Legal protection of the producers of data bases in the Community qnd Spanish Law
DOI:
https://doi.org/10.3989/redc.2000.v23.i1.317Keywords:
sui generis right, maker, producer, database, substantial investiments, substantial part, lawful usersAbstract
This article concerns the protection, by the sui generis right, of the substantial investments of the maker or producer of electronic and non electronic databases. For this reason, this article defines the concepts of «substantial investments» and «maker» and also the words «extraction», «reutilization» and «substantial part» (that is to say, the concepts of the content of the sui generis right); analyzes the independence of this right with regard to the copyright of database, so that the maker of non original database may be protected by this special right; studies the rights and obligations of lawful users of the database and, finally, the exceptions to the sui generis right.
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