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CCL and Database in Korea


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some description for the right of database producers and relationship with the usage of CCL in Korea

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CCL and Database in Korea

  1. 1. Korean Copyright Act in 2003 “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 “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.
  2. 2. collection collective works sui generis database subject copyrightable and/or copyrightable and/or matter non-copyrightable non-copyrightable creativity in selection and systematic arrangement ofrequirement arrangement of subject subject matters for individual matters access and search the creativity of an qualitatively and/or quantitatively protection author substantial investment rights exclusive rights exclusive rights term 50 years 5 Years, but actually perpetual
  3. 3. key points (1) the producer of database can be a different entity from the copyright holders of the subject matter (2) the subject matters can be either copyrightable or not (3) the license applied to the subject matter does not extend to the database itself.
  4. 4. 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
  5. 5. 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
  6. 6. 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
  7. 7. Case (1) 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 rightCase (2) No additional clause neededCase (3) CCL with the same license clause for the database right or New license only for the database right
  8. 8. CC+dfor the database producer