Creative Commons and Databases
I have long wanted to translate, but now is just the right time in connection with the change of license from OpenStreetMap .
The main potential value of data for society as a whole is that more data potentially contributes to expanding scientific collaboration and reproducibility, more efficient markets, increasing government and corporate transparency and, in general, accelerating the finding and understanding of global and social needs solutions.
Most of the potential value of the data, in particular their value to the whole society, is realized through the use of no organizational barriers. How does this happen (legally)? Many sites give narrow permission to use the data through the terms of service. Active exchange of specific data occurs among researchers. And increasingly, open data is released through public distribution (for example, CC licenses or transfer to the public domain CC0 ) to overcome copyright restrictions that would otherwise limit the distribution or reuse of data.
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Many organizations, institutions and governments use CC tools for data.
CC licenses are used for databases by the following organizations ( details ):
Australia Federal Government, Australia Queensland State Government, ChEMBL, DBPedia, Finnish Libraries, Geocommons, Google, Greece Government, Italian Government, MusicBrainz, MyDosis Portal, New Zealand Government, OpenStreetMap, Powerhouse Museum, Spain (Basque) Government - Open Data Euskadi, Stack Overflow, Uniprot, United Kingdom Government.
The tool is used for databases by the following organizations ( more ):
The British Library, CERN Library, Cologne-based Libraries, Digg, Dryad, EuropeanShare, Flickr, Genomes Unzipped, The German National Library, German Wikipedia, GlaxoSmithKline (GSK), The National Library Of Spain, Italian Piemonte Regional Government, MichiganView, Netherlands Government, Open Library, OpenEI, OpenJurist.org, Personal Genome Project, Polar Information Commons, Proteome Commons Tranche Network, Public.resource.org, Safecast, Sage Bionetworks - Sage Commons, Spanish National Library, Smithsonian Cooper-Hewitt Museum, SimpleGeo, University of Michigan Library, WisconsinView, University of Michigan Library, WisconsinView, University of Michigan University of Michigan Library
Yes, CC licenses can be used for any copyrighted works, including copyrighted database. The CC license can be applied to any or all of the copyright aspects of the database and its contents. See below for more information on how to provide clear notification of exactly what is licensed. Any use of a licensed database or its content that is limited by copyright law requires compliance with the relevant license terms (BY, SA, NC, ND). In its current version (3.0), CC licenses do not require compliance with license terms when it comes to sui generis — database rights (and not copyright). Additionally, the international and “ported” licenses of version 3.0, with the exception of the adapted versions in the EU jurisdiction, do not provide any permissions that do not involve sui generis database rights. Please see below for more details.
CC0, a public domain transfer, can also be used for databases. The result is a waiver of all copyright and related rights in the database and transfer it as close as possible to the public domain throughout the world. In some areas, such as science and government, there are important reasons to consider using tools such as CC0. Waiver of copyright and related rights eliminates all uncertainties for potential users, encouraging maximum reuse and dissemination of information. Where disclaimer is not a feasible option and some reuse restrictions are necessary, copyright holders should consider using CC licenses, which give the public more freedom to reuse and modify content.
With regard to databases, there are 4 likely components to consider: (1) the model or structure of the database, (2) the input and output table, (3) the field names and (4) the data itself.
A database model is a specification that describes how a database is structured and organized, including tables and indexes of database tables. The selection, coordination and organization of content is subject to copyright if it is sufficiently original. The threshold of originality required for the emergence of copyright protection is quite low in many jurisdictions. For example, while courts in the United States decide that the alphabetical telephone directory does not have sufficient originality to earn copyright protection, an organized catalog of Sino-American enterprises deserved it in certain areas. These definitions are very fact-dependent and vary by jurisdiction.
The data entry and output tables contain questions and answers to these questions stored in the database. For example, a web page asking a scientist to enter the name of a gene, information about its receipt and its ontology will be a data entry table. The format and layout of these tables are protected by copyright in accordance with the same standard of originality used for the analysis of copyright in the database model.
Field names describe data sets. For example, “address” may be the name of a field for addressing street information. They are less likely to be copyrighted because they often do not correspond to originality.
The data contained in the database is subject to copyright if it is creative enough. The original poems contained in the database will be protected by copyright, but purely factual data (such as the names of genes without anything more) contained in the database will not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.
If the structure or content of a database is subject to copyright, the reproduction, distribution, or modification of a database will often be limited by copyright law. If the database is released under a CC license, this means that reproduction, distribution, or modification will most likely require compliance with the relevant license terms, including attribution.
However, it is important to note that some uses of the copyright protected database will not be limited to copyright. It is possible, for example, to change or modify unprotected data in a way that does not involve copyright in the database structure. For example, while (as noted above) a court in the United States ruled that the Sino-US business directory was limited to copyright, the same court continued to claim that the directory that copied hundreds of its lists does not violate anything, since the lists were categorized and organized in a rather heterogeneous way. In such situations, compliance with the terms of the license is not required, unless the contents of the database itself is limited by copyright.
Similarly, even where the contents of the database are subject to copyright and published under a CC license, using facts and ideas found in the content will not require attribution (or other applicable license conditions), except if it implies copyright involvement in the database structure as explained above. This important limitation of CC licenses is reflected in a brief description of the license, where it indicates that the license does not apply to those elements of the work that are in the public domain.
Sui generis database rights are another form, but often overlapped by copyright. Sui generis database rights exist to recognize the investment required to build a database, regardless of whether the database meets the requirements of originality in copyright law. The sui generis database rights set by Directive 96/9 / EC of the European Parliament prohibit the extraction or reuse of a substantial part (determined by both qualitative and quantitative conditions) of the contents of the database. The directive was introduced into the national legislation of all EU member states. Outside the European Union, similar “base-like” rights have been established in several countries, including Mexico and South Korea.
The extent to which database sui generis rights are taken into account varies depending on the versions of CC 3.0 licenses, but the result is always the same in practice: compliance with license terms is not required where sui generis rights to databases are affected, but not copyright. This means that if someone takes a significant part of the database accessible by CC and uses it in a way that does not affect copyright (for example, by rearranging purely factual data), he should not indicate the authorship of the licensor of the licensor or fulfill other license conditions even if the database is protected by database sui generis rights.
Although this consideration is the same in all versions of CC 3.0 licenses, the reasons for this result differ. In ported licenses 3.0, adapted to the laws of EU jurisdictions, works that are subject to copyright and / or sui generis rights of the database are licensed and subject to the conditions and requirements of a CC license. In such ported licenses, however, the license terms are explicitly revoked when the use of a licensed work only affects the exercise of rights to the database, and not copyright.
Unlike these licenses, all other 3.0 licenses (including ported licenses for non-EU jurisdictions and international licenses) do not at all license sui generis database rights. As a result, the license terms do not (and could not) use the affected database rights, but not copyrights. It also means that the licensee may need a separate permit if he plans to use the database in a way that affects database rights (although it is likely that the right to do so may be implied).
CC tends to further change how its licenses take into account the sui generis rights of the database in version 4.0. If exercised, these rights will be fully licensed and will be subject to the same conditions and requirements as copyright law without any waiving of license conditions in cases where only such rights are affected. Learn more about this topic (including important restrictions that I would like to avoid imposing restrictions where these rights do not exist) in the wiki about version 4.0 .
Before making a database available under a CC license, the database vendor must first verify that it has all the rights necessary to do so. Often, the database provider is not the original author of the database content, which may mean that the database provider needs separate permissions from third parties before publishing the database using CC legal tools. For more information, read the pre-licensing guide .
In addition, the database provider must consider which elements of the database it wants to cover with the CC legal tool and identify these elements in a way that repeated users will see and understand. Please review our labeling page for more information on how to clearly distinguish unlicensed content.
This text is distributed under the terms of the Creative Commons Attribution 3.0 Unported License .
You may copy, edit and use this text for commercial purposes with the obligatory indication of authorship.
With reference to the Russian Federation - here from the Pravo.ru company:
"The right of the manufacturer of the database": what is it?
If there is a mood, I will translate (someday) 2 more texts on this topic - specifically about version 4 and about OpenStreetMap.
Receivingglassware corrections terminology - in habraposhta.
The main potential value of data for society as a whole is that more data potentially contributes to expanding scientific collaboration and reproducibility, more efficient markets, increasing government and corporate transparency and, in general, accelerating the finding and understanding of global and social needs solutions.
Most of the potential value of the data, in particular their value to the whole society, is realized through the use of no organizational barriers. How does this happen (legally)? Many sites give narrow permission to use the data through the terms of service. Active exchange of specific data occurs among researchers. And increasingly, open data is released through public distribution (for example, CC licenses or transfer to the public domain CC0 ) to overcome copyright restrictions that would otherwise limit the distribution or reuse of data.
')
Many organizations, institutions and governments use CC tools for data.
CC licenses are used for databases by the following organizations ( details ):
Australia Federal Government, Australia Queensland State Government, ChEMBL, DBPedia, Finnish Libraries, Geocommons, Google, Greece Government, Italian Government, MusicBrainz, MyDosis Portal, New Zealand Government, OpenStreetMap, Powerhouse Museum, Spain (Basque) Government - Open Data Euskadi, Stack Overflow, Uniprot, United Kingdom Government.
The tool is used for databases by the following organizations ( more ):
The British Library, CERN Library, Cologne-based Libraries, Digg, Dryad, EuropeanShare, Flickr, Genomes Unzipped, The German National Library, German Wikipedia, GlaxoSmithKline (GSK), The National Library Of Spain, Italian Piemonte Regional Government, MichiganView, Netherlands Government, Open Library, OpenEI, OpenJurist.org, Personal Genome Project, Polar Information Commons, Proteome Commons Tranche Network, Public.resource.org, Safecast, Sage Bionetworks - Sage Commons, Spanish National Library, Smithsonian Cooper-Hewitt Museum, SimpleGeo, University of Michigan Library, WisconsinView, University of Michigan Library, WisconsinView, University of Michigan University of Michigan Library
Frequently asked questions about data
Can databases be released under CC licenses?
Yes, CC licenses can be used for any copyrighted works, including copyrighted database. The CC license can be applied to any or all of the copyright aspects of the database and its contents. See below for more information on how to provide clear notification of exactly what is licensed. Any use of a licensed database or its content that is limited by copyright law requires compliance with the relevant license terms (BY, SA, NC, ND). In its current version (3.0), CC licenses do not require compliance with license terms when it comes to sui generis — database rights (and not copyright). Additionally, the international and “ported” licenses of version 3.0, with the exception of the adapted versions in the EU jurisdiction, do not provide any permissions that do not involve sui generis database rights. Please see below for more details.
CC0, a public domain transfer, can also be used for databases. The result is a waiver of all copyright and related rights in the database and transfer it as close as possible to the public domain throughout the world. In some areas, such as science and government, there are important reasons to consider using tools such as CC0. Waiver of copyright and related rights eliminates all uncertainties for potential users, encouraging maximum reuse and dissemination of information. Where disclaimer is not a feasible option and some reuse restrictions are necessary, copyright holders should consider using CC licenses, which give the public more freedom to reuse and modify content.
What database components are protected by copyright?
With regard to databases, there are 4 likely components to consider: (1) the model or structure of the database, (2) the input and output table, (3) the field names and (4) the data itself.
A database model is a specification that describes how a database is structured and organized, including tables and indexes of database tables. The selection, coordination and organization of content is subject to copyright if it is sufficiently original. The threshold of originality required for the emergence of copyright protection is quite low in many jurisdictions. For example, while courts in the United States decide that the alphabetical telephone directory does not have sufficient originality to earn copyright protection, an organized catalog of Sino-American enterprises deserved it in certain areas. These definitions are very fact-dependent and vary by jurisdiction.
The data entry and output tables contain questions and answers to these questions stored in the database. For example, a web page asking a scientist to enter the name of a gene, information about its receipt and its ontology will be a data entry table. The format and layout of these tables are protected by copyright in accordance with the same standard of originality used for the analysis of copyright in the database model.
Field names describe data sets. For example, “address” may be the name of a field for addressing street information. They are less likely to be copyrighted because they often do not correspond to originality.
The data contained in the database is subject to copyright if it is creative enough. The original poems contained in the database will be protected by copyright, but purely factual data (such as the names of genes without anything more) contained in the database will not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.
How to find out if a particular use of the database is limited by copyright?
If the structure or content of a database is subject to copyright, the reproduction, distribution, or modification of a database will often be limited by copyright law. If the database is released under a CC license, this means that reproduction, distribution, or modification will most likely require compliance with the relevant license terms, including attribution.
However, it is important to note that some uses of the copyright protected database will not be limited to copyright. It is possible, for example, to change or modify unprotected data in a way that does not involve copyright in the database structure. For example, while (as noted above) a court in the United States ruled that the Sino-US business directory was limited to copyright, the same court continued to claim that the directory that copied hundreds of its lists does not violate anything, since the lists were categorized and organized in a rather heterogeneous way. In such situations, compliance with the terms of the license is not required, unless the contents of the database itself is limited by copyright.
Similarly, even where the contents of the database are subject to copyright and published under a CC license, using facts and ideas found in the content will not require attribution (or other applicable license conditions), except if it implies copyright involvement in the database structure as explained above. This important limitation of CC licenses is reflected in a brief description of the license, where it indicates that the license does not apply to those elements of the work that are in the public domain.
What is a sui generis database right?
Sui generis database rights are another form, but often overlapped by copyright. Sui generis database rights exist to recognize the investment required to build a database, regardless of whether the database meets the requirements of originality in copyright law. The sui generis database rights set by Directive 96/9 / EC of the European Parliament prohibit the extraction or reuse of a substantial part (determined by both qualitative and quantitative conditions) of the contents of the database. The directive was introduced into the national legislation of all EU member states. Outside the European Union, similar “base-like” rights have been established in several countries, including Mexico and South Korea.
How are sui generis database rights settled (if settled at all) in CC licenses?
The extent to which database sui generis rights are taken into account varies depending on the versions of CC 3.0 licenses, but the result is always the same in practice: compliance with license terms is not required where sui generis rights to databases are affected, but not copyright. This means that if someone takes a significant part of the database accessible by CC and uses it in a way that does not affect copyright (for example, by rearranging purely factual data), he should not indicate the authorship of the licensor of the licensor or fulfill other license conditions even if the database is protected by database sui generis rights.
Although this consideration is the same in all versions of CC 3.0 licenses, the reasons for this result differ. In ported licenses 3.0, adapted to the laws of EU jurisdictions, works that are subject to copyright and / or sui generis rights of the database are licensed and subject to the conditions and requirements of a CC license. In such ported licenses, however, the license terms are explicitly revoked when the use of a licensed work only affects the exercise of rights to the database, and not copyright.
Unlike these licenses, all other 3.0 licenses (including ported licenses for non-EU jurisdictions and international licenses) do not at all license sui generis database rights. As a result, the license terms do not (and could not) use the affected database rights, but not copyrights. It also means that the licensee may need a separate permit if he plans to use the database in a way that affects database rights (although it is likely that the right to do so may be implied).
CC tends to further change how its licenses take into account the sui generis rights of the database in version 4.0. If exercised, these rights will be fully licensed and will be subject to the same conditions and requirements as copyright law without any waiving of license conditions in cases where only such rights are affected. Learn more about this topic (including important restrictions that I would like to avoid imposing restrictions where these rights do not exist) in the wiki about version 4.0 .
How do I apply the CC legal tool to the database?
Before making a database available under a CC license, the database vendor must first verify that it has all the rights necessary to do so. Often, the database provider is not the original author of the database content, which may mean that the database provider needs separate permissions from third parties before publishing the database using CC legal tools. For more information, read the pre-licensing guide .
In addition, the database provider must consider which elements of the database it wants to cover with the CC legal tool and identify these elements in a way that repeated users will see and understand. Please review our labeling page for more information on how to clearly distinguish unlicensed content.
This text is distributed under the terms of the Creative Commons Attribution 3.0 Unported License .
You may copy, edit and use this text for commercial purposes with the obligatory indication of authorship.
With reference to the Russian Federation - here from the Pravo.ru company:
"The right of the manufacturer of the database": what is it?
If there is a mood, I will translate (someday) 2 more texts on this topic - specifically about version 4 and about OpenStreetMap.
Receiving
Source: https://habr.com/ru/post/141210/
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