IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) 204-7730 FAX:...

IPR-INSIGHTS CONSULTING AND RESEARCH1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) 204-7730 FAX: (+36-1) 204-7731

E-MAIL: [email protected] WWW.IPR-INSIGHTS.HU

Dr Eszter TelekIPR-Insights Consulting

Copyright protection of software and database

Software and database protection

Copyright protection Creation – protected by IPR: copyright and

industrial rights Software and database are protected by

copyright Copyright protection issues:

without notification without an authority’s decision solely by the creation of the intellectual

product – the work




What is work? Work

Literary and artistic works: shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression

Originality Such as

books dramatic or dramatico-musical works cinematographic works works of drawing, painting, architecture, sculpture photographic works maps plans etc.

Ideas and principles themselves are not protected - protection shall applies to the expression in any form




What is work? Types of works: not a closed list

software and database is protected as literary work by BC later it was expressed such as computer program (software), database

ORIGINAL WORK it is the author’s own intellectual creation

No qualtative – quantitative – aesthetic criteria




The author Who created the work

natural person or group of natural persons

Special: collective works employee creates work in the execution of his

duties




Term of copyright protection Directive 1993/98/EEC – harmonization of

term of protection P.m.a. + 70 years Author’s life + 70 years

Database – sui generis protection – see later






The authors’ rights Copyright protection of the work means authors’

exclusive rights: moral rights economic rights

The author may never transfer his moral rights Assignment of economic rights:

varies by countries


Exemptions Free use of the works

General Private copying Quoting Disabled persons Court, public administration and other authority

proceedings Etc.

Special software and database cases See later




Copyright protection of computer program

Directive 91/250/EEC Harmonizing different national regulations

What is computer program? No definition in the Directive

Preamble: the term 'computer program` shall include programs in any form, including those

which are incorporated into hardware; whereas this term also includes preparatory design work leading to the development of a computer program provided that the nature of the preparatory work is such that a computer program can result from it at a later stage

Source code, object code; documentation Ideas, methods not protected





Protected as literary work Originality

Author’s own creation No quantitative, qualitative, aesthetic requirements

Author Joint authorship Employer as holder of economic rights

Term of protection p.m.a. 70 years





Author /right holder – exclusive rights LICENSE Special exemptions:

the authorization of right holder is not required granted to the lawful acquirer

Art. 5 (1):copying, adaptation necessary for lawful use, including error corrections Art. 5(2):back-up copies Art. 5(3): reverse engineering Art. 6:decompilation – from object to source code




Copyright protection of database

Directive 97/7/EC

What is database? database shall mean a collection of independent works, data or

other materials arranged in a systematic or methodical way and individually accessible by electronic or other means

electronic or non-electronic databases for example: dictionary, phone book, online databases etc.

not software




Copyright protection of database Protection

Copyright – Article 3 selection or arrangement is the author’s own intellectual creation independent protection of works included in the database

Sui generis – Article 7 “Member States shall provide for a right for the maker of a database

which shows that there has been qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents to prevent extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database.”




Copyright protection of database Term of protection

Copyright: p.m.a. 70 years Sui generis

15 years from the first of January following the year of completion

substantial change: shall qualify the database resulting from that investment for its own term of protection




Copyright protection of database Author /right holder – exclusive rights LICENSE Special exemptions:

the authorization of right holder is not required granted to the lawful acquirer

Copyright necessary for the purposes of access to the contents of the databases and

normal use of the contents Copyright and sui generis

option for member states to limit the exclusive rights of right holders reproduction for private purposes of a non-electronic database sole purpose of illustration for teaching or scientific research purposes of public security of for the purposes of an administrative or

judicial procedure






Thank you for your kind attention!

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