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Topic: Database rights


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In the News (Mon 6 Jul 09)

  
  Kilburn & Strode - About IP - Database Rights   (Site not responding. Last check: 2007-10-09)
Database Right is infringed if, without the consent of the owner of that right, a person extracts or re-utilises all or a substantial part of the contents of the database.
Database Right lasts for fifteen years from the end of the calendar year in which the database was first made available to the public.
Database Rights are subject to a number of ancillary provisions relating to fair dealing, licensing, jurisdiction of the Copyright Tribunal and presumptions as to the database maker.
www.kstrode.co.uk /aboutip/database.asp   (454 words)

  
 Database rights - Wikipedia, the free encyclopedia
Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1996.
Database rights lasts for 15 years under this regime, but can be extended if the database is updated.
In many other respects database right is similar to copyright: it is created automatically, vests in employers, does not have to be registered and is a right against use (not a monopoly).
en.wikipedia.org /wiki/Database_rights   (273 words)

  
 Database rights: the basics | OUT-LAW.COM
The maker of a database is defined as the person who "takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation" and such person is the first owner of the database right.
A database right in a database made available to the public is not infringed by fair dealing with a substantial part of its content in certain defined circumstances, for example if data is extracted for teaching or research and not for any commercial purpose.
Database rights last for either 15 years from the end of the year in which the making of the database was completed or, if it was published during that period, 15 years from the end of the year in which the database was first made available to the public.
www.out-law.com /page-5698   (2240 words)

  
 United Nations (UN) : Human Rights Documentation
The Human Rights Council was established by GA resolution 60/251 of 15 March 2006.
The Committee on the Protection of the Rights of All Migrant Worker and Members of Their Families was established pursuant to Article 72 of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families to supervise the implementation of the Convention.
The Committee on the Rights of the Child was established pursuant to Article 43 of the Convention on the Rights of the Child to supervise the implementation of the Convention.
www.un.org /Depts/dhl/resguide/spechr.htm   (4006 words)

  
 Primer on WIPO Database Treaty
The database vendors have sought to vastly expand the ability of database owners to regulate and restrict the public's rights to use data, without the types of safeguards which exist in copyright law today.
In this respect, it is important to understand that as a "sui generis" property right, the database extraction rights are not part of the of the copyright regime, and the entire doctrine of fair use of data will not apply to data protected under the proposed database extraction rights treaty and legislation.
While we certainly do not dispute the right of database compilers and vendors to obtain reasonable protection of their products, the proposed law fails to provide for any public-good exceptions, such as the fair use exemption traditionally enjoyed by the research and education communities for their limited use of copyrighted works.
www.cptech.org /ip/cpt-dbcom.html   (3010 words)

  
 Database protection in the USA (in Database rights @ iusmentis.com)
PGA responded by claiming a property right in their golf scores, and arguing that they had the right to limit access to the scores to safeguard themselves against "free riders" and to be able to recoup their investments in RTSS and gathering of the scores data.
Register.com argued that this was a violation of the conditions of usage of the database, with which the court agreed.
Databases made in a country outside the EU can only benefit from database protection if there is an agreement between the EU Council and that other country (article 11).
www.iusmentis.com /databases/us   (1684 words)

  
 [No title]
The European Court of Justice (ECJ) is expected to rule later on this year on the first UK Database case, British Horse Racing Board (BHRB) v William Hill Organisation Ltd UK, on whether a database is protected by copyright law or database rights or both.
The crucial question is whether a database itself should be afforded both copyright and database rights protection.
The test for infringement of each right may be different although we are not sure exactly what the test is. This is of greater commercial significance, as the test for database rights is essentially whether you are 'extracting' or 'reutilising' a 'substantial' part of the database.
www.rtcoopers.com /databaserightvcopyright.php   (419 words)

  
 WIPO Database Treaty (BitLaw)
The increasing use of digital recording technology exposes database makers to the risk that the contents of their databases may be copied and rearranged electronically, without their authorization, to produce similar competing databases or databases with identical content.
This means that databases that are made generally available to the public, commercially or otherwise, as well as databases that remain within the exclusive possession and control of their developers enjoy protection on the same footing.
When the rights in respect of a database belong to several makers, they own the rights jointly and the authorization of each rightholder is necessary for the extraction or utilization of a substantial part of the database.
www.bitlaw.com /source/treaties/database.html   (10025 words)

  
 Human Rights First | Measurement Units for Workers Rights - Introduction   (Site not responding. Last check: 2007-10-09)
The analysis uses a database we have constructed, and put on the internet for public use, to make the many scattered pieces of this collective experience easy to find, sort, and compare.
Human Rights First played a major role in helping establish and develop the Fair Labor Association, a non-profit, multi-stakeholder organization made up of industry, non-governmental organization (NGO), and college and university members, operating an independent monitoring system to hold participating companies accountable for compliance with a uniform workplace code of conduct.
Again using freedom of association as the example, the international standard is cast primarily in terms of the right of workers to form and join trade unions.
workersrights.humanrightsfirst.org   (3559 words)

  
 FT.com / Comment & analysis / Columnists - James Boyle: A natural experiment
It is the “database right.” Europe adopted a Database Directive in 1996 which both gave a high level of copyright protection to databases, and conferred a new “sui generis” database right even on unoriginal compilations of facts.
The “good” is that we are supposed to get lots of new databases, databases that we would not have had but for the existence of the database right.
Scientists have claimed that the European database right, together with the perverse failure of European governments to take advantage of the limited scientific research exceptions allowed by the Directive, have made it much harder to aggregate data, to replicate studies, and to judge published articles.
www.ft.com /cms/s/4cd4941e-3cab-11d9-bb7b-00000e2511c8.html   (4782 words)

  
 Database rights (iusmentis.com)   (Site not responding. Last check: 2007-10-09)
Until several years ago, the contents of a database could not be legally protected as such.
If the producer of the database could not claim copyright protection (for example because the database only contained factual data), it was impossible to prevent others from copying the contents of the database or providing their own front-ends to the database.
This Directive provides for a new intellectual property right on the extraction of data from databases and on the making available of the database itself.
www.iusmentis.com /databases   (104 words)

  
 WWW Virtual Library: International Affairs Resources--Human Rights and Humanitarian Affairs
Global Rights-- Non-profit human rights organization active in more than 20 countries, working directly with organizations and human rights advocates inside each country to help groups and individuals become more effective within existing infrastructures by helping local organizations build their internal capacities for challenging injustice.
Human Rights in China-- An NGO founded by Chinese scientists and scholars in March 1989, that monitors the implementation of international human rights standards in China and carries out human rights advocacy and education among Chinese people inside and outside the country.
Human Rights First-- "Works in the United States and abroad to create a secure and humane world by advancing justice, human dignity and respect for the rule of law," to guarantee observance of human rights and to strengthen independent human rights advocacy at the local level.
www.etown.edu /vl/humrts.html   (1917 words)

  
 Legal Protection of Databases.
In the European Union, Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases provides protection for the intellectual creation that is a database, plus protection for the "sweat of the brow" effort of making such databases (that is also for the non-intellectual effort).
Such rights have been considered and may well exist in other jurisdictions.
This Directive covers databases defined as "a collection of independent works, data or other materials arranged in a systematic or methodical way; and individually accessible by electronic or other means".
interarb.com /vl/dbrights   (159 words)

  
 United Nations Human Rights Documents   (Site not responding. Last check: 2007-10-09)
Charter-based bodies database: Includes documents issued by the General Assembly, the Commission on Human Rights, and the Sub-Commission on the Promotion and Protection of Human Rights.
These are the Human Rights Committee; the Committee on Economic, Social and Cultural Rights; the Committee against Torture; the Committee on the Elimination of Racial Discrimination; the Committee on the Elimination of Discrimination against Women; and the Committee on the Rights of the Child.
These are the General Assembly, the Commission on Human Rights, and the Sub-Commission on the Promotion and Protection of Human Rights.
www.unhchr.ch /data.htm   (375 words)

  
 Intellectual rights - Wikipedia, the free encyclopedia
Intellectual rights (from the French "droits intellectuels") is a term sometimes used to refer to the legal protection afforded to owners of intellectual capital.
This notion is more commonly referred to as "intellectual property", though "intellectual rights" more aptly describes the nature of the protections afforded by most nations.
Moral rights became the unalienable part of the rights every author was entitled to.
en.wikipedia.org /wiki/Intellectual_rights   (331 words)

  
 AR.net >> Discussion Forum >> Return of the Terrorism Database
About two and a half years ago I had started a database that cataloged incidents of animal rights and environmental terrorism.
This site is very raw at the moment, and so far all I've got on there is a few events from January 2001 (put 01/01/01 in the beginning date and 01/31/01 in the ending date and hit return).
I have extensive records from Lexis-Nexis, animal rights groups, and anti-groups documenting animal rights terrorism and will be gradually gonig back and etnering all of that data going back to the mid-1970s.
www.animalrights.net /45971   (203 words)

  
 The United Nations Human Rights Treaties
The UN human rights treaties are at the core of the international system for the promotion and protection of human rights.
It is a universal human rights legal system which applies to virtually every child, woman or man in the world.
The successful implementation of the human rights treaty standards, whether at the international or national level, depends on their accessibility to the victims of human rights abuse.
www.bayefsky.com   (137 words)

  
 Human Rights Law
These rights include the right to life, the prohibition against slavery, torture and arbitrary arrest, equality before the law, and the freedom of movement, peaceful assembly, and participation in government.
This database features English translations of the constitutions of territories and dependencies and relevant federal constitutional provisions that define the relationship between the state and dependencies and territories.
The basic elements of this database are: (1) full texts of the documents in the official language of the country of origin; (2) summaries or abstracts in English; and (3) thesauri in English and in as many official languages as are represented in the database.
www.ll.georgetown.edu /intl/guides/HumanRightsLaw.cfm   (4268 words)

  
 Health and Human Rights Database   (Site not responding. Last check: 2007-10-09)
This site advocates a world in which the fundamental human rights of gay men, lesbians, bisexuals, transgendered people, and people with HIV and AIDS are respected and accorded the protection of international human rights law.
The International Student Association for Health and Human Rights is an association of student organizations interested in health and human rights, dedicated to promoting involvement in local, national, and international health and human rights issues.
Prepared by Health and Human Rights Project, this website includes The Health Sector Hearings of the Truth and Reconciliation Commission (South Africa); examines the role of the health sector in past human rights abuses under apartheid; provides an extensive summary of the hearings.
www.glphr.org /inetdb.htm   (2227 words)

  
 CNS - Use Rights - WMDT Database
Usage Rights: Pursuant to this agreement, CNS grants the USER the non-exclusive right to view, perform analyses on and manipulate (within the provisions of this document) all data received from CNS.
Commercial Potential: Notwithstanding Section (4) in its entirety, no part of any CNS database or auxiliary resource may be distributed for any commercial purpose, nor with the intent that the data be used in any commercial enterprise, without the express permission of a CNS representative.
No images from the WMD Terrorism Databases may be removed, reproduced, or disseminated without express written permission from the copyright holder.
cns.miis.edu /wmdt/use_rights.htm   (624 words)

  
 Boing Boing: EU study: more exclusive rights = worse economy
Which is weird, since the point of giving out exclusive rights in databases is to stimulate investment in and creation of databases.
When you actually compare the US and EU database industries to assess whether more property right hurt or help the database industry, it's clear that no rights are better than lots of rights.
Letting the first company that compiles a database control all the uses of that database for half a century means that there's less competition and less innovation.
www.boingboing.net /2006/01/02/eu_study_more_exclus.html   (572 words)

  
 R-database-text
This database was developed to meet the growing interest in the committees established to monitor the implementation of the principal international human rights treaties (also referred as "treaty monitoring bodies" or "treaty bodies").
The database includes materials relating to the military and naval sciences, military and naval stragegy, military technology, military history, peacekeeping, international law, conflict resolution, arms control and disarmament, military ethics and leadership.
RAPID is a database giving a daily view of the activities of the European Union as presented by the Institutions in their press releases.
www.sipri.se /projects/database/tabell_2.htm   (2259 words)

  
 Edwin Ginn Library-International Relations Resources-Human Rights Law
European Court of Human Rights This comprehensive site includes a sophisticated, searchable case-law database (in both English and French), downloadable judgments and decisions, information on pending cases, basic texts and press releases.
Human Rights Library at the University of Minnesota This comprehensive site includes many of the international human rights treaties and related documents, as well as material from the UN Human Rights groups.
Project DIANA Housed at the Yale University library, this massive compilation of information on Human Rights issues around the globe is an excellent research resource for those in the field.
fletcher.tufts.edu /inter_resources/humanrightslaw.html   (670 words)

  
 Complying with Database Copyright Legislation
A contractual agreement setting out what can and cannot be done to a database is a way of minimising the risk of legal action by users or owners of databases.
A database owned by your organisation that is not protected by contractual agreements may expose your organisation to possible ownership disputes.
Lack of knowledge of database rights regulations could mean that a database which your organisation has compiled from various sources, infringes several copyrights.
www.yourwindow.to /security-policies/ref070104.htm   (177 words)

  
 Jouhou KoukaiServices - COPYRIGHT AND DATABASE RIGHTS   (Site not responding. Last check: 2007-10-09)
The JKS documents, JKS Store and JKS Databases are protected by copyright and database rights and hence may only be used in compliance to the conditions laid out in the Terms and Conditions sheet.
The documents published by JKS on this web site of the JKS may not be copied, stored electronically and printed for purpose other than a noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed.
The rights of all trademark, patent and copyright owners are honored.
www.jouhoukoukai.com /company/copyright.htm   (406 words)

  
 Women's Human Rights Resources
The Women's Human Rights Resources Programme (WHRR) collects, organizes and disseminates information on women's human rights law to facilitate research, teaching and cooperation.
The information introduces women's human rights law in general, emphasizes selected international and Canadian topics, and explores the interconnections between domestic and international human rights law.
This database lists hundreds of resources -- articles, documents and links -- related to international women's rights law and Canadian women's rights law.
www.law-lib.utoronto.ca /diana   (269 words)

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