EBLIDA response to Public Consultation on the evaluation of the Database Directive 96/9/EC01 September 2017
[Excerpt from the EU Commission website]
The Commission launched a public consultation on the application and impact of the Database Directive 96/9/EU on legal protection of databases. The Directive offers two-tier protection to databases:
- Copyright protection to the databases which are considered 'original'
- Sui generis protection to databases on which major investments have been made.
In the ongoing ex-post evaluation the Commission is assessing whether the Directive still fulfils its policy goals and is fit-for-purpose in a digital, data-driven economy. The results of the consultation will feed into a Staff Working Document describing the Commission's findings.
Objective of the consultation
The main objectives of the consultation are to collect up-to-date information on:
- The evolution of the market related to databases
- The use and the impact of the copyright and the sui generis protection regimes on the database makers and users.
- The application of the Database Directive and possible needs of adjustment.
In line with its advocacy work, the EBLIDA’s response notably calls for a withdrawal of the sui generis right and an harmonisation of the directive’s limitations and exceptions as well as their protection from override by contract terms and Technological Protection Measures (TPMs).
- Announcement and background information on the consultation.
- Digital Single Market webpage on copyright.
- Database Directive
- Evaluation of 2005 and related documents
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