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Ccl and database

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CCL
 and
 Database
by Jongsoo(Jay) Yoon

iwillbe99@gmail.com!
twitter @iwillbe99
www.jayyoon.com
a compilation of factual data
with
contributors

right holder

license
application

(1) no

the maker has
SGDRs

to the database

(2) yes

a compilation of copyrightable
works (all/some)
(3) no

does the
provider have
the maker has
SGDRs?
SGDRs to the
or
database
do the provider and Copyright to
and contributors subject matters
jointly?

to the database

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

(4) yes
does the provider
have SGDRs?
do the provider and
contributors have
SGDRs jointly?
contributors have the
copyright for each
work
to the database
by the maker

to the subject matters
by each contributor
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.
collection
collective works
subject
matter

copyrightable and/or 	

non-copyrightable

sui generis database
copyrightable and/or 	

non-copyrightable

creativity in selection and systematic arrangement of
requirement arrangement of subject
subject matters for individual
matters
access and search
the creativity of an
author

qualitatively and/or quantitatively
substantial investment

rights

exclusive rights

exclusive rights

term

50 years

5 Years, but actually perpetual

protection
Ad

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Ccl and database

  • 1. CCL
  • 4. a compilation of factual data with contributors right holder license application (1) no the maker has SGDRs to the database (2) yes a compilation of copyrightable works (all/some) (3) no does the provider have the maker has SGDRs? SGDRs to the or database do the provider and Copyright to and contributors subject matters jointly? to the database same or different licenses to the database and subject matters by the maker (depending on the business strategy) (4) yes does the provider have SGDRs? do the provider and contributors have SGDRs jointly? contributors have the copyright for each work to the database by the maker to the subject matters by each contributor
  • 5. 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.
  • 6. collection collective works subject matter copyrightable and/or non-copyrightable sui generis database copyrightable and/or non-copyrightable creativity in selection and systematic arrangement of requirement arrangement of subject subject matters for individual matters access and search the creativity of an author qualitatively and/or quantitatively substantial investment rights exclusive rights exclusive rights term 50 years 5 Years, but actually perpetual protection
  • 7. 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.
  • 8. 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
  • 9. 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
  • 10. 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 noncommercial use requirement like such as CC-BY-NC
  • 11. 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 right Case (2) No additional clause needed Case (3) CCL with the same license clause for the database right or New license only for the database right
  • 13. Copyright by Jay Yoon Except where otherwise noted http://creativecommons.org/policies#license , content on this work is
 licensed 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.