CCL and Database in Korea

Oct 24, 2011Download as KEY, PDF1 like13,787 views

The Korean Copyright Act of 2003 defines key terms related to databases and sui generis rights for databases. It defines a database as a collection of information arranged systematically that can be individually accessed. Database producers are those who make a substantial investment to produce, renew, verify or supplement a database. They have rights to control the reproduction, distribution, broadcasting or transmission of all or a substantial part of the database. Using a substantial part repetitively or systematically in a way that conflicts with the normal use of the database or prejudices the producer's interests violates these rights. The Act provides database producers exclusive rights and protection for 5 years, effectively in perpetuity.

Korean Copyright Act in 2003

“Database” : a collection that arranges or composes subject
matters systematically so that one can individually access or
search such subject matters

“Database producers” : the persons who make a substantial
investment in human or material resources for production,
renewal, veriﬁcation, or supplementation of a database.
“Rights” : to the reproduction, distribution, broadcasting, or
interactive transmission of all or a substantial part of the
appropriate database

“Substantial part” : if such reproduction, etc. is done repetitively
or systematically for a speciﬁc purpose in such a manner that
conﬂicts with the normal use of the database or unreasonably
prejudices the database producer’s interests.

collection
collective works sui generis database
subject copyrightable and/or copyrightable and/or
matter non-copyrightable non-copyrightable

creativity in selection and systematic arrangement of
requirement arrangement of subject subject matters for individual
matters access and search
the creativity of an qualitatively and/or quantitatively
protection
author substantial investment

rights exclusive rights exclusive rights

term 50 years 5 Years, but actually perpetual

key points
(1) the producer of database can be a different
entity from the copyright holders of the subject
matter
(2) the subject matters can be either copyrightable
or not

(3) the license applied to the subject matter does
not extend to the database itself.

Case (1)

The Government is trying to allow people to use PSI
through the open license

A large part of PSI is not copyrightable, so the license of
the database is a more important matter.

The Government is now considering to make its own
license addressing the database right as well as the
copyright instead of adopting CCL

Case (2)

A company which runs an archiving site of its own
contents is considering adopting CCL to them

But it is afraid that the rival company would copy all or
the substantial part of the contents and use them for its
business

Keeping the database right could be an useful way for him
to protect his interest

Case (3)

Someone who runs an UGC website is considering
adopting CCL as a default copyright policy for the
contents users upload.

But he is afraid that some companies would copy all or
the substantial part of the database and build another
similar UGC website easily.

So it wants to license the database with the non-
commercial use requirement like such as CC-BY-NC

Case (1) CCL with the waver clause of the
database right
or CCL with the same license
clause for the database right
or New license only for the
database right

Case (2) No additional clause needed

Case (3) CCL with the same license clause
for the database right
or New license only for the
database right

This document discusses databases and database rights under Korean copyright law. It defines a database as a collection of information arranged systematically for access and search. Database producers have sui generis rights over reproduction of a substantial part of the database for a specific purpose that conflicts with its normal use. These rights last 5 years but are effectively perpetual. The document examines cases where a database contains copyrighted and non-copyrighted works from different rights holders and different licenses could apply to the database versus its contents. It suggests the Creative Commons licenses or a new "CC+d" license tailored for databases could help manage these rights.

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CCL and Database in Korea

1. Korean Copyright Act in 2003 “Database” : a collection that arranges or composes subject matters systematically so that one can individually access or search such subject matters “Database producers” : the persons who make a substantial investment in human or material resources for production, renewal, verification, or supplementation of a database. “Rights” : to the reproduction, distribution, broadcasting, or interactive transmission of all or a substantial part of the appropriate database “Substantial part” : if such reproduction, etc. is done repetitively or systematically for a specific purpose in such a manner that conflicts with the normal use of the database or unreasonably prejudices the database producer’s interests.

2. collection collective works sui generis database subject copyrightable and/or copyrightable and/or matter non-copyrightable non-copyrightable creativity in selection and systematic arrangement of requirement arrangement of subject subject matters for individual matters access and search the creativity of an qualitatively and/or quantitatively protection author substantial investment rights exclusive rights exclusive rights term 50 years 5 Years, but actually perpetual

3. key points (1) the producer of database can be a different entity from the copyright holders of the subject matter (2) the subject matters can be either copyrightable or not (3) the license applied to the subject matter does not extend to the database itself.

4. Case (1) The Government is trying to allow people to use PSI through the open license A large part of PSI is not copyrightable, so the license of the database is a more important matter. The Government is now considering to make its own license addressing the database right as well as the copyright instead of adopting CCL

5. Case (2) A company which runs an archiving site of its own contents is considering adopting CCL to them But it is afraid that the rival company would copy all or the substantial part of the contents and use them for its business Keeping the database right could be an useful way for him to protect his interest

6. Case (3) Someone who runs an UGC website is considering adopting CCL as a default copyright policy for the contents users upload. But he is afraid that some companies would copy all or the substantial part of the database and build another similar UGC website easily. So it wants to license the database with the noncommercial use requirement like such as CC-BY-NC

7. Case (1) CCL with the waver clause of the database right or CCL with the same license clause for the database right or New license only for the database right Case (2) No additional clause needed Case (3) CCL with the same license clause for the database right or New license only for the database right

8. CC+d for the database producer

Editor's Notes

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CCL and Database in Korea

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Editor's Notes