A question on the subject of the protection of database: PLEASE ANSWER

Questions about the protection of databases in the EU

Dear sir/madam,

As I'm working on my thesis on the protection of databases in the EU I still have some difficulties with the interpretation of certain terms.

Article 6 of the EU-directive handles the 'exceptions to the restricted acts enumerated in

article 5: copyright in the selection or arrangement'.

It is said in article 6 sub b that Member States can allow fair dealing/fair use exceptions for the sole purposes of 'illustration' for teaching or scientific research, to the extend justified by the non-commercial purpose.

I need a definition of illustration as I can't visualise yet what f.e. a teacher can do with this exception. Can he show the selection or arrangement of a database to his pupils? Can het include the selection or arrangement of a database in article researching the differences in database regarding selection and arrangement?

An almost identical problem is foumd in article 9 of the directive. This article gives Member States the option to allow exceptions which would enable legitimate users of a database to extract or re-utilize substantial parts of the database without permission. In the case of illustration for teaching or scientific research it is permitted to extract from the database. The first problem again is, what is meant by 'illustration'. The second problem I have is: Once a teacher has extracted a part of a database, what can he do without infringing the rights of the maker.

Does extraction mean that he can make copies of the extracted part in paper form, etc or does he by doing the foresaid re-utilize.

I konw I ask many question but I am in a desperate need for good answers for otherwise I have problems finishing my thesis.

Thanks very much in advance for any reaction.

Gemme van Hasselt, The Netherlands
tjalling[_at_]dds.nl
GOTM.vanHasselt[_at_]student.unimaas.nl Received on Mon Jul 07 1997 - 12:50:19 GMT