Sui generis database right
A database work is the subject of copyright in data collections, this is also in the form of electronic databases.
Database copyright in international treaties
Worldwide, the database is protected by copyright, international treaties, by which oblige the member states for mutual recognition of copyright protection for databases. ( Article 2, Paragraph 5 of the Berne Convention, Part II, Section 1, Article 10 of TRIPS, Article 5 of the WCT ) The database copyright is an intellectual creation in the selection or arrangement of the elements ahead.
Europe
The database copyright 1996 by Article 2 of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 - Database Directive - harmonized. In addition, there is in the European Union - but not in the Switzerland - for databases, which are lack of originality is not copyrighted (not creative databases), an investment protection under Article 7 of the Database Directive by the sui generis right for databases ( in Germany: database vendors right ).
Germany
In 1998, in Germany, the Information and Communication Services Act ( IuKDG ) in place to implement the Database Directive. In Germany the database copyright in § 4 of the Copyright Act is regulated. § 4 paragraph 1 of the Copyright Act protects collections, § 4 section 2 of the Copyright Act protects database works. The database work is a sub-case of the anthology, ie all the conditions of the collective work must also be present in a data bank business. The borders to the collection work is for a data bank business also necessary that the elements of a collection systematically or methodically arranged and individually accessible. For example, is an individual collection of poems not only a Collective Work, but a database works when the poems are arranged alphabetically and can be individually accessed.
As the database producer and the right database copyright is not limited to electronic databases. Also, printed works and card indices may therefore be a database works, and simple databases.
Austria
In Austria database works 40f are protected by the Copyright Act §. The sui generis right was implemented in § 76c ff Copyright Act.
Switzerland
In Switzerland, collective works are protected under Article 4 of the Copyright Law. For non- creative databases protection comes under Article 5 of the Swiss Unfair Competition Act into consideration.
USA
In the U.S. there are according to the provisions of Article 2, Paragraph 5 of the Berne Convention, TRIPS Article 10 § 2 and Article 5 of the WCT copyright protection for databases. Not a creative Databases enjoy as in Switzerland only competitive legal protection against " misappropriation ".