Sui generis database right: Internal and External exceptions and limitations
| Authors | |
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| Year of publication | 2018 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | Sui generis database right aims to protect investment which was made in the course of obtaining, verification or presentation of its content. Nevertheless, the law provides several exceptions and limitation, both as the internal part of the sui generis database right protection system as well as an external one. Firstly, as the European Directive 96/9/EC states in Rec. 49 and in Art. 8, a lawful user cannot be prevented from extracting and re-utilising insubstantial parts of the content of the database. Furthermore, member states may set down in their national law, that in some situations even a substantial part of the database may be extracted and re-utilised. These instances can be understood as internal exceptions to the sui generis right. Secondly, as an external limitation can be understood a recently added provision in the Czech Copyright Act which states that certain types of databases are excluded from the sui generis database protection because they are made in the course of fulfilling the legal duties of public sector bodies. Thus, they are treated similarly to official works. The presentation provides an overview of both internal and external exceptions and limitations of sui generis database right with an accent on the Czech legal framework and interesting interpretation problems brought by the amendment that introduced official work exception for sui generis database right. |
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