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  • From: Federico Morando <federico.morando AT polito.it>
  • To: Sarah Pearson <sarah AT creativecommons.org>
  • Cc: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] request for input: database rights in CC v4.0
  • Date: Fri, 25 Jan 2013 09:25:40 +0100

Hi Sarah,

first of all, let's me say that I share Thomas' and Lucie's comments about the last draft: it's indeed a very nice and clear document. But I also shared their question about the last sentence in the definition of Adapted Material.

On 01/25/2013 03:02 AM, Sarah Pearson wrote:
- 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.

Following the license and your example, am I correct if I say that somebody could take the BY-SA-licensed database A (let's say a dump of dbPedia), add to it a set of links to pictures and the pictures themselves, publishing the derived (and arguably sui generis right protected) database B (for instance creating a website which is an enriched version of dbPedia with new pictures) under a BY-SA license, but keeping a proprietary license for the pictures themselves (while the links to the pictures are arguably licensed under BY-SA)?
[Notice that there should be no copyright protection on database B, unless we argue that the creativity of the choice of these pictures is sufficient to trigger copyright protection for the database... but this would be strange and I suggest to assume that only SGDR applies to B.]

(I'm not saying whether this is good or bad; I just wanted to share this scenario, verify if it's correct according to the intended meaning of the license and elicit further comments.)

Best,

Federico





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