Data - Revision history

CCID-Jethet: Clarify and simplify by avoiding long sentences and words such as 'however', 'notwithstanding', etc. Replace some very specific terminology with text that will be understood by non-Americans. Correct various errors in grammar and typos.

2019-10-23T10:29:12Z

Clarify and simplify by avoiding long sentences and words such as 'however', 'notwithstanding', etc. Replace some very specific terminology with text that will be understood by non-Americans. Correct various errors in grammar and typos.

← Older revision		Revision as of 10:29, 23 October 2019
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	<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly>

	When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F\|substantial portion]] of the database contents is prohibited without ~~some~~ express exception.		When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F\|substantial portion]] of the database contents is prohibited without express exception.

	'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''		'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''

CCID-Jethet at 10:20, 23 October 2019

2019-10-23T10:20:21Z

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	<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly>
	There is no ~~bright line test~~ for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.		There is no clearly defined rule or standard for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion.

	<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span>		<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span>

CCID-Jethet at 10:19, 23 October 2019

2019-10-23T10:19:16Z

← Older revision		Revision as of 10:19, 23 October 2019
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	<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly>

	When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F\|substantial portion]] of the database contents is prohibited ~~absent~~ some express exception.		When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F\|substantial portion]] of the database contents is prohibited without some express exception.

	'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''		'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''

	Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.		Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide this information when they share further.

	<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly>
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	<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly>

	If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F\|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F\|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. ~~And finally, the~~ SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F\|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.		If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F\|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F\|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. The SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F\|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.

	== Notes ==		== Notes ==

CCID-Jethet at 10:14, 23 October 2019

2019-10-23T10:14:43Z

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	<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly>
	All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F\|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F\|compatible license]] to any adaptation of the database you share publicly.		All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is an NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F\|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F\|compatible license]] to any adaptation of the database you share publicly.

	<span id="What_are_sui_generis_database_rights.3F"></span>		<span id="What_are_sui_generis_database_rights.3F"></span>

CCID-Jethet at 09:52, 23 October 2019

2019-10-23T09:52:49Z

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	<span id="What_are_sui_generis_database_rights.3F"></span>		<span id="What_are_sui_generis_database_rights.3F"></span>
	<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly>
	In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, ~~the right prevents~~ the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F\|substantial portion]] of the contents.		In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, these rights prevent the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F\|substantial portion]] of the contents.

	<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly>

CCID-Jethet at 09:50, 23 October 2019

2019-10-23T09:50:54Z

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	<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly>
	All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F\|noncommercial purposes]] ~~only~~. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F\|compatible license]] to any adaptation of the database you share publicly.		All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F\|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F\|compatible license]] to any adaptation of the database you share publicly.

	<span id="What_are_sui_generis_database_rights.3F"></span>		<span id="What_are_sui_generis_database_rights.3F"></span>

CCID-Jethet at 09:48, 23 October 2019

2019-10-23T09:48:00Z

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	Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F\|never impose obligations where permission is not otherwise required]] to use the licensed material.		Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F\|never impose obligations where permission is not otherwise required]] to use the licensed material.

	<includeonly>==</includeonly>==Frequently asked questions about data~~, generally~~==<includeonly>==</includeonly>		<includeonly>==</includeonly>==Frequently asked questions about data in general==<includeonly>==</includeonly>
	<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly>
	There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.		There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

CCID-Jethet at 09:47, 23 October 2019

2019-10-23T09:47:04Z

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	<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly>
	When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. ~~For example, while~~ (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.		When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

	Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F\|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.		Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F\|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

CCID-Jethet at 09:44, 23 October 2019

2019-10-23T09:44:40Z

← Older revision		Revision as of 09:44, 23 October 2019
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	<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly>		<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly>
	When the database structure or its contents is subject to copyright, ~~reproducing~~, ~~distributing~~, or ~~modifying~~ the database will often be restricted by copyright law. ~~However, it~~ is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.		When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.

	Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F\|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.		Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F\|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.

CCID-Jethet at 09:36, 23 October 2019

2019-10-23T09:36:52Z

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	There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.		There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.

	The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States ~~considered~~ an alphabetical telephone directory insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area ~~did~~.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.		The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.

	The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.		The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.