Protecting databases

The twofold protection of a database: copyright in an original structure, the producer's right over content that results from substantial investment; duration, forbidden acts, exceptions, scraping and open data.

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  • Database producer: what is it?

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    The person who takes the initiative and the risk of the investment needed to obtain, verify or present the contents of a database.

    The right requires no originality: it protects the investment. It belongs to whoever funded and organised the database, not necessarily to who programmed it.

  • What gives rise to the producer's right over a database's contents?

    • A substantial investment in the database's contents
    • The originality of the selection and arrangement of data
    • Filing the database with the INPI within a year of its creation
    • Publishing the database under a written licence
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    A substantial investment in the database's contents

    Originality of selection and arrangement falls under copyright in the structure, not the producer's right. The latter needs neither filing nor licence: only a substantial investment.

  • The producer's right expires … after 1 January of the year following completion of the database; a … starts a new period.

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    The producer's right expires 15 years after 1 January of the year following completion of the database; a new substantial investment starts a new period.

    Continuously updated databases can thus be protected well beyond fifteen years, as long as updates represent a substantial investment.

  • Extraction: what is it?

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    The permanent or temporary transfer of all or part of a database's contents to another medium, by any means and in any form.

    Together with re-utilisation (making available to the public), it is the act the producer can forbid when it concerns a substantial part of the contents.