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Indexing and copying to your own server of substantial content of a database which is freely accessible on the internet is extraction and re-utilisation within the meaning of Article 7 Database Directive, which may be prohibited provided that they have the effect of depriving that person of income intended to enable him or her to redeem the cost of that investment .
Database law: Geographical information utilised from topographic maps has sufficient autonomous value to be constituted as ‘independent materials’ from a ‘database’.
IPPT20150115, CJEU, Ryanair v PR Aviation
Database directive: does not preclude the author of the database from laying down contractual limitations on its use by third parties
Re-utilisation of whole or substantial part of database by dedicated meta engine: when the end user is given the opportunity to use a form that indirectly uses data from a database protected under article 7.
IPPT20121018, CJEU, Football Dataco v Sportradar
‘Re-utilisation’ of database in Member State: the sending by one person of data by means of a web server located in Member State A to the computer of another person in Member State B, at that person’s request constitutes an act of ‘re-utilisation’ of data by the sender, when there is evidence from which may be concluded that the act discloses an intention on the part of the person performing the act to target members of the public in Member State B
Originality: making free and creative choices and thus stamp personal touch. 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. Copyright on database: Database Directive harmonises copyright protection of databases
The fact that the physical and technical characteristics present in the contents of a database also appear in the contents of another database may also be interpreted as an indication of the existence of a transfer between the two databases and therefore, of an extraction.
Extraction: On-screen consultation and individual assessment of the material contained in the database is capable of constituting an ‘extraction’ to the extent that that operation amounts to the transfer of a substantial part of the contents of the protected database.
Database law: A fixture list for a football league constitutes a database: it refers to any collection of works, data or other materials, separable from one another without the value of their contents being affected.
Directive 96/9/EC – Legal protection of databases – Sui generis right – Obtaining, verification or presenta-tion of the contents of a database – (In)substantial part of the contents of a database – Extraction and reutilisation – Normal exploitation – Unreasonable prejudice to the legitimate interests of the maker – Horseracing database – Lists of races – Betting