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by Jongsoo(Jay) Yoon iwillbe99@gmail.com!

twitter @iwillbe99 www.jayyoon.com

a compilation of factual data a compilation of copyrightable works (all/some)

with contributors (1) no (2) yes (3) no (4) yes

right holder the maker has SGDRs

does the provider have

SGDRs? or

do the provider and contributors

jointly?

the maker has SGDRs to the database

and Copyright to subject matters

does the provider have SGDRs?

do the provider and contributors have SGDRs jointly?

contributors have the copyright for each

work

license application to the database to the database

same or different

licenses to the database and subject matters by the maker (depending on the business strategy)

to the database by the maker

to the subject matters by each contributor

“Database” : a collection that arranges or composes subject matters systematically so that one can individually access or search such subject matters

“Database producers” : the persons who make a substantial investment in human or material resources for production, renewal, verification, or supplementation of a database.

“Rights” : to the reproduction, distribution, broadcasting, or interactive transmission of all or a substantial part of the appropriate database

Korean Copyright Act in 2003

“Substantial part” : if such reproduction, etc. is done repetitively or systematically for a specific purpose in such a manner that conflicts with the normal use of the database or unreasonably prejudices the database producer’s interests.

collection

collective works sui generis database

subject matter

copyrightable and/or non-copyrightable

copyrightable and/or non-copyrightable

requirement creativity in selection and arrangement of subject matters

systematic arrangement of subject matters for individual access and search

protection the creativity of an author

qualitatively and/or quantitatively substantial investment

rights exclusive rights exclusive rights

term 50 years 5 Years, but actually perpetual

key points

(1) the producer of database can be a different entity from the copyright holders of the subject matter

(3) the license applied to the subject matter does not extend to the database itself.

(2) the subject matters can be either copyrightable or not

Case (1)

The Government is trying to allow people to use PSI through the open license

A large part of PSI is not copyrightable, so the license of the database is a more important matter.

The Government is now considering to make its own license addressing the database right as well as the copyright instead of adopting CCL

Case (2)

A company which runs an archiving site of its own contents is considering adopting CCL to them

But it is afraid that the rival company would copy all or the substantial part of the contents and use them for its business

Keeping the database right could be an useful way for him to protect his interest

Case (3)

Someone who runs an UGC website is considering adopting CCL as a default copyright policy for the contents users upload.

But he is afraid that some companies would copy all or the substantial part of the database and build another similar UGC website easily.

So it wants to license the database with the non-commercial use requirement like such as CC-BY-NC

Case (1)

No additional clause needed

CCL with the waver clause of the database right or CCL with the same license clause for the database right or New license only for the database right

CCL with the same license clause for the database right or New license only for the database right

Case (2)

Case (3)

CC+d for the database producer

Copyright by Jay Yoon Except where otherwise noted http://creativecommons.org/policies#license ,

content on this work islicensed under a creative commmons attribution Korea 2.0 license

(http://creativecommons.org/licenses/by/2.0/kr) .

Web page images captured are not this license.