Database work

from Wikipedia, the free encyclopedia

A database work is the subject of copyright to data collections, this also applies in the form of electronic databases . In the legal sense, a database is a collection of works, data or other independent elements that are arranged systematically or methodically and are individually accessible by electronic means or in some other way.

Database copyright in international contracts

Database copyright is protected worldwide by international treaties through which the member states undertake to mutually recognize copyright protection for database content. (Art. 2 para. 5 RBC ; Part II, Section 1, Art. 10 TRIPS ; Art. 5 WCT ) The database copyright requires an intellectual creation in the selection or arrangement of the elements.

Europe

Database copyright was harmonized within the European Community in 1996 by Directive 96/9 / EC on the legal protection of databases (database directive ) and is part of the legal field of intellectual property . In addition, in the European Union - but not in Switzerland - for databases that are not protected by copyright due to a lack of creativity (non-creative databases), investment protection according to Art. 7 of the Database Directive through the sui-generis law for databases (in Germany: Database manufacturer law ).

Protection system

Databases are protected in Europe by database copyright law, by database manufacturer law for databases and by additional competitive performance protection.

  1. Copyright protection for databases arises when the database is at the height of creation. This is the case if the selection or the arrangement of the elements reveals an evaluative decision ( § 4 UrhG).
  2. The database manufacturer right , on the other hand, arises if the procurement or presentation is based on a substantial investment ( Section 87a UrhG).
  3. The supplementary performance protection under competition law arises when the database has a competitive nature. However, with the introduction of protection for databases according to § 87a UrhG with effect from January 1, 2000, it loses its importance.

Laws

Germany

In 1998, the Information and Communication Services Act ( IuKDG ) came into force in Germany to implement the database directive. In Germany, database copyright is regulated in § 4 UrhG. Section 4 (1) UrhG protects collective works, Section 4 (2) UrhG protects database works. The database work is a subcategory of the collective work, i. H. all the requirements of the collective work must also be met for a database work. To distinguish it from the collective work, a database work also requires that the elements of a collection are systematically or methodically arranged and individually accessible. For example, an individual collection of poems is not just a compilation, but a database work if the poems are arranged alphabetically and individually accessible. As with database manufacturer law, database copyright is not limited to electronic databases. Printed works and card files can therefore also be database works and simple databases.

Austria

In Austria, database works are protected according to § 40f UrhG. The sui-generis right was implemented in § 76c ff. UrhG.

Switzerland

In Switzerland, collective works are protected under Art. 4 CopA. For non-creative databases, protection according to Art. 5 of the Swiss UWG is possible.

United States

In the USA, there is copyright protection for databases in accordance with the requirements of Art. 2 Para. 5 RBÜ , Art. 10 Para. 2 TRIPS and Art. 5 WCT . As in Switzerland, non-creative databases only enjoy protection against "misappropriation" under competition law.

literature

  • Gabriele Beger : Copying from databases . For handling the Information and Communication Services Act (IuKDG) in libraries . In: Library Service . Volume 32, No. 5 . de Gruyter Saur, 1998, ISSN  0006-1972 , p. 942-944 .
  • Timo Ehmann: Database copyright, database manufacturer law and the community of rights holders . At the same time the case law of the BGH "List of poems I and II" . In: Commercial legal protection and copyright . Journal of the German Association for Commercial Legal Protection and Copyright . tape 110 , no. 6 . Beck, 2008, ISSN  0016-9420 , p. 474-478 .
  • Matthias Leistner: The legal protection of databases in German and European law . An investigation into Directive 96/9 / EC and its implementation in the German Copyright Act . Beck, Munich 2000, ISBN 3-406-46223-5 .
  • Sören Rieger: The legal protection of scientific databases . Mohr Siebeck, Tübingen 2010, ISBN 978-3-16-150377-1 .
  • Guido Westkamp: The protection of databases and information collections in British and German law . A comparative study of the legal status after implementation of the European database directive, taking into account copyright law, database manufacturer law and competition law . Beck, Munich 2003, ISBN 3-406-49399-8 .

Web links

Swiss law
Austrian law

Individual evidence

  1. ↑ BGH, May 6th, 1999 - I ZR 199/96 - "Tele-Info-CD" . In: Commercial legal protection and copyright . Journal of the German Association for Commercial Legal Protection and Copyright . tape 101 , no. 10 . Beck, 1999, ISSN  0016-9420 , p. 923 ff .