[LAW-LIB:56102] EURPOPE : LAW: CASES: DECISIONS : COPYRIGHT : DATABASES : POETRY : LISTS: Court Advisor Says Poem List Infringed Database Right

From: David P. Dillard (jwne@temple.edu)
Date: Tue Jul 15 2008 - 03:28:10 PDT

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    EURPOPE :
    LAW: CASES: DECISIONS :
    COPYRIGHT :
    DATABASES :
    POETRY :
    LISTS:
    Court Advisor Says Poem List Infringed Database Right

    Court Advisor Says Poem List Infringed Database Right
    But how much copying is OK?
    By OUT-LAW.COM
    Published Tuesday 15th July 2008 09:01 GMT
    The Register
    <http://www.theregister.co.uk/2008/07/15/ecj_poem_list_opinion/>

    Europe's highest court could strengthen the rights of database creators to
    protect their work. One of the European Court of Justice's Advocates
    General has issued an opinion backing a German University's right to stop
    others using information it compiled.

    A European Union Directive protects the content of databases even when
    they are not protected by copyright law. It does this to protect the
    significant investment involved in creating a database.

    Sufficiently creative and original databases are protected by copyright,
    but there are many others that are not covered by copyright law, such as
    telephone directories, music charts or football match listings.

    <snip>

    Professor Dr Ulrich Knoop, a Professor of German at the University,
    oversaw the compilation of the 1,100 most important poems in German
    between 1720 and 1900. The list was published on the internet and served
    as the basis for an anthology compiled by the University. That list took
    two-and-a-half years to compile and cost the University 34,900.

    A company called Directmedia Publishing then published a CD-ROM called
    '1000 poems everyone should have', on which 876 of the poems are from the
    period 1720 to 1900 and all but 20 of those appear on the University's
    list. Though it took the text of poems from other sources, Directmedia did
    use the University's list to help its selection of poems for the CD-ROM.

    Knoop and the University sued Directmedia, claiming that it had infringed
    Knoop's copyright as compiler of an anthology and the University's right
    as a maker of a database.

    ---------------------------------------

    The complete article may be read at the URL above.

    Sincerely,
    David Dillard
    Temple University
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