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:[email protected]> [email protected] <http://www.tib-hannover.de/> http://www.tib-hannover.de/
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