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Authors rights is a term 
frequently used in connection 

2
00:00:02,600 --> 00:00:04,300
with laws about intellectual 
property. 

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The term is considered as a 
direct translation of the French

4
00:00:07,400 --> 00:00:09,500
term. 
Duardo tour also German her 

5
00:00:09,500 --> 00:00:13,500
Barrett. 
It was first 1777 promoted in 

6
00:00:13,500 --> 00:00:16,600
France by Pierre Augustine. 
Karen De beaumarchais who had 

7
00:00:16,600 --> 00:00:18,500
close relations with Benjamin 
Franklin. 

8
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It is generally used in relation
to the copyright laws of civil 

9
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law countries. 
And in European Union, law, 

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00:00:24,600 --> 00:00:26,800
authors rights are 
internationally protected by the

11
00:00:26,800 --> 00:00:29,000
Berne convention for the 
protection of literary and 

12
00:00:29,000 --> 00:00:31,300
artistic works. 
And by other similar treaties, 

13
00:00:31,600 --> 00:00:35,000
author is used in a very wide 
sense and includes composers 

14
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artists sculptors and even 
architects in general. 

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The author is the person whose 
creativity led to the protected 

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work being created. 
Although the exact definition 

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varies from country to Country 
authors rights have two distinct

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components, the economic rights 
in the work and the moral rights

19
00:00:50,100 --> 00:00:53,000
of the author, the economic 
rights are a property, right? 

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00:00:53,000 --> 00:00:55,500
Which is limited in time in 
which may be transferred by the 

21
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author to other people in the 
same way. 

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As any other property, although 
many countries require that 

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Transfer must be in the form of 
a written contract. 

24
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They are intended to allow the 
author or their holder to profit

25
00:01:05,600 --> 00:01:08,100
financially from their creation 
and include the right to 

26
00:01:08,100 --> 00:01:10,600
authorize the reproduction of 
the work in any form. 

27
00:01:10,700 --> 00:01:14,500
Article 9 Berne convention. 
The authors of dramatic Works 

28
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plays Etc also have the right to
authorize the public performance

29
00:01:18,600 --> 00:01:22,600
of their Works article. 11 Berne
convention, the protection of 

30
00:01:22,600 --> 00:01:24,900
the moral rights of an author is
based on The View, that our 

31
00:01:24,900 --> 00:01:27,400
creative work is in some way, an
expression of the author's 

32
00:01:27,400 --> 00:01:30,800
personality, the moral rights 
are therefore oil to the author 

33
00:01:30,800 --> 00:01:33,200
and cannot be transferred to 
another person except by 

34
00:01:33,200 --> 00:01:36,700
Testament, when the author dies,
the moral rights regime differs 

35
00:01:36,700 --> 00:01:39,500
greatly between countries but 
typically includes the right to 

36
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be identified as the author of 
the work and the right to object

37
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to any Distortion or mutilation 
of the work, which would be 

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prejudicial to their honor or 
reputation article 6 piss Berne 

39
00:01:48,300 --> 00:01:51,000
convention. 
In many countries, the moral 

40
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rights of an author are 
Perpetual distinction between 

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00:01:53,900 --> 00:01:56,500
common law copyright and civil 
law authors rights. 

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00:01:56,900 --> 00:01:59,100
It is common to draw a 
distinction in the treatment of 

43
00:01:59,100 --> 00:02:01,600
authors and other Trusted 
parties between common law 

44
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jurisdictions and civil law 
systems, both copyright and 

45
00:02:05,000 --> 00:02:07,500
authors rights arose in the 18th
century to address. 

46
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Similar problems. 
The inequality in relations 

47
00:02:09,900 --> 00:02:12,300
between authors and Publishers 
and between Publishers 

48
00:02:12,300 --> 00:02:14,600
themselves. 
If intellectual property is not 

49
00:02:14,600 --> 00:02:17,600
recognized and protected and the
need to provide an income for 

50
00:02:17,600 --> 00:02:20,700
authors other than patronage 
both systems provide for a 

51
00:02:20,708 --> 00:02:22,600
monopoly, right? 
Granted to the author for a 

52
00:02:22,600 --> 00:02:25,200
limited term which can be 
transferred to another person 

53
00:02:25,300 --> 00:02:28,100
which was initially the right to
copy or otherwise reproduce the 

54
00:02:28,100 --> 00:02:31,500
work hence copyright but Since 
been expanded to take account of

55
00:02:31,500 --> 00:02:34,400
technological developments, it 
is an essential feature of 

56
00:02:34,400 --> 00:02:37,200
authors rights and of many 
copyright laws that the object, 

57
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which is protected must arise 
from the creativity of the 

58
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author, rather than from their 
simple effort or investment. 

59
00:02:42,300 --> 00:02:45,600
See Feist V rural in the United 
States, both French and German 

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copyright laws. 
Protect works of the Mind 

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Hoover's de l'esprit. 
And personally tea, iced tea 

62
00:02:50,100 --> 00:02:53,800
shop function respectively. 
This has led civil law systems 

63
00:02:53,800 --> 00:02:56,900
to adopt a strong link between 
the rights at least initially 

64
00:02:57,000 --> 00:02:59,700
and the person of the author, 
the initial ownership rights by 

65
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a Operation are severely 
restricted or even impossible as

66
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in Germany. 
Common law jurisdictions are 

67
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more willing to accept corporate
ownership of copyright as in the

68
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u.s. work-for-hire principle. 
Although, the following 

69
00:03:11,900 --> 00:03:14,700
comparison is simplistic and 
dependent on the exact laws of 

70
00:03:14,700 --> 00:03:17,500
individual countries, it is 
difficult to see an effective 

71
00:03:17,500 --> 00:03:21,200
economic difference. 
In the two situations, common 

72
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law. 
Employer owns the copyright and 

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work created by employees civil 
law. 

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00:03:25,700 --> 00:03:29,000
Employer enjoys an exclusive 
license to the economic rights 

75
00:03:29,000 --> 00:03:32,500
in work created by By employees,
civil law systems, have also 

76
00:03:32,500 --> 00:03:35,600
been forceful in protecting the 
moral rights of authors arguing.

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That their creativity deserves 
protection. 

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As an integral part of their 
personality. 

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The protection of the 
personality and common law 

80
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jurisdiction has for long, been 
separate from the law of 

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00:03:44,300 --> 00:03:47,200
copyright embodied, in such 
towards his defamation. 

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Also passing off and malicious 
falsehood, moral rights were not

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00:03:50,900 --> 00:03:55,200
there for explicitly mentioned 
in UK copyright law until 1988 

84
00:03:55,200 --> 00:03:57,600
over a century. 
After the United Kingdom, signed

85
00:03:57,600 --> 00:04:00,600
the Berne convention. 
The difference Both ways. 

86
00:04:00,800 --> 00:04:03,800
UK, and Irish copyright laws, 
protect the privacy of the 

87
00:04:03,800 --> 00:04:06,600
subject of certain photographs 
and films as a moral right under

88
00:04:06,600 --> 00:04:09,100
copyright law. 
While civil law systems treat 

89
00:04:09,100 --> 00:04:10,800
this as a separate portrait, 
right? 

90
00:04:11,100 --> 00:04:13,600
The different protections of 
industrial design rights Cut 

91
00:04:13,600 --> 00:04:16,800
Across The Divide between the 
two systems of law using 

92
00:04:16,800 --> 00:04:19,899
European Union law. 
The term authors rights is used 

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in European Union, law to avoid 
ambiguity in preference. 

94
00:04:23,100 --> 00:04:25,900
To the more usual translation of
do, I do tur etcetera as 

95
00:04:25,900 --> 00:04:28,300
copyright? 
The equivalent term in British 

96
00:04:28,300 --> 00:04:29,900
and Irish law is copyright. 
Right? 

97
00:04:29,908 --> 00:04:33,300
Subsisting in a literary, 
dramatic musical or artistic 

98
00:04:33,300 --> 00:04:35,800
work. 
The term in multis and cypriot 

99
00:04:35,800 --> 00:04:38,600
law is similar, except that 
dramatic works are treated as a 

100
00:04:38,600 --> 00:04:42,000
subset of literary. 
Works Germany under a bill 

101
00:04:42,000 --> 00:04:43,600
proposed by the government of 
Chancellor. 

102
00:04:43,600 --> 00:04:45,600
Angela Merkel approved by the 
bundestag. 

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00:04:45,600 --> 00:04:48,200
Germany infringement of 
copyright is equivalent to the 

104
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crime of theft, the prison 
sentences for violations of 

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copyright. 
Exactly equal to those provided 

106
00:04:53,700 --> 00:04:56,600
for the theft are five years in 
prison and are the strictest in 

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Europe. 
For the offense may be indicted 

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even children under. 
In years, in addition, following

109
00:05:02,300 --> 00:05:05,300
the Judgment of October 20th 
1993 on the case. 

110
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Phil Collins, it was launched 
article 12 in the treaty 

111
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establishing the European 
Community. 

112
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According to, which states 
cannot discriminate against 

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00:05:12,600 --> 00:05:14,800
goods from other countries, 
France. 

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00:05:15,200 --> 00:05:18,900
Since October 2009 as required 
under the creation and internet 

115
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law. 
N 311 High Authority for the 

116
00:05:22,100 --> 00:05:24,100
dissemination of works and 
protection of Rights. 

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On the internet had opee May 
order, the ISP internet service 

118
00:05:27,800 --> 00:05:31,200
provider following a process of 
Investigation and a series of 

119
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warnings to temporarily or 
permanently suspend the internet

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access to those who are caught 
downloading material illegally, 

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Italy. 
The Italian copyright law is 

122
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governed primarily by law. 
April 22nd 1941. 

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N 633 on protection of copyright
and other rights associated with

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00:05:47,900 --> 00:05:52,800
its exercise and article. 2575. 
And following of the civil code 

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00:05:52,900 --> 00:05:56,300
book, five Title, 9 of 
intellectual property rights and

126
00:05:56,300 --> 00:06:01,000
on Industrial inventions article
54 L to 95 States as the 

127
00:06:01,008 --> 00:06:04,300
proprietary rights are regulated
by state law to use, although 

128
00:06:04,300 --> 00:06:06,800
the Advent of the internet. 
Complicate, the identification 

129
00:06:06,800 --> 00:06:10,100
of the place where the activity 
was carried out related or 

130
00:06:10,100 --> 00:06:12,700
neighboring rights related 
rights. 

131
00:06:12,800 --> 00:06:15,500
In German for Vonda shoots 
wrecked often referred to as 

132
00:06:15,500 --> 00:06:18,100
neighboring rights as a more 
direct translation of the French

133
00:06:18,100 --> 00:06:21,200
guavas on our property rights 
granted to people who are not 

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00:06:21,200 --> 00:06:23,700
the author of the work in the 
creative sense of the term 

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00:06:24,000 --> 00:06:26,400
typically these include 
performers producers of 

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00:06:26,400 --> 00:06:31,600
phonograms records CDs, Etc. 
Producers of films as opposed to

137
00:06:31,600 --> 00:06:34,900
directors or script writers and 
broadcasting organizations 

138
00:06:35,200 --> 00:06:37,800
related rights, are generally 
more restricted than authors 

139
00:06:37,800 --> 00:06:40,700
rights, in civil law countries, 
although they may be equivalent 

140
00:06:40,700 --> 00:06:42,700
in common law. 
Countries were both fall under 

141
00:06:42,700 --> 00:06:46,000
the same concept of copyright. 
They are not directly covered by

142
00:06:46,000 --> 00:06:48,700
the Berne convention but are 
internationally protected by 

143
00:06:48,700 --> 00:06:51,400
other treaties such as the Rome 
convention for the protection of

144
00:06:51,400 --> 00:06:54,100
performers, producers of 
phonograms and broadcasting 

145
00:06:54,100 --> 00:06:57,500
organizations database. 
Write a database, write as a 

146
00:06:57,500 --> 00:06:59,200
suicide generous property, 
right? 

147
00:06:59,200 --> 00:07:02,000
Comparable to But distinct from 
copyright, that exist, to 

148
00:07:02,000 --> 00:07:05,000
recognize the investment that is
made in compiling a database. 

149
00:07:05,100 --> 00:07:07,700
Even when this does not involve 
the creative aspect that is 

150
00:07:07,700 --> 00:07:11,000
reflected by copyright, such 
rights are often referred to in 

151
00:07:11,000 --> 00:07:14,400
the plural database writes. 
The trips agreement requires 

152
00:07:14,400 --> 00:07:17,100
that copyright protection 
extends to databases and other 

153
00:07:17,100 --> 00:07:20,200
compilations if they constitute 
intellectual creation by virtue 

154
00:07:20,200 --> 00:07:22,300
of the selection or arrangement 
of their contents. 

155
00:07:22,400 --> 00:07:24,900
Even if some or all of the 
contents do not themselves. 

156
00:07:24,900 --> 00:07:28,700
Constitute materials protected 
by copyright many countries act 

157
00:07:28,700 --> 00:07:31,300
in accordance with this. 
Choir meant as databases are 

158
00:07:31,300 --> 00:07:34,300
protected by copyright if this 
condition is met and there is no

159
00:07:34,300 --> 00:07:35,900
separate intellectual property, 
right? 

160
00:07:35,900 --> 00:07:39,300
Protecting databases or any 
aspects of them that do not meet

161
00:07:39,300 --> 00:07:41,100
the condition for copyright 
protection. 

162
00:07:41,500 --> 00:07:43,500
The database, right? 
Extends protection over 

163
00:07:43,500 --> 00:07:46,400
databases which does not depend 
on the condition required for 

164
00:07:46,400 --> 00:07:48,500
copyright. 
Protection and is recognised 

165
00:07:48,500 --> 00:07:50,500
only in a small number of 
jurisdictions. 

166
00:07:50,600 --> 00:07:54,000
Most notably the European Union 
countries that recognize 

167
00:07:54,000 --> 00:07:59,000
database rights, European Union 
in European Union, law database 

168
00:07:59,000 --> 00:08:02,700
rights are He coded, for example
suae generous laws on the 

169
00:08:02,700 --> 00:08:04,600
copying and dissemination of 
information. 

170
00:08:04,600 --> 00:08:07,900
And computer databases, these 
rights were first introduced in 

171
00:08:07,908 --> 00:08:12,600
1996 on March 11th 1996. 
The Council of the European 

172
00:08:12,600 --> 00:08:17,300
Union passed directive 96 to 90c
of March 11th, 1996 on the legal

173
00:08:17,300 --> 00:08:20,400
protection of databases giving 
specific and separate legal 

174
00:08:20,400 --> 00:08:23,500
rights and limitations to 
certain computer records. 

175
00:08:23,900 --> 00:08:27,400
The law calls these database 
rights rights afforded to manual

176
00:08:27,400 --> 00:08:30,200
records under EU database. 
Rights laws are similar in 

177
00:08:30,200 --> 00:08:33,500
format but not identical. 
To those afforded artistic Works

178
00:08:33,900 --> 00:08:36,100
database rights last for 15 
years. 

179
00:08:36,400 --> 00:08:39,000
Each time a database is 
substantially modified. 

180
00:08:39,100 --> 00:08:42,200
However a new set of rights are 
created for that database. 

181
00:08:42,600 --> 00:08:45,500
An owner has the right to object
to the copying of substantial 

182
00:08:45,500 --> 00:08:48,400
parts of their database. 
Even if data is extracted and 

183
00:08:48,400 --> 00:08:51,700
reconstructed, piecemeal 
database rights under the EU are

184
00:08:51,700 --> 00:08:55,100
created automatically vested in 
the employers of creators when 

185
00:08:55,100 --> 00:08:58,000
the action of creation was part 
of employment and do not have to

186
00:08:58,000 --> 00:09:01,300
be registered to have effect. 
Database rights are independent 

187
00:09:01,300 --> 00:09:04,700
of copyright, the arrangement, 
selection and presentation of 

188
00:09:04,700 --> 00:09:07,800
the data may be protected by 
copyright while the database as 

189
00:09:07,800 --> 00:09:11,300
a whole can be protected by 
database, right United Kingdom 

190
00:09:11,700 --> 00:09:15,000
on January 1st 1998, the 
copyright and rights and 

191
00:09:15,000 --> 00:09:19,000
databases regulations 1997 came 
into Force, which implemented 

192
00:09:19,000 --> 00:09:22,400
the EU database directive. 
These regulations made a number 

193
00:09:22,400 --> 00:09:26,100
of amendments to the copyright 
designs and patents Act 1988 

194
00:09:26,100 --> 00:09:30,100
with respect to databases a 
database being defined as A 

195
00:09:30,100 --> 00:09:34,400
collection of independent Works 
Data or other materials, which a

196
00:09:34,400 --> 00:09:37,000
are arranged in a systematic or 
methodical way. 

197
00:09:37,100 --> 00:09:41,000
And B are individually 
accessible by electronic or 

198
00:09:41,000 --> 00:09:44,600
other means the regulations 
extend existing copyright law to

199
00:09:44,600 --> 00:09:47,600
databases to the extent that 
they constitute the author's own

200
00:09:47,600 --> 00:09:51,400
intellectual Creation. 
In addition regulations 13 and 

201
00:09:51,400 --> 00:09:55,000
14 create a database, right? 
Database rights automatically 

202
00:09:55,000 --> 00:09:56,700
subsist. 
If there has been a substantial 

203
00:09:56,700 --> 00:09:59,100
investment in obtaining 
verifying or presenting the 

204
00:09:59,108 --> 00:10:02,300
content It's of the database 
such rights remain in force, 

205
00:10:02,300 --> 00:10:05,600
under regulation 17, to, until 
the end of the 15th, calendar 

206
00:10:05,600 --> 00:10:08,000
year from the date on which the 
database was first made 

207
00:10:08,000 --> 00:10:11,200
available to the public during 
that period database. 

208
00:10:11,200 --> 00:10:12,900
Right? 
Will be infringed by any person 

209
00:10:12,900 --> 00:10:16,600
who, without consent extracts or
reuses, all or a substantial 

210
00:10:16,600 --> 00:10:19,300
part of the contents of the 
database, whether all at once, 

211
00:10:19,300 --> 00:10:21,900
or by repeated extractions of in
substantial Parts. 

212
00:10:22,200 --> 00:10:25,400
On the other hand, any lawful 
user of the database has a right

213
00:10:25,400 --> 00:10:29,100
under regulation 19:1 to extract
or reuse in substantial parts of

214
00:10:29,100 --> 00:10:31,000
the data. 
Any purpose and that right 

215
00:10:31,000 --> 00:10:34,500
cannot be restricted by the 
database owner regulation 19 to 

216
00:10:35,000 --> 00:10:36,800
the term. 
Substantial is defined to mean 

217
00:10:36,800 --> 00:10:39,700
substantial in terms of quantity
or quality or a combination of 

218
00:10:39,700 --> 00:10:42,800
both under the brexit. 
Withdrawal agreement database 

219
00:10:42,800 --> 00:10:46,100
rights that existed before 
January 1st 2021 retain 

220
00:10:46,100 --> 00:10:48,900
reciprocal recognition between 
the UK and DEA for their 

221
00:10:48,900 --> 00:10:52,000
original duration while those 
created on or after that, date 

222
00:10:52,000 --> 00:10:54,700
are only protected within the 
Creator's jurisdiction, either 

223
00:10:54,700 --> 00:10:59,500
the eea or the UK Russia in 
article 1260. 

224
00:10:59,600 --> 00:11:02,400
Of the civil code of Russia. 
A database is a collection of 

225
00:11:02,400 --> 00:11:05,800
independent materials presented 
in an objective form, articles 

226
00:11:05,900 --> 00:11:09,500
accounts, legal texts, judicial 
decisions and other similar 

227
00:11:09,500 --> 00:11:12,200
materials which are 
systematically arranged in a way

228
00:11:12,200 --> 00:11:14,600
that these materials can be 
found in processed by a 

229
00:11:14,600 --> 00:11:16,800
computer. 
A database need not be 

230
00:11:16,800 --> 00:11:19,800
registered to enjoy legal 
protection but the civil code of

231
00:11:19,800 --> 00:11:22,400
Russia provides for the 
registration of rights which is 

232
00:11:22,400 --> 00:11:24,000
useful. 
If the claims are disputed in 

233
00:11:24,008 --> 00:11:27,000
court, Russia, generally follows
the EU model. 

234
00:11:27,100 --> 00:11:30,100
There are some differences 
countries that do not Cognise 

235
00:11:30,100 --> 00:11:33,300
database rights. 
United States on Creative 

236
00:11:33,300 --> 00:11:36,100
collections of facts are outside
of congressional Authority Under

237
00:11:36,100 --> 00:11:40,100
the copyright Clause Article 1 
Section, 8 Clause, 8 of the 

238
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United States Constitution. 
Therefore, no database, right 

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00:11:43,200 --> 00:11:46,200
exists in the United States. 
Originality is the sin 

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00:11:46,200 --> 00:11:48,400
acquaintance of copyright in the
United States. 

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00:11:48,600 --> 00:11:51,400
See Feist Publications V, Rural 
Telephone service. 

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00:11:51,900 --> 00:11:54,300
This has not stopped database 
owners lobbying for the 

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00:11:54,300 --> 00:11:57,200
introduction of such a right, 
but so far bills to introduce 

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00:11:57,200 --> 00:11:58,600
it. 
In the US have been prevented by

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00:11:58,600 --> 00:12:01,000
the successful lobbying. 
Being of research libraries 

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00:12:01,000 --> 00:12:03,600
consumer groups and firms who 
benefit from the free use of 

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00:12:03,608 --> 00:12:08,000
factual information, Australia. 
No specific law exists in 

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00:12:08,000 --> 00:12:10,800
Australia. 
Protecting databases databases. 

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00:12:10,800 --> 00:12:13,900
May only be protected if they 
fall under General copyright law

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00:12:14,300 --> 00:12:16,900
Australian copyright. 
Law regarding compilations is 

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00:12:16,900 --> 00:12:20,500
currently examined in case law, 
where an initial case Telstra V 

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00:12:20,500 --> 00:12:23,300
desktop Marketing Systems was 
successfully litigated by 

253
00:12:23,300 --> 00:12:25,600
Telstra establishing a database,
right? 

254
00:12:25,700 --> 00:12:29,500
However, this was overturned in 
a later, ruling Ice tv9 network 

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00:12:29,700 --> 00:12:32,500
Were sufficient creativity was 
established as the defining 

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00:12:32,500 --> 00:12:34,900
characteristic of copyright 
Brazil. 

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00:12:35,300 --> 00:12:40,300
In Brazil federal law number 
9610 of 1998, the law of the 

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00:12:40,300 --> 00:12:43,400
authorial rights confers 
database owners exclusive 

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00:12:43,400 --> 00:12:46,500
rights, specifically for copying
distribution and translation of 

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00:12:46,508 --> 00:12:49,800
databases the same law. 
Also states that this right is 

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00:12:49,800 --> 00:12:52,200
contingent upon the database 
being the result of an 

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00:12:52,200 --> 00:12:54,300
intellectual creation, which may
be deemed. 

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00:12:54,300 --> 00:12:57,600
So, based on the selection 
organization or disposition of 

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00:12:57,608 --> 00:13:00,800
its content, therefore 
Consistent with international 

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00:13:00,800 --> 00:13:03,700
law and the position in many 
jurisdictions legislation in 

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00:13:03,700 --> 00:13:05,700
Brazil. 
May or may not offer copyright 

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00:13:05,700 --> 00:13:08,500
protection to databases 
depending on how the database 

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00:13:08,500 --> 00:13:09,000
was.