The document discusses Creative Commons licenses version 4.0 and their treatment of sui generis database rights. Key changes in version 4.0 include fully licensing sui generis database rights, new language addressing limitations, and defining the right to extract and reuse portions of licensed databases. However, some ambiguities remain around interpreting certain sections and how non-commercial use is defined. The document analyzes pros and cons of the new licenses but notes work is still needed to address open issues.

1. Creative Commons 4.0 Licenses: a Sui
Generis Challenge?
Claudio Artusio, Federico Morando
Conference for eDemocracy & Open Government
Krems, 21st
May 2014

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May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 2
Open Data & Intellectual
Property Rights
Copyright and related rights impact on the re-use of data
and information given the “All rights reserved”
default rule
The EU Database directive (Directive 96/9/EC) sets two
levels of protection:
● Copyright-like protection of creative databases (70
years from the database creation)
● Sui Generis Database Right (15 years from the
database completion)
– Extraction and re-use of all/substantial part of the database
contents is prohibited

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Open Data Licenses
(Open) Licenses are legal tools to manage
copyright and related rights on (open) data and
explain the terms and conditions under which
they can be shared and re-used.

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Offer of Open Data Licenses
Open Data Commons licenses
● PDDL; ODC-ODbL; ODC-By
Creative Commons licenses
● From version 3.0
National open data licenses
● UK: OGL
● France: License Ouverte
● Italy: IODL
● Germany: Datenlizenz Deutschland
● …

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Creative Commons
US non profit organization founded in 2001
● Mission: to develop and support legal/technical
infrastructure to maximise digital creativity, sharing and
innovation
● Tools to broaden the default “All rights reserved” copyright
regime:
– CC licenses
– CC Plus
– CC0 waiver
– Public Domain Mark

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CC Licenses from 3.0 to 4.0 1/3
Major Changes
● Single international license suite worldwide (broader
drafting activity ex ante)
● No porting (adaptation ex post) just translations
● Full licensing of Sui Generis Database Rights
● New wording: e.g. disclaimer of warranties; limitation on
liability; moral rights; severability clause

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CC Licenses from 3.0 to 4.0 2/3
New (Open Data-oriented) features 1/2
● Consideration for licensors and the public
● Sui Generis Database Rights
● Author ---> Creator; Work---> Material
● No sublicensing

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CC Licenses from 3.0 to 4.0 3/3
New (Open Data-oriented) features 2/2
● No endorsement
● Other rights
● Modifications to the licensed material
● Reinstatement

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Treatment of SGDR in the CC
Licenses 1/3
● Up to version 3.0: SGDR not addressed explicitly
● Version 3.0: national ported licenses waives the SGDR
(rectius, the licensor waives to use her SGRD to enforce
the license clauses)
● Version 4.0: SGDR included in the License Grant
● Ad hoc definition of SGDR
● Ad hoc Section 4 – Sui Generis Database Rights
● Right to extract, re-use, reproduce and share all/substantial
portion of the Licensor's database (Section 4.a)

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Treatment of SGDR in the CC
Licenses 2/3
A matter of:
● compliance with the database legal framework (EU
Database directive)
– Adoption of the EU Database Directive terminology
● Interoperability with the other existing database licenses
– Sublicense prohibition
– Obligation to indicate modifications to the licensed data
– Prohibition to assert official status regarding the Licensee's use of
the licensed data

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Treatment of SGDR in the CC
Licenses 3/3
BUT
● CC compatible licenses have not been announced yet
● Non Commercial definition remained the same (and the
uncertainty on its interpretation too)
● Section 4 b. (database adaptation):
● If the licensee includes all/substantial portion of the
licesor's database in a database in which the licensee has
SGDR, then the licensee's database is Adapted Material
If the licensee does not have SGDR, then the resulting
database based on the licensor's one is not Adapted
Material?

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In conclusion: CC 4.0
Pros and Cons
● One single legal text
worldwide
● Proper licensing of the
SGDR
● No sublicensing
● Prohibition to imply official
status
● Modifications to the
licensed material
● Ambiguous interpretation
of Section 4.b (derivative
databases)?
● A list of CC compatible
licenses is still missing
● Definition of Non
Commercial

13. Thank you!
claudio.artusio@polito.it federico.morando@polito.it
The paper was drafted in the context of the Network of Excellence on Internet Science (EINS)
and, in particular, in relation with the case studies concerning Governance, Standards and
Regulation (JRA4). The authors acknowledge the support of the European Commission and
are grateful to the network members for their support.
Conference for eDemocracy & Open Government
Krems, 21st
May 2014