Copyright on database when there is a selection or arrangement of the data which amounts to an original expression of the creative freedom of its author
14-09-2012 Print this page
Originality: making free and creative choices and thus stamp personal touch.
"38. As regards the setting up of a database, that criterion of originality is satisfied when, through the selection or arrangement of the data which it contains, its author expresses his creative ability in an original manner by making free and creative choices (see, by analogy, Infopaq International, paragraph 45; Bezpečnostní softwarová asociace, paragraph 50; and Painer, paragraph 89) and thus stamps his ‘personal touch’ (Painer, paragraph 92)."
Copyright on database: selection or arrangement of the data which amounts to an original expression of the creative freedom of its author; not mere intellectual effort, labour an skill.
"45. In light of the considerations above, the answer to the first question is that Article 3(1) of Directive 96/9 must be interpreted as meaning that a ‘database’ within the meaning of Article 1(2) of that directive is protected by the copyright laid down by that directive provided that the selection or arrangement of the data which it contains amounts to an original expression of the creative freedom of its author, which is a matter for the national court to determine.
46. As a consequence:
– the intellectual effort and skill of creating that data are not relevant in order to assess the eligibility of that database for protection by that right;
– it is irrelevant, for that purpose, whether or not the selection or arrangement of that data includes the addition of important significance to that data, and
– the significant labour and skill required for setting up that database cannot as such justify such a protection if they do not express any originality in the selection or arrangement of the data which that database contains."
Database Directive harmonises copyright protection of databases.
"52. In light of the above considerations, the answer to the second question is that Directive 96/9 must be interpreted as meaning that, subject to the transitional provision contained in Article 14(2) of that directive, it precludes national legislation which grants databases, as defined in Article 1(2) of the directive, copyright protection under conditions which are different to those set out in Article 3(1) of the directive."
IPPT20120301, CJEU, Football Dataco v Yahoo
C-604/10 - ECLI:EU:C:2012:115
