Creative Commons Licenses: What to Do with the Database Right?

Document Type

Article

Publication Date

2011

Keywords

Open Content, Creative Commons, Copyright Regimes, European Sui Generis Database Right, European Union

Abstract

Contrary to other types of open content licenses, Creative Commons licenses are intended to be translated and adapted to the laws of a maximum of jurisdictions in the world. Local or regional peculiarities of the copyright regime can sometimes require an adaptation to the licenses that would disrupt their worldwide similarity. This article focuses on one of these peculiarities: the European sui generis database right. It describes how the database right was excluded from the scope of the Creative Commons licenses and discusses the possible consequences of such an exclusion for the Creative Commons movement and for the users of the licenses in Europe.

Comments

Adapted from Amsterdam Law School Research Paper No. 2012-26 and Institute for Information Law Research Paper No. 2012-21.

Also available via https://www.scl.org/articles/2053-creative-commons-licences-what-to-do-with-the-database-right (Restricted to SCL members).

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