Database Protection Implementation


Subject: Database Protection Implementation
From: Gemme van Hasselt (GOTM.vanHasselt@STUDENT.UNIMAAS.NL)
Date: pe 11 heinš† 1997 - 03:31:31 EEST


Questions about the protection of databases in the EU

Dear sir/madam,

As I'm working on my thesis on the protection of databases in the EU, I
still have some difficulties with the interpretation of certain terms.

Article 6 of the EU-directive handles the:

'exceptions to the restricted acts enumerated in article 5: copyright > in the selection or arrangement'.

It is said in article 6 sub b that Member States can allow fair
dealing/fair use exceptions for the sole purposes of 'illustration' for > teaching or scientific research, to the extend justified by the > > non-commercial purpose.

I need a definition of illustration as I can't visualise yet what f.e. > a teacher can do with this exception. Can he show the selection or > arrangement of a database to his pupils ?

Can he include the selection or arrangement of a database in article
researching the differences in database regarding selection and > arrangement ?

An almost identical problem is found in article 9 of the directive. > This article gives Member States the option to allow exceptions which > would enable legitimate users of a database to extract or re-utilize > substantial parts of the database without permission. In the case of
illustration for teaching or scientific research it is permitted to
extract from the database. The first problem again is, what is meant by > 'illustration'. The second problem I have is: Once a teacher has > extracted a part of a database, what can he do without infringing the > rights of the maker.

Does extraction mean that he can make copies of the extracted part in
paper form, etc or does he by doing the foresaid re-utilize.

I know I ask many questions but I am in a desperate need for good > answers for otherwise I have problems finishing my thesis.

Thanks very much in advance for any reaction.

Gemme, The Netherlands



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