some description for the right of database producers and relationship with the usage of CCL in Korea

1. Korean Copyright Act in 2003
“Database” : a collection that arranges or composes subject
matters systematically so that one can individually access or
search such subject matters
“Database producers” : the persons who make a substantial
investment in human or material resources for production,
renewal, verification, or supplementation of a database.
“Rights” : to the reproduction, distribution, broadcasting, or
interactive transmission of all or a substantial part of the
appropriate database
“Substantial part” : if such reproduction, etc. is done repetitively
or systematically for a specific purpose in such a manner that
conflicts with the normal use of the database or unreasonably
prejudices the database producer’s interests.

2. collection
collective works sui generis database
subject copyrightable and/or copyrightable and/or
matter non-copyrightable non-copyrightable
creativity in selection and systematic arrangement of
requirement arrangement of subject subject matters for individual
matters access and search
the creativity of an qualitatively and/or quantitatively
protection
author substantial investment
rights exclusive rights exclusive rights
term 50 years 5 Years, but actually perpetual

3. key points
(1) the producer of database can be a different
entity from the copyright holders of the subject
matter
(2) the subject matters can be either copyrightable
or not
(3) the license applied to the subject matter does
not extend to the database itself.

4. Case (1)
The Government is trying to allow people to use PSI
through the open license
A large part of PSI is not copyrightable, so the license of
the database is a more important matter.
The Government is now considering to make its own
license addressing the database right as well as the
copyright instead of adopting CCL

5. Case (2)
A company which runs an archiving site of its own
contents is considering adopting CCL to them
But it is afraid that the rival company would copy all or
the substantial part of the contents and use them for its
business
Keeping the database right could be an useful way for him
to protect his interest

6. Case (3)
Someone who runs an UGC website is considering
adopting CCL as a default copyright policy for the
contents users upload.
But he is afraid that some companies would copy all or
the substantial part of the database and build another
similar UGC website easily.
So it wants to license the database with the non-
commercial use requirement like such as CC-BY-NC

7. Case (1) CCL with the waver clause of the
database right
or CCL with the same license
clause for the database right
or New license only for the
database right
Case (2) No additional clause needed
Case (3) CCL with the same license clause
for the database right
or New license only for the
database right

8. CC+d
for the database producer