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.