Author's Right, Copyright and Free Licenses for Culture on the Web/Types of Content/Databases

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42. What is a database?[edit | edit source]

Database means a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means. An archival inventory, the catalog of a library or of a museum collection are instances of database.

Reference: "Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases". EUR-Lex. Article 1. Retrieved 2021-02-22.

43. When is a database protected by copyright?[edit | edit source]

Databases which, by reason of the selection or arrangement of their contents, are original (i.e. constitute the author's own intellectual creation) are protected by copyright. It is important to note that this protection relates to the selection and arrangement, i.e. to the structure of the database, and does not extend to its content which may be unprotected (e.g. a database of public domain works) or protected (a database of recent in-copyright photographs).

44. What is the Sui Generis Database right?[edit | edit source]

Independently from the above, when the making of a database that complies with the above definition, shows that there has been a substantial investment in either the obtaining, verification or presentation of the contents, the maker of the database (usually defined as the person who bears the financial risk) enjoys a right to prevent extraction and/or re-utilization of the whole or of a substantial part of the contents of that database. It is important to note that investments in the creation of data do not qualify for SGDR (Sui Generis Database right) protection. This could sound counter-intuitive at first sight, but try to think that this is a Database directive which tries to encourage the creation of new databases from existing data, not a directive that wants to encourage the creation of new data. Mere facts and data are excluded from the ambit of protection of copyright and, their creation, from SGDR as this could have anticompetitive ad anti freedom of expression effects. These two forms of protection (copyright and sui generis, or SGDR) are independent, meaning that there can be databases only protected by copyright, only protected by SGDR, protected by both or neither depending on the situation. The SGDR lasts for 15 years and can be renewed if the makers show that there has been an additional substantial investment (e.g. in updating the database).

Reference: "Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases". EUR-Lex. Articles 7-11. Retrieved 2021-02-22.

45. Is there a copyright on databases produced by a cultural institution?[edit | edit source]

Yes, the databases produced by a cultural institution, both public and private, can be protected both from the point of view of copyright and sui generis right if the aforementioned conditions are met. However, art. 1(6) of the new PSI Open Data Directive (2019/1024) clarifies that public sector bodies should not use the Sui Generis Database right in a way that would interfere with the principle of reuse as defined in that directive. The directive must be transposed into Italian Law by June 2021.

Reference: "Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information". EUR-Lex. Article 1(6). Retrieved 2021-02-22.
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