterdam - The Netherlands
>     http://ssrn.com/author=1383303
>
>
>
>
> _______________________________________________
> CC-Europe mailing list
> CC-Europe AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-europe
>
_______________________________________________
CC-Europe mailing list
CC-Europe AT lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/cc-europe




Archive powered by MHonArc 2.6.24.

Top of Page