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  • From: John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Catalogue right to CC 4.0
  • Date: Thu, 16 Feb 2012 17:40:50 +0100

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 To include them all by explcitly naming them would mean that the license becomes outdated once a new sui-generis right is introduced somewhere around the world.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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In consideration of people subscribed to this list to participate
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