copyright data-ownership public-domain data-protection
Can I claim copyright on public data that I have compiled into a database?
<p>I have compiled a bunch of data released by the UNECE and government agencies into a multilingual searchable database on my website. In total it's about 2000 database entries in 4 languages, so about 8000 database entries, 2MB compressed data total. This has taken a lot of time, work and effort to do, so I included some random "nonsense strings" into the database to be able to find out if someone had scraped my site for the content.</p>

<p>Now it turns out that someone has. </p>

<p>While searching for one of the random nonsense strings I found another website which appears to have copied the content from my site onto their own. </p>

<p>What should I do? I guess contacting them and kindly asking them to either link to my site or to take the information down would be a first step. But can I claim any form of copyright on the data that I have compiled? </p>

<p><strong>Addition:</strong> 
The data in question consists of technical specifications (i.e. measurements, technical names, properties, etc). The site that has copied the data from my website has not included all the details (yet), just a summary of them - however, it's the <strong>exact</strong> same summary that I have on my website, which then links to pages with more details. Not sure if it matters, but it makes it obvious that there was no reorganization or other "creative" work on their part, simply cut'n'paste.</p>

<p>There is no copyright protection for data. You do however have protection for the creative expressions made by you yourself, such as organization of data into rows and columns, clever field tagging, etc. When you consult with your attorney, he could tell you what the best course of action would be for you, which could include suing the infringer for economic damages, forcing him to take down the material, etc. (assuming that you prevail in court). You can also file a DMCA takedown notice with the ISP. </p>

<p>Databases are not protected by copyright in most countries in the world, since they do not meet the standard of originality: they are a simple compiliation of existing data with minimal creative effort.</p>
<p>However, the EU does provide a sui generis database right. <a href="http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0009:EN:HTML" rel="nofollow noreferrer">Directive 96/9/EC</a> art 3(1) provides:</p>
<blockquote>
<p>In accordance with this Directive, databases which, by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation shall be protected as such by copyright. No other criteria shall be applied to determine their eligibility for that protection.</p>
</blockquote>
<p>If a database meets these requirements, no one else can copy or distribute it.  That is, article 5 provides:</p>
<blockquote>
<p>In respect of the expression of the database which is protectable by copyright, the author of a database shall have the exclusive right to carry out or to authorize:</p>
<p>(a) temporary or permanent reproduction by any means and in any form, in whole or in part;</p>
<p>(b) translation, adaptation, arrangement and any other alteration;</p>
<p>(c) any form of distribution to the public of the database or of copies thereof. The first sale in the Community of a copy of the database by the rightholder or with his consent shall exhaust the right to control resale of that copy within the Community;</p>
<p>(d) any communication, display or performance to the public;</p>
<p>(e) any reproduction, distribution, communication, display or performance to the public of the results of the acts referred to in (b).</p>
</blockquote>
<p>Of course, the applicability of this directive would depend on whether the other party is based in an EU state.</p>
