[odc-discuss] Does ODC by v1.0 contain a share-alike clause?

Tue Jun 7 11:55:05 UTC 2011

Dear all

I would like to discuss the following points with you. Since I am new to
this list I do not know if these issues have been discussed already :-).

Clause 4.2a of the license requires that Derivative Databases(as defined in
the license) must be licensed under this license. 

The definition of "Collective Database" in 1.0 only applies to a newly
formed database made up of several databases (containing the licensed
database in unmodified form) and explicitly excludes all modifications of
the licensed database which fulfil the requirements of the definition for
"Derivative Database", which also comprises the extraction or reutilisation
of the "whole or a Substantial part of the Contents in a new Database". 

Would you agree, that as a consequence modifications falling under the
definition of "Collective Database" can be licensed under a different
license, whereas modifications falling under the definition "Derivative
Database" must be licensed under the ODC by v. 1.0?

Is it correct to assume, that the definition Derivative Database only
applies, if the licensed database still constitutes the main element of the
modified object?

Does the definition of "Derivative Database" (and in consequences 4.2a of
the license) also apply if a Substantial part of the licensed Database is
extracted and united with other independent databases? 

In consequence this license would contain a limited share alike clause
regarding the Derivative Databases. 

An additional question: What if the rights granted in the license do not
exist in a certain country, because a database does not fulfil the
conditions to merit copyright protection and a Database right does not exist
(such as for example USA)?

Thanks for your help. 

Elke

______________________________________________

Elke Brehm, LL.M.

Project Manager SCOAP3-DH / Legal Affairs

German National Library of Science and Technology

Welfengarten 1B, 30167 Hannover, Germany

Tel.: +49 (0)511/762-19473, Fax: +49 (0)511/762-2686

mailto:  <mailto:elke.brehm at tib.uni-hannover.de>
elke.brehm at tib.uni-hannover.de

 <http://www.tib-hannover.de/> http://www.tib-hannover.de/

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