On 17 May 2010 23:41, Matthew Somerville <[email protected]> wrote: > > The UK law bringing this EU directive in states (at > http://www.opsi.gov.uk/si/si1997/73032--c.htm#13 ): "A property right > ("database right") subsists, in accordance with this Part, in a database if > there has been a substantial investment in obtaining, verifying or > presenting the contents of the database." > > Obtaining is not mentioned by that Wikipedia article, but is included in the > Directive. IANAL, so would not like to be drawn on what the PA have done in > this instance :)
What's happening is you are talking about different things. The directive creates a spanking new intellectual property right which is what Matthew is talking about. At the same time the directive harmonised the copyright in databases which requires the "own intellectual creation" test. Example: football fixtures lists aren't subject to a database right (because the league doesn't have to expend much effort on verifying or obtaining them since they have them already as part of running the league, but they do get copyright because there's creative intellectual effort involved in putting them together (so the High Court was convinced). I'm quite ill at the moment so I have no idea whether what I am saying makes sense, but hopefully it does. -- Francis Davey _______________________________________________ Mailing list [email protected] Archive, settings, or unsubscribe: https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public
