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In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis databaseright. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”
The scope of TDM exceptions: extraction and reproduction Like the corresponding EU provisions, the German sections considered by the court are exceptions to specified restricted acts under copyright and other rights: Like Art. In turn, the copying of even a seemingly simple picture may trigger the right of reproduction. (2)
While some of these stages, such as the analysis stage, may arguably be covered by the temporary copies exception ( section 28A CDPA ), most of the other stages would typically involve an infringement the right of reproduction absent the permission of rightsholders. All-purpose TDM.
Minimize databaserights to favour access to and use of digital works. National policymakers should review existing sui generis databaserights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 4. Proposal 8.
The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. In addition to this, numerous other sections address various facets of upholding databaserights. The copyright of a database is safeguarded by the Copyright Act of 1957.
On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and databaserights and as such it warns against infringement with an important focus on exceptions.
As for the text and data mining exception, the government has decided to introduce a new copyright and databaseright exception which allows text and data mining for any purpose. With respect to the UK computer-generated provision under s.9(3) Stay tuned for a detailed comment on the blog on this front in the coming weeks.
This case relates to the sui generis databaseright and its application to the activity of search engines. CJEU judgments and AG Opinions. CV-Online Latvia, Court of Justice, Case C ?762/19. On 3 June 2021, the CJEU delivered its judgment in CV-Online Latvia. You can read a comment on the case here.
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