https://wiki.creativecommons.org/api.php?action=feedcontributions&feedformat=atom&user=CCID-JethetCreative Commons - User contributions [en]2026-04-22T07:42:02ZUser contributionsMediaWiki 1.30.0https://wiki.creativecommons.org/index.php?title=OER_Project&diff=117416OER Project2019-10-23T17:51:46Z<p>CCID-Jethet: </p>
<hr />
<div>OER stands for open educational resources. These resources consist of materials for teaching or learning. They are called open resources because they are in the public domain, available to everyone. Materials that are released under a license allowing them to be freely used, altered, and shared with others also fall within the OER category. This may include courses and tutorials as well as tools such as software. For more information see [[What is OER?]]<br />
<br />
There are many ways you can help develop the OER Project and the open educational community. Below you will find a list of ways you can contribute to the project.<br />
<br />
==Pages==<br />
Pages that are '''open''' to edits:<br />
<br />
{{#ask: [[Category:OER Project]][[Protected::no]]|format=ul}}<br />
<br />
Pages '''closed''' to public edits (you can make comments and suggestions by visiting their corresponding Talk pages):<br />
<br />
{{#ask: [[Category:OER Project]][[Protected::yes]]|format=ul}}<br />
<br />
==Databases==<br />
We maintain several wiki-databases related to OER.<br />
<br />
===[[ODEPO]]===<br />
[[ODEPO]] (Open Database of Educational Projects and Organizations) is a wiki-database of organizations involved in providing educational content online. You can contribute to this project by:<br />
<br />
* [[ODEPO Open Tasks|Adding information to incomplete entries]]<br />
* [[:Special:FormEdit/Organization|Adding projects or organizations]]<br />
* [http://wiki.creativecommons.org/Special:BrowseData/Organization?_single Correcting data]<br />
<br />
===[[OER Resources]]===<br />
OER Resources is a database of resources about OER such as articles, publications, news, videos, etc. You can contribute by:<br />
<br />
* [http://wiki.creativecommons.org/Special:BrowseData/OER_Resources?_single Adding information to incomplete entries]<br />
* [[OER_Resources_to_add|Adding projects or organizations]]<br />
* [http://wiki.creativecommons.org/Special:BrowseData/OER_Resources?_single Correcting data]<br />
<br />
=== Adding a page ===<br />
<br />
To add a page to the OER project, simply call the template <nowiki>{{OER Nav}}</nowiki> on the page.<br />
<br />
{{OER Nav}}<br />
<br />
{{Translations<br />
| articles = Pt:Projecto OER<br />
}}</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=OER_Project&diff=117415OER Project2019-10-23T17:50:46Z<p>CCID-Jethet: </p>
<hr />
<div>OER stands for open educational resources. These resources consist of materials for teaching or learning. They are called open resources because they are in the public domain, available to everyone. Materials that are released under a license allowing them to be freely used, altered, and shared with others also fall within the OER category. This may include courses and tutorials as well as tools such as software. For more information see [[What is OER?]]<br />
<br />
There are many ways you can help develop the OER Project and the open educational community. Below you will find a list of ways you can volunteer a few minutes of your time.<br />
<br />
==Pages==<br />
Pages that are '''open''' to edits:<br />
<br />
{{#ask: [[Category:OER Project]][[Protected::no]]|format=ul}}<br />
<br />
Pages '''closed''' to public edits (you can make comments and suggestions by visiting their corresponding Talk pages):<br />
<br />
{{#ask: [[Category:OER Project]][[Protected::yes]]|format=ul}}<br />
<br />
==Databases==<br />
We maintain several wiki-databases related to OER.<br />
<br />
===[[ODEPO]]===<br />
[[ODEPO]] (Open Database of Educational Projects and Organizations) is a wiki-database of organizations involved in providing educational content online. You can contribute to this project by:<br />
<br />
* [[ODEPO Open Tasks|Adding information to incomplete entries]]<br />
* [[:Special:FormEdit/Organization|Adding projects or organizations]]<br />
* [http://wiki.creativecommons.org/Special:BrowseData/Organization?_single Correcting data]<br />
<br />
===[[OER Resources]]===<br />
OER Resources is a database of resources about OER such as articles, publications, news, videos, etc. You can contribute by:<br />
<br />
* [http://wiki.creativecommons.org/Special:BrowseData/OER_Resources?_single Adding information to incomplete entries]<br />
* [[OER_Resources_to_add|Adding projects or organizations]]<br />
* [http://wiki.creativecommons.org/Special:BrowseData/OER_Resources?_single Correcting data]<br />
<br />
=== Adding a page ===<br />
<br />
To add a page to the OER project, simply call the template <nowiki>{{OER Nav}}</nowiki> on the page.<br />
<br />
{{OER Nav}}<br />
<br />
{{Translations<br />
| articles = Pt:Projecto OER<br />
}}</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=OER_Project&diff=117414OER Project2019-10-23T11:20:29Z<p>CCID-Jethet: </p>
<hr />
<div>OER stands for open educational resources. These resources consist of materials for teaching or learning. They are called open resources because they are in the public domain, available to everyone. Materials that are released under a license allowing them to be freely used, altered, and shared with others also fall within the OER category. This may include courses and tutorials as well as tools such as software. For more information see [[What is OER?]].<br />
<br />
There are many ways you can help develop the OER Project and the open educational community. Below you will find a list of ways you can volunteer a few minutes of your time.<br />
<br />
==Pages==<br />
Pages that are '''open''' to edits:<br />
<br />
{{#ask: [[Category:OER Project]][[Protected::no]]|format=ul}}<br />
<br />
Pages '''closed''' to public edits (you can make comments and suggestions by visiting their corresponding Talk pages):<br />
<br />
{{#ask: [[Category:OER Project]][[Protected::yes]]|format=ul}}<br />
<br />
==Databases==<br />
We maintain several wiki-databases related to OER.<br />
<br />
===[[ODEPO]]===<br />
[[ODEPO]] (Open Database of Educational Projects and Organizations) is a wiki-database of organizations involved in providing educational content online. You can contribute to this project by:<br />
<br />
* [[ODEPO Open Tasks|Adding information to incomplete entries]]<br />
* [[:Special:FormEdit/Organization|Adding projects or organizations]]<br />
* [http://wiki.creativecommons.org/Special:BrowseData/Organization?_single Correcting data]<br />
<br />
===[[OER Resources]]===<br />
OER Resources is a database of resources about OER such as articles, publications, news, videos, etc. You can contribute by:<br />
<br />
* [http://wiki.creativecommons.org/Special:BrowseData/OER_Resources?_single Adding information to incomplete entries]<br />
* [[OER_Resources_to_add|Adding projects or organizations]]<br />
* [http://wiki.creativecommons.org/Special:BrowseData/OER_Resources?_single Correcting data]<br />
<br />
=== Adding a page ===<br />
<br />
To add a page to the OER project, simply call the template <nowiki>{{OER Nav}}</nowiki> on the page.<br />
<br />
{{OER Nav}}<br />
<br />
{{Translations<br />
| articles = Pt:Projecto OER<br />
}}</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=OER_Project&diff=117413OER Project2019-10-23T11:08:31Z<p>CCID-Jethet: Add short explanation of OER</p>
<hr />
<div>OER stands for open educational resources. These resources consist of materials for teaching or learning. They are called open resources because they are in the public domain, available to everyone. Materials that are released under a license allowing them to be freely used, altered, and shared with others also fall within the OER category. This may include courses and tutorials as well as tools such as software.<br />
<br />
There are many ways you can help develop the OER Project and the open educational community. Below you will find a list of ways you can volunteer a few minutes of your time.<br />
<br />
==Pages==<br />
Pages that are '''open''' to edits:<br />
<br />
{{#ask: [[Category:OER Project]][[Protected::no]]|format=ul}}<br />
<br />
Pages '''closed''' to public edits (you can make comments and suggestions by visiting their corresponding Talk pages):<br />
<br />
{{#ask: [[Category:OER Project]][[Protected::yes]]|format=ul}}<br />
<br />
==Databases==<br />
We maintain several wiki-databases related to OER.<br />
<br />
===[[ODEPO]]===<br />
[[ODEPO]] (Open Database of Educational Projects and Organizations) is a wiki-database of organizations involved in providing educational content online. You can contribute to this project by:<br />
<br />
* [[ODEPO Open Tasks|Adding information to incomplete entries]]<br />
* [[:Special:FormEdit/Organization|Adding projects or organizations]]<br />
* [http://wiki.creativecommons.org/Special:BrowseData/Organization?_single Correcting data]<br />
<br />
===[[OER Resources]]===<br />
OER Resources is a database of resources about OER such as articles, publications, news, videos, etc. You can contribute by:<br />
<br />
* [http://wiki.creativecommons.org/Special:BrowseData/OER_Resources?_single Adding information to incomplete entries]<br />
* [[OER_Resources_to_add|Adding projects or organizations]]<br />
* [http://wiki.creativecommons.org/Special:BrowseData/OER_Resources?_single Correcting data]<br />
<br />
=== Adding a page ===<br />
<br />
To add a page to the OER project, simply call the template <nowiki>{{OER Nav}}</nowiki> on the page.<br />
<br />
{{OER Nav}}<br />
<br />
{{Translations<br />
| articles = Pt:Projecto OER<br />
}}</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117412Data2019-10-23T10:29:12Z<p>CCID-Jethet: Clarify and simplify by avoiding long sentences and words such as 'however', 'notwithstanding', etc. Replace some very specific terminology with text that will be understood by non-Americans. Correct various errors in grammar and typos.</p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data in general==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is an NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, these rights prevent the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited without express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide this information when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no clearly defined rule or standard for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. The SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117411Data2019-10-23T10:20:21Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data in general==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is an NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, these rights prevent the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited without some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide this information when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no clearly defined rule or standard for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. The SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117410Data2019-10-23T10:19:16Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data in general==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is an NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, these rights prevent the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited without some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide this information when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. The SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117409Data2019-10-23T10:14:43Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data in general==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is an NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, these rights prevent the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117408Data2019-10-23T09:52:49Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data in general==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, these rights prevent the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117407Data2019-10-23T09:50:54Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data in general==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]]. If an ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117406Data2019-10-23T09:48:00Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data in general==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117405Data2019-10-23T09:47:04Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. In the case of (as noted above) the court in the United States that held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117404Data2019-10-23T09:44:40Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, the reproduction, distribution, or modification of the database will often be restricted by copyright law. It is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117403Data2019-10-23T09:36:52Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States found an alphabetical telephone directory to be insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area was considered to meet this criterion.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117402Data2019-10-23T09:34:27Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
There are four components of a database to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States considered an alphabetical telephone directory insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117401Data2019-10-23T09:31:19Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights. <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and would be necessary only for the license permission. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117400Data2019-10-23T09:26:52Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important are related to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure. These licenses do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand, apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117399Data2019-10-23T09:12:13Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly covers databases subject to copyright and/or sui generis database rights. The conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117398Data2019-10-23T09:08:50Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if a substantial portion of a CC-licensed database is extracted and used in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require the user to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117397Data2019-10-23T09:05:51Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights - but not copyright - are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117396Data2019-10-23T09:03:27Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], the above considerations do not apply and you may conduct text and data mining activity.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117395Data2019-10-23T09:01:17Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to this adaptation. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117394Data2019-10-23T08:53:17Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. If a licensor chooses to do so, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117393Data2019-10-23T08:51:39Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). Unlike copyright, database rights protect the maker's investment and not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. It is possible for licensors to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117392Data2019-10-23T08:46:06Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. Whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117391Data2019-10-23T08:31:58Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database they want covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117390Data2019-10-23T08:30:50Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If database makers decide to license the database without securing permission from the author(s) of the database contents, they should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117389Data2019-10-23T08:28:29Z<p>CCID-Jethet: Clarify and simplify by avoiding long sentences and words such as 'however', 'notwithstanding', etc.</p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, database providers should first make sure they have all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117388Data2019-10-23T08:23:32Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]], to the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117387Data2019-10-23T08:21:15Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not their originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]] then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117384Data2019-10-22T16:03:34Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]] then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117383Data2019-10-22T16:01:38Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give limited permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]] then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117380Data2019-10-22T15:03:31Z<p>CCID-Jethet: </p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. This contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when data is used across organizational boundaries. There are legal aspects involved in this. Many sites give narrow permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]] then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117379Data2019-10-22T14:41:46Z<p>CCID-Jethet: Improve clarity of first paragraph</p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. It contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when it is used across organizational boundaries. There are legal aspects involved in this. Many sites give narrow permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
[[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]] then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
It is possible to conduct mining activities on a CC-licensed database. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. As there are many different methods for conducting text and data mining, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117378Data2019-10-22T14:37:08Z<p>CCID-Jethet: Improve clarity of first paragraph</p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. It contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A large part of the potential value of data is realized when it is used across organizational boundaries. There are legal aspects involved in this. Many sites give narrow permission to use data via terms of service. There is much ad hoc data sharing among researchers. Increasingly, sharing of data is facilitated by distribution under standard public legal tools. These tools are used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
Yes, [[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]] then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Data&diff=117377Data2019-10-22T13:56:05Z<p>CCID-Jethet: Improve clarity of first paragraph</p>
<hr />
<div><noinclude><br />
''This page supersedes [[Databases and Creative Commons]].''<br />
<br />
In today's society, the potential value of data is very high. Access to more data facilitates enhanced scientific collaboration and reproducibility, more efficient markets, increased government and corporate transparency. It contributes to accelerated discovery and understanding of solutions to planetary and societal needs.<br />
<br />
A big part of the society-wide potential value of data,is realized when it is used across organizational boundaries. How does this occur legally? Many sites give narrow permission to use data via terms of service. Much ad hoc data sharing also occurs among researchers. And increasingly, sharing of data is facilitated by distribution under standard public legal tools used to manage copyright and similar restrictions that might otherwise limit dissemination or reuse of data, e.g. [http://creativecommons.org/licenses/ CC licenses] or the [[CC0]] public domain dedication.<br />
<br />
Many organizations, institutions, and governments are using CC tools for data. For case studies about how these tools are applied, see:<br />
<br />
:[[Data_and_CC_licenses|Uses of CC Licenses with Data and Databases]]<br />
:[[CC0_use_for_data|Uses of CC0 with Data and Databases]]<br />
</noinclude><br />
<includeonly>==</includeonly>==Frequently asked questions about data and CC licenses==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Can databases be released under CC licenses?===<includeonly>==</includeonly><br />
Yes, [[Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F|CC licenses can be used to license databases]]. The most recent version (4.0) may be used to license databases subject to copyright and, where applicable, sui generis database rights. Sui generis database rights prevent copying and reusing of [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial parts]] of a database (including frequent extraction of insubstantial parts). However unlike copyright, database rights protect the maker's investment, not originality. <br />
<br />
CC does not recommend use of its NonCommercial (NC) or NoDerivatives (ND) licenses on databases intended for scholarly or scientific use. <br />
<br />
In addition to our licenses, the [[CC0_FAQ|CC0 Public Domain Dedication]] may be used on databases to maximize reuse of databases. When applied, the effect is to waive all copyright and related rights in the database and its contents, placing it as close as possible into the worldwide public domain. In certain domains, such as science and government, there are important reasons to consider using CC0. Waiving copyright and related rights eliminates all uncertainty for potential users, encouraging maximal reuse and sharing of information.<br />
<br />
<includeonly>==</includeonly>===When a CC license is applied to a database, what is being licensed?===<includeonly>==</includeonly><br />
The license terms and conditions apply to the database structure (its selection and arrangement, [[Data#Which_components_of_databases_are_protected_by_copyright.3F|to the extent copyrightable]]), its contents (if copyrightable), and in those instances where the database maker has [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F|sui generis database rights]] then the rights that are granted those makers. Notwithstanding, licensors can choose to license some rather than all of the rights they have in a database. Creative Commons advises against this practice. However, if a licensor chooses to do so anyway, we strongly encourage licensors to clearly demarcate what is and is not licensed. See [[Data#How_do_I_apply_a_CC_legal_tool_to_a_database.3F|below]] for more information regarding how to provide clear notice of what is licensed.<br />
<br />
<includeonly>==</includeonly>===How do I apply a CC legal tool to a database?===<includeonly>==</includeonly><br />
<br />
Before making a database available under a CC license, a database provider should first make sure she has all rights necessary to do so. Often, the database provider is not the original author of the database contents. If that is the case, the database provider should secure separate permission from the other author(s) before publishing the database under a CC legal tool. If a database maker decides to license the database without securing permission from the author(s) of the database contents, it should clearly indicate the material for which permission has not been secured and clearly mark the material as not being offered under the terms of the license. For more information, read our [[Considerations_for_licensors_and_licensees#Considerations_for_licensors|pre-licensing]] guidelines.<br />
<br />
Database providers should also consider carefully what elements of the database she wants covered by the CC legal tool and identify those elements in a manner that reusers will see and understand. Please see our [[Marking_your_work_with_a_CC_license|marking page]] for more information on how to clearly distinguish unlicensed content.<br />
<br />
<includeonly>==</includeonly>===How do the different CC license elements operate for a CC-licensed database?===<includeonly>==</includeonly><br />
Under version 4.0, if an NC license has been applied then any use of the licensed database or its contents [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_copyright.3F|that is restricted by copyright law]] or [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F|sui generis database rights]] requires compliance with the [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|NC term]], even if the database is not publicly shared. The other license elements (BY, ND, and SA, as applicable) must be complied with only if your use is so restricted and public sharing is involved. Learn more about how to comply when [[Data#If_my_use_of_a_database_is_restricted_by_copyright.2C_how_do_I_comply_with_the_license.3F|your use implicates copyright]] and/or [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|sui generis database rights]]. <br />
<br />
Prior CC license versions do not require compliance with the license restrictions or conditions when only sui generis database rights (and not copyright) are implicated. Please see below for more detail about [[Data#If_my_use_of_a_database_is_restricted_by_sui_generis_database_rights.2C_how_do_I_comply_with_the_license.3F|how this works in the current]] and [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|prior versions]] of the licenses.<br />
<br />
<includeonly>==</includeonly>===Can I conduct text/data mining on a CC-licensed database?===<includeonly>==</includeonly><br />
<br />
Yes. However, you should be aware that whether you have to comply with the CC license terms and conditions will depend on whether the type of mining activity you conduct implicates copyright or any applicable sui generis database rights. If you are not exercising an exclusive right held by the database maker, then you do not need to rely on the license to mine. Because there are many different methods for conducting text and data mining, however, there may be some types of mining activities that will implicate the licensed rights. <br />
<br />
'''''If and only if your particular use is one that would require permission''''', you should note the following: <br />
* ''Permission:'' All six of the 4.0 licenses allow for text and data mining by granting express permission to privately reproduce, extract, and reuse the contents of a licensed database and create adapted databases. <br />
* ''Commercial purposes:'' If you are conducting text and data mining for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]], you should not mine NC-licensed databases or other material. <br />
* ''Outputs:'' If you publicly share the results of your mining activity or the data you mined, you should attribute the rights holder. If what you publicly share qualifies as an adaptation of the licensed material, you should not mine ND-licensed material. If you share an adaptation of material under an SA license, you must apply the same license to the adaptation that results. <br />
<br />
[[Frequently_Asked_Questions#Do_I_always_have_to_comply_with_the_license_terms.3F_If_not.2C_what_are_the_exceptions.3F|If your use is not one that requires permission under the license]], you may conduct text and data mining activity without regard to the above considerations.<br />
<br />
<includeonly>==</includeonly>===How does the treatment of sui generis database rights vary in prior versions of CC licenses?===<includeonly>==</includeonly><br />
<br />
As explained [[Data#Can_databases_be_released_under_CC_licenses.3F|above]], the current version of the CC license suite (4.0) licenses sui generis database rights in addition to copyright and other closely related rights. Past versions of CC licenses operate differently with respect to sui generis database rights. <br />
<br />
In the CC version 3.0 licenses, the legal treatment of sui generis database rights varies, but the practical result is always the same: compliance with the license restrictions and conditions is not required where sui generis database rights--but not copyright--are implicated. This means that if someone extracts a substantial portion of a CC-licensed database and uses it in a way that does not implicate copyright (e.g., by rearranging purely factual data), the license does not require her to attribute the licensor or comply with any other restrictions or conditions, even if the database is protected by sui generis database rights.<br />
<br />
While this result is the same across all CC version 3.0 licenses, the reason for this outcome varies. In the 3.0 licenses ported to the laws of EU jurisdictions, the scope of the licenses expressly cover databases subject to copyright and/or sui generis database rights. However, the conditions of the license are explicitly waived when use of the licensed work only involves the exercise of database rights.<br />
<br />
By contrast, the 3.0 unported licenses and all other ported licenses do not expressly license sui generis database rights. As a result, those licenses do not apply when sui generis database rights alone are implicated. This means a licensee may need separate permission to use the database in a way that implicates sui generis database rights (although arguably an implied license to exercise those rights may be deemed granted in some jurisdictions).<br />
<br />
More information on the underlying 3.0 policy decision the treatment of sui generis database rights those licenses can be found [[Media:V3_Database_Rights.pdf|on our wiki (.pdf)]].<br />
<br />
<includeonly>==</includeonly>===What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?===<includeonly>==</includeonly><br />
<br />
The [http://opendatacommons.org/licenses/odbl/1.0/ Open Database License (ODbL)] and the [http://opendatacommons.org/licenses/by/1.0/ Open Data Commons Attribution License (ODC-BY)] are licenses designed specifically for use on databases and not on other types of material. There are many differences between those licenses and CC licenses, but the most important to be aware of relate to license scope and operation. The ODC licenses apply only to sui generis database rights and any copyright in the database structure, they do not apply to the individual contents of the database. The latest version of the CC licenses on the other hand apply to sui generis database rights and all copyright and neighboring rights in the database structure as well as the contents. (See [[Data#How_does_the_treatment_of_sui_generis_database_rights_vary_in_prior_versions_of_CC_licenses.3F|above]] for more detail about how past versions of CC licenses vary with respect to sui generis database rights.) <br />
<br />
Another important difference is that ODC licenses may create contractual obligations even in jurisdictions where database rights would not otherwise exist and but for the license permission would not be necessary. CC has crafted its licenses to ensure that they [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|never impose obligations where permission is not otherwise required]] to use the licensed material.<br />
<br />
<includeonly>==</includeonly>==Frequently asked questions about data, generally==<includeonly>==</includeonly><br />
<includeonly>==</includeonly>===Which components of databases are protected by copyright?===<includeonly>==</includeonly><br />
With databases, there are likely four components to consider: (1) the database model or structure, (2) the data entry and output sheet, (3) field names, and (4) the data or other content.<br />
<br />
The '''database model''' refers to how a database is structured and organized, including database tables and table indexes. The selection, coordination, and arrangement of the database is subject to copyright if it is sufficiently original. The originality threshold is fairly low in many jurisdictions. For example, while courts in the United States have held that an alphabetical telephone directory was insufficiently original to merit copyright protection, an organized directory of Chinese-American businesses in a particular area did.<ref>Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc., 945 F.2d 509 (2d Cir. 1991).</ref> These determinations are very fact-specific (no pun intended) and vary by jurisdiction.<br />
<br />
The '''data entry and output sheets''' contain questions, and the answers to these questions are stored in a database. For example, a web page asking a scientist to enter a gene’s name, its pathway information, and its ontology would constitute a data entry sheet. The format and layout of these sheets are protected by copyright according to the same standard of originality used to determine if the database model is copyrightable.<br />
<br />
'''Field names''' describe the contents or data. For example, “address” might be the name of the field for street address information. These are less likely to be protected by copyright because they often lack sufficient originality.<br />
<br />
The '''data''' or other contents contained in the database are subject to copyright if they are sufficiently creative. Original poems contained in a database would be protected by copyright, but purely factual data (such as gene names or city populations) would not. Facts are not subject to copyright, nor are the ideas underlying copyrighted content.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by copyright?===<includeonly>==</includeonly><br />
When the database structure or its contents is subject to copyright, reproducing, distributing, or modifying the database will often be restricted by copyright law. However, it is important to note that some uses of a copyrighted database will not be restricted by copyright. It may be possible, for example, to rearrange or modify the uncopyrightable data in a way that does not implicate the copyright in the database structure. For example, while (as noted above) a court in the United States held that a directory of Chinese-American businesses was restricted by copyright, the same court went on to hold that a directory that duplicated hundreds of its listings was not infringing because the listings were categorized and arranged in a sufficiently dissimilar way. In those situations, compliance with the license conditions is not required unless the database contents are themselves restricted by copyright.<br />
<br />
Similarly, even where database contents are subject to copyright and published under a CC license, use of the facts and ideas embedded within the contents will not require attribution (or compliance with other applicable license conditions), unless doing so implicates copyright in the database structure as explained above. This [[Frequently_Asked_Questions#How_do_CC_licenses_operate.3F|important limitation of all CC licenses]] is highlighted on the license deeds in the Notice section, where we emphasize that compliance with the license is not required for elements of the material in the public domain.<br />
<br />
<includeonly>==</includeonly>===If my use of a database is restricted by copyright, how do I comply with the license?===<includeonly>==</includeonly><br />
All CC licenses require that you attribute the licensor when your use involves public sharing. Your other obligations depend on the particular CC license applied to the database. If it is a NC license, any regulated use must be limited to [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|noncommercial purposes]] only. If a ND is applied, you may produce an adapted database but cannot share it publicly. If it is a ShareAlike (SA) license, you must apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any adaptation of the database you share publicly. <br />
<br />
<span id="What_are_sui_generis_database_rights.3F"></span><br />
<includeonly>==</includeonly>===Which components of a database are protected by sui generis database rights?===<includeonly>==</includeonly><br />
In contrast to copyright, sui generis database rights are designed to protect a maker's substantial investment in a database. In particular, the right prevents the unauthorized extraction and reuse of a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the contents.<br />
<br />
<includeonly>==</includeonly>===How do I know whether a particular use of a database is restricted by sui generis database rights?===<includeonly>==</includeonly><br />
<br />
When a database is subject to sui generis database rights, extracting and reusing a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents is prohibited absent some express exception. <br />
<br />
'''It is important to remember that sui generis database rights exist in only a few countries outside the [http://en.wikipedia.org/wiki/Database_Directive#Implementation European Union], such as Korea and Mexico. Generally, if you are using a CC-licensed database in a location where those rights do not exist, you do not have to comply with license restrictions or conditions unless copyright (or some other licensed right) is implicated.'''<br />
<br />
Note that if you are using a database in a jurisdiction where you must respect database rights, and you receive a CC-licensed work from someone located in a jurisdiction without database rights, you should determine whether database rights exist and have been licensed. If so, you need to properly mark and attribute as the license requires, since the person from whom you received the database may not have been required to keep that information. If you are using a licensed database and you do not have to comply with the license terms because such rights do not exist in your jurisdiction, we recommend that you retain this information where possible. Doing so assists downstream reusers who are required to provide it when they share further.<br />
<br />
<includeonly>==</includeonly>===What constitutes a “substantial portion” of a database?===<includeonly>==</includeonly><br />
There is no bright line test for what constitutes a “substantial portion”. The answer will depend on the law in the relevant jurisdiction. Note that what constitutes a substantial portion is determined both quantitatively and qualitatively. Also, using several insubstantial portions can add up to a substantial portion. <br />
<br />
<span id="How_(if_at_all)_are_sui_generis_database_rights_addressed_in_CC_licenses.3F'"></span><br />
<includeonly>==</includeonly>===If my use of a database is restricted by sui generis database rights, how do I comply with the license?===<includeonly>==</includeonly><br />
<br />
If the database is released under the current version (4.0) of CC licenses, you must attribute the licensor if you share a [[Data#What_constitutes_a_.E2.80.9Csubstantial_portion.E2.80.9D_of_a_database.3F|substantial portion]] of the database contents. The other requirements depend on the particular license applied to the database. Under the NC licenses, you may not extract and reuse a substantial portion of the database contents for [[Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|commercial purposes]]. The ND licenses prohibit you from including a substantial portion of the database contents in another publicly shared database in which you have sui generis database rights of your own. And finally, the SA licenses require you to apply the same or a [[FAQ#If_I_derive_or_adapt_material_offered_under_a_Creative_Commons_license.2C_which_CC_license.28s.29_can_I_use.3F|compatible license]] to any database you share publicly and in which you include a substantial portion of the licensed database contents. Note that this does '''not''' require you to ShareAlike any copyright or other rights you have in the individual contents of the database.<br />
<br />
== Notes ==<br />
<references/><br />
<br />
<noinclude><br />
[[Category:FAQ]]<br />
</noinclude></div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Wiki&diff=117376Wiki2019-10-21T10:48:17Z<p>CCID-Jethet: Write text for Editing Wiki page, based on definition from Widipedia</p>
<hr />
<div><br />
<br />
<br />
A '''wiki''' is a knowledge base website on which users collaboratively modify content and structure directly from the web browser. In a typical wiki, text is written using a simplified markup language and often edited with the help of a rich-text editor. Many wikis are available under [https://creativecommons.org/licenses/ Creative Commons licenses].<br />
<br />
A wiki is run using wiki software, otherwise known as a wiki engine. A wiki engine is a type of content management system, but it differs from most other such systems, including blog software, in that the content is created without any defined owner or leader, and wikis have little inherent structure, allowing structure to emerge according to the needs of the users. There are dozens of different wiki engines in use, both standalone and part of other software, such as bug tracking systems. Some wiki engines are open-source software, whereas others are proprietary software. Some permit control over different functions (levels of access); for example, editing rights may permit changing, adding, or removing material. Others may permit access without enforcing access control. Other rules may be imposed to organize content.<br />
Source: [https://en.wikipedia.org/wiki/Wiki Wikipedia]</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Wiki&diff=117375Wiki2019-10-21T10:46:27Z<p>CCID-Jethet: </p>
<hr />
<div><br />
<br />
<br />
A '''wiki''' is a knowledge base website on which users collaboratively modify content and structure directly from the web browser. In a typical wiki, text is written using a simplified markup language and often edited with the help of a rich-text editor.Many wikis are available under Creative Commons licenses.<br />
<br />
A wiki is run using wiki software, otherwise known as a wiki engine. A wiki engine is a type of content management system, but it differs from most other such systems, including blog software, in that the content is created without any defined owner or leader, and wikis have little inherent structure, allowing structure to emerge according to the needs of the users. There are dozens of different wiki engines in use, both standalone and part of other software, such as bug tracking systems. Some wiki engines are open-source software, whereas others are proprietary software. Some permit control over different functions (levels of access); for example, editing rights may permit changing, adding, or removing material. Others may permit access without enforcing access control. Other rules may be imposed to organize content.<br />
Source: [https://en.wikipedia.org/wiki/Wiki Wikipedia]</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Wiki&diff=117374Wiki2019-10-21T10:45:05Z<p>CCID-Jethet: </p>
<hr />
<div><br />
<br />
<br />
A '''wiki''' [https://en.wikipedia.org/wiki/Wiki Wiki] is a knowledge base website on which users collaboratively modify content and structure directly from the web browser. In a typical wiki, text is written using a simplified markup language and often edited with the help of a rich-text editor.Many wikis are available under Creative Commons licenses.<br />
<br />
A wiki is run using wiki software, otherwise known as a wiki engine. A wiki engine is a type of content management system, but it differs from most other such systems, including blog software, in that the content is created without any defined owner or leader, and wikis have little inherent structure, allowing structure to emerge according to the needs of the users. There are dozens of different wiki engines in use, both standalone and part of other software, such as bug tracking systems. Some wiki engines are open-source software, whereas others are proprietary software. Some permit control over different functions (levels of access); for example, editing rights may permit changing, adding, or removing material. Others may permit access without enforcing access control. Other rules may be imposed to organize content.</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Wiki&diff=117373Wiki2019-10-21T10:42:37Z<p>CCID-Jethet: Use Wikipedia definition of a wiki</p>
<hr />
<div><br />
<br />
<br />
A '''wiki''' is a knowledge base website on which users collaboratively modify content and structure directly from the web browser. In a typical wiki, text is written using a simplified markup language and often edited with the help of a rich-text editor.Many wikis are available under Creative Commons licenses.<br />
<br />
A wiki is run using wiki software, otherwise known as a wiki engine. A wiki engine is a type of content management system, but it differs from most other such systems, including blog software, in that the content is created without any defined owner or leader, and wikis have little inherent structure, allowing structure to emerge according to the needs of the users. There are dozens of different wiki engines in use, both standalone and part of other software, such as bug tracking systems. Some wiki engines are open-source software, whereas others are proprietary software. Some permit control over different functions (levels of access); for example, editing rights may permit changing, adding, or removing material. Others may permit access without enforcing access control. Other rules may be imposed to organize content.</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Wiki&diff=117372Wiki2019-10-21T10:37:42Z<p>CCID-Jethet: </p>
<hr />
<div>A [[metawikipedia:w:wiki|wiki]] is a website anyone can edit. Many (most?) wikis are available under Creative Commons licenses.<br />
<br />
<br />
A '''wiki''' ({{IPAc-en|audio=en-us-wiki.ogg|ˈ|w|ɪ|k|i}} {{respell|WIK|ee}}) is a [[knowledge base]] [[website]] on which users [[collaborative software|collaboratively]] modify content and structure directly from the [[web browser]]. In a typical wiki, text is written using a simplified [[markup language]] and often edited with the help of a [[Online rich-text editor|rich-text editor]].<ref name="Britannica">{{citation|title=wiki|encyclopedia=[[Encyclopædia Britannica]]|volume=1|publisher=[[Encyclopædia Britannica, Inc.]]|year=2007|location=London|url=http://www.britannica.com/EBchecked/topic/1192819/wiki|accessdate=April 10, 2008|url-status=live|archiveurl=https://web.archive.org/web/20080424074513/http://www.britannica.com/EBchecked/topic/1192819/wiki|archivedate=April 24, 2008}}</ref><br />
<br />
A wiki is run using [[wiki software]], otherwise known as a wiki engine. A wiki engine is a type of [[content management system]], but it differs from most other such systems, including [[blog software]], in that the content is created without any defined owner or leader, and wikis have little inherent structure, allowing structure to emerge according to the needs of the users.<ref name="Easy Wiki Hosting "/> There are dozens of different wiki engines in use, both standalone and part of other software, such as [[bug tracking system]]s. Some wiki engines are [[open-source software|open source]], whereas others are [[proprietary software|proprietary]]. Some permit control over different functions (levels of access); for example, editing rights may permit changing, adding, or removing material. Others may permit access without enforcing access control. Other rules may be imposed to organize content.</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Wiki&diff=117371Wiki2019-10-21T10:36:48Z<p>CCID-Jethet: </p>
<hr />
<div>A [[metawikipedia:w:wiki|wiki]] is a website anyone can edit. Many (most?) wikis are available under Creative Commons licenses.<br />
{{about|the type of website|other uses|Wiki (disambiguation)}}<br />
{{pp-semi-indef}}<br />
{{pp-move-indef}}<br />
{{short description|type of website that visitors can edit}}<br />
{{Use mdy dates|date=July 2019}}<br />
<!--This page is ''not'' for test edits or new page creation. Please read http://en.wikipedia.org/wiki/Wikipedia:Your_first_article. Thank you.--><br />
[[File:Ward Cunningham, Inventor of the Wiki.webm|thumb|right|Interview with [[Ward Cunningham]], inventor of the wiki]]<br />
A '''wiki''' ({{IPAc-en|audio=en-us-wiki.ogg|ˈ|w|ɪ|k|i}} {{respell|WIK|ee}}) is a [[knowledge base]] [[website]] on which users [[collaborative software|collaboratively]] modify content and structure directly from the [[web browser]]. In a typical wiki, text is written using a simplified [[markup language]] and often edited with the help of a [[Online rich-text editor|rich-text editor]].<ref name="Britannica">{{citation|title=wiki|encyclopedia=[[Encyclopædia Britannica]]|volume=1|publisher=[[Encyclopædia Britannica, Inc.]]|year=2007|location=London|url=http://www.britannica.com/EBchecked/topic/1192819/wiki|accessdate=April 10, 2008|url-status=live|archiveurl=https://web.archive.org/web/20080424074513/http://www.britannica.com/EBchecked/topic/1192819/wiki|archivedate=April 24, 2008}}</ref><br />
<br />
A wiki is run using [[wiki software]], otherwise known as a wiki engine. A wiki engine is a type of [[content management system]], but it differs from most other such systems, including [[blog software]], in that the content is created without any defined owner or leader, and wikis have little inherent structure, allowing structure to emerge according to the needs of the users.<ref name="Easy Wiki Hosting "/> There are dozens of different wiki engines in use, both standalone and part of other software, such as [[bug tracking system]]s. Some wiki engines are [[open-source software|open source]], whereas others are [[proprietary software|proprietary]]. Some permit control over different functions (levels of access); for example, editing rights may permit changing, adding, or removing material. Others may permit access without enforcing access control. Other rules may be imposed to organize content.</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Developers&diff=117370Developers2019-10-21T10:32:07Z<p>CCID-Jethet: Removed exclamation marks</p>
<hr />
<div>'''Join the CC Developer Community''' <br />
<br />
Join our [http://slack-signup.creativecommons.org/ Slack], IRC, or [cc-developers+subscribe@creativecommons.org mailing list] communities to meet other developers interested in Creative Commons, get feedback on your projects, and talk with CC's full-time engineering staff. You can also keep up with us on the [https://opensource.creativecommons.org/blog CC Open Source Blog] or via [https://twitter.com/cc_opensource Twitter].<br />
<br />
Know more about our [https://opensource.creativecommons.org/community/ communication channels]<br />
<br />
== Get Involved ==<br />
<br />
We really appreciate community contributions and feedback (we're a small team and spread thin) and we especially love seeing what you build using CC's tools. <br />
<br />
We do all of our development on GitHub and are generally open to pull requests and proposals for new community-maintained projects.<br />
We would especially like help with reviving projects that CC's engineering team does not have the time to actively work on (such as [https://github.com/creativecommons/creativecommons-wordpress-plugin our WordPress plugin] and [https://github.com/creativecommons/cc-license-chooser license chooser widget]). We're also looking to improve our documentation and increase our automated test coverage across pretty much all our projects, so help with that would be greatly appreciated.<br />
Please follow [https://opensource.creativecommons.org/contributing-code/pr-guidelines our pull request guidelines] when submitting code. If you are not familiar with GitHub or pull requests, [https://guides.github.com/activities/hello-world/ here is an excellent guide to get started].<br />
<br />
Know more about [https://opensource.creativecommons.org/contributing-code/ how to contribute on existing projects or proposing new ones]!<br />
<br />
<br />
; Mailing list <br />
: [cc-developers+subscribe@creativecommons.org CC Developers] or [usability-announce+subscribe@creativecommons.org CC Usability Announcements].<br />
; IRC #creativecommons-dev channel on [https://freenode.net/ Freenode]<br />
: This channel is mirrored to the #cc-developers channel on Slack.<br />
; Slack<br />
: [http://slack-signup.creativecommons.org/ Sign up] and join our sub-communities for tech/developers.<br />
<br />
== Other forms of contribution ==<br />
<br />
; [https://opensource.creativecommons.org/gsoc-2019/ Google Summer of Code]<br />
: See CC participation on GSoC since 2006.<br />
; [https://opensource.creativecommons.org/community/#mailing-lists Usability Testing]<br />
: Participate in one of our regular usability tests for CC tools that we're actively working on (we'll give you a gift card!).<br />
; [https://wiki.creativecommons.org/wiki/Translate Translate our Content]<br />
: Find out how to help the Creative Commons community with translations.<br />
; [https://github.com/creativecommons/cc-vocabulary Contribute To Design]<br />
: Contribute to our brand new set of standard UI components and help us apply it to all the existing projects.<br />
<br />
<br clear="all"/><br />
<br />
{{Translations<br />
| articles = Pt:Programadores, Ru:Разработчикам, Vi:Phát Triển Viên<br />
}}<br />
<br />
[[Category:Developer]]<br />
<br />
__NOTOC__</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Documentation&diff=117369Documentation2019-10-21T10:20:34Z<p>CCID-Jethet: /* Teaching Creative Commons */ Fixed typo</p>
<hr />
<div>{{Infobox|<br />
'''Welcome to the Creative Commons Documentation project!'''<br />
<br />
This is a page for critical documentation about large scale CC specifications, recommendations, white papers, tutorials and other pieces that need to be written to explain various facets of Creative Commons across the board. <br />
<br />
'''Join the community'''<br />
<br />
#'''WIKI''' - Sign up for an account on this wiki and contribute [https://login.creativecommons.org/register.php here]<br />
#'''CHAT''' - Channel #CC at http://irc.freenode.net - http://wiki.creativecommons.org/IRC<br />
#'''LIST''' - cc-community listserv - Creative Commons Community email list - http://wiki.creativecommons.org/Mailing_Lists<br />
<br />
'''Many ways to contribute'''<br />
<br />
#Help us [[Documentation#Help_Translate_Documents|translate documents]]. <br />
#Help us [[#Help_Create_Documents.21|create new documents]].<br />
#Help us [[:Category:Press_Hit|log CC press articles]]. <br />
}}<br />
<br />
{{Infobox|<br />
'''Top 5 Docs'''<br />
<br />
''These are in order of general relevance and promotion.''<br />
<br />
# [[Media:Creativecommons-informational-flyer_eng.pdf|What is Creative Commons? flyer]] (pdf) ([http://www.scribd.com/doc/2227788/creativecommonsinformationalflyereng scribd.com])<br />
# [[Media:Creativecommons-what-is-creative-commons_eng.pdf|What is Creative Commons?]] (pdf) ([http://www.scribd.com/doc/2227452/creativecommonswhatiscreativecommonseng scribd.com])<br />
# [[Sharing_Creative_Works|Sharing Creative Works Comics]] - A general introduction to copyright and CC licensing<br />
# [[Media:Creativecommons-licensing-and-marking-your-content_eng.pdf|Licensing and Marking Content]] (pdf) ([http://www.scribd.com/doc/2227448/creativecommonslicensingandmarkingyourcontenteng scribd.com])<br />
# [[Media:Creativecommons-integration-with-your-website_eng.pdf|Creative Commons Integration With Your Website]] (pdf) <br />
}}<br />
<br />
<br />
== Creative Commons Explained ==<br />
Documents that aim to explain CC and licensing.<br />
<br />
'''About Creative Commons'''<br />
* [[Media:Creativecommons-informational-flyer_eng.pdf|What is Creative Commons? flyer]] (pdf) ([http://www.scribd.com/doc/2227788/creativecommonsinformationalflyereng scribd.com])<br />
** [http://mirrors.creativecommons.org/assets/cc-info-flyer-final.zip InDesign source file]<br />
* [[Media:Creativecommons-what-is-creative-commons_eng.pdf|What is Creative Commons?]] (pdf) ([http://www.scribd.com/doc/2227452/creativecommonswhatiscreativecommonseng scribd.com])<br />
** [[Media:Cc-fullpage-promo-svg.zip|Inkscape SVG source files]] (zip)<br />
* [[Media:Creativecommons-encouraging-the-ecology-of-creativity_eng.pdf|Encouraging the Ecology of Creativity]] (pdf) ([http://www.scribd.com/doc/2227443/creativecommonsencouragingtheecologyofcreativityeng scribd.com])<br />
** [http://mirrors.creativecommons.org/assets/concept-paper-source.zip InDesign/Illustrator source files]<br />
* [[Media:Wipo_info_sheet_nov6.pdf|CC info sheet for WIPO]] (pdf)<br />
*[http://wiki.creativecommons.org/Creative_commons_non_profit_organization About Creative Commons]<br />
<br />
'''Using the Creative Commons Licences'''<br />
* [[Media:Creativecommons-how-to-license-poster_eng.pdf|How To License poster]] (pdf) ([http://www.scribd.com/doc/2227445/creativecommonshowtolicensepostereng scribd.com])<br />
* [http://creativecommons.org.au/learn-more/fact-sheets/what-are-the-creative-commons-licences-factsheet Quick Guide to the Creative Commons Licences] (pdf) ([http://www.scribd.com/doc/16536016/What-are-the-Creative-Commons-licences-factsheet scribd.com])<br />
** [http://creativecommons.org.au/materials/factsheets/cc-licences-indesign-package.zip Indesign files]; [http://creativecommons.org.au/weblog/entry/244 full info]<br />
* [http://creativecommons.org.au/content/licensing-flowchart.pdf Creative Commons Licensing Flowchart] (pdf) ([http://www.scribd.com/doc/16540395/Which-Creative-Commons-licence-is-right-for-me-poster scribd.com])<br />
* [[Media:Creativecommons-licensing-and-marking-your-content_eng.pdf|Licensing and Marking Your Content]] (pdf) ([http://www.scribd.com/doc/2227448/creativecommonslicensingandmarkingyourcontenteng scribd.com])<br />
<br />
'''Using Creative Commons Content'''<br />
* [http://creativecommons.org.au/content/findingmaterial.pdf Finding Creative Commons Material] (pdf) (created for the [http://creativecommons.org.au/poolingideas Pooling Ideas competition])<br />
* [http://creativecommons.org.au/content/attributingccmaterials.pdf Attributing Creative Commons Material] (pdf) (created for the [http://creativecommons.org.au/poolingideas Pooling Ideas competition])<br />
* [http://creativecommons.org.au/content/CC_Web_Resources.pdf Quick guide to Creative Commons resources] (pdf)<br />
<br />
'''Multimedia'''<br />
* [[Sharing_Creative_Works|Sharing Creative Works Comics]] - A general introduction to copyright and CC licensing ([http://www.scribd.com/doc/2227656/creativecommonssharingcreativeworkseng scribd.com])<br />
** [[Media:Sharingcreativeworks.zip|Inkscape SVG source files]] (zip)<br />
* [http://creativecommons.org/videos/ CC Videos]<br />
** [[Translate#Videos | Video source files]]<br />
* [http://wiki.creativecommons.org/Comics CC Comics]<br />
<br />
<br />
==Sector-specific Information==<br />
* '''For teachers''' - A [http://creativecommons.org.au/learn-more/educators-resources collection] of resources on finding and using Creative Commons specifically designed for teachers, including fact sheets, slideshows, videos and worksheets.<br />
* '''For citizen journalists''' - from CC Lebanon: 10 Legal Rules on social activism and copyright by Martin Wählisch:<br />
** [[Media:CopyrightLawLEB_EN.pdf| English]] <br />
** [[Media:CopyrightLawLEB_AR.pdf| Arabic]]<br />
* '''For the public sector''' - [[Media:Creativecommons-licensing-for-public-sector-information_eng.pdf|Creative Commons Licensing for the Public Sector]] (pdf)<br />
* '''Business models''' - [[Media:BusinessModelsforCreativeWorks.pdf|Business Models for Creative Works and Creative Commons Licensing]] (pdf)<br />
<br />
== Legal ==<br />
<br />
* [http://creativecommons.org/about/license/ License Your Work]<br />
* [[Considerations for licensors and licensees]]<br />
* [[Legal Concepts]]<br />
* [[Podcasting Legal Guide]]<br />
<br />
<br />
== FAQ ==<br />
* [[FAQ]] - Important documentation of frequently asked CC questions. A must read !<br />
<br />
== CC Education/OER==<br />
* The Open Education program at Creative Commons works to minimize barriers to universal access to education that are created by increasingly restrictive copyright laws and incompatible technologies. [http://creativecommons.org/education Learn more about CC Education and Open Educational Resources].<br />
<br />
==Technical Implementation==<br />
=== Developer ===<br />
* [[Developers]] - Documentation and information for software developers.<br />
<br />
=== Integration Best Practices ===<br />
* [[Web Integration]]<br />
** [[Media:Creativecommons-integration-with-your-website_eng.pdf|Creative Commons Integration With Your Website]] (pdf) ([http://www.scribd.com/doc/2227446/creativecommonsintegrationwithyourwebsiteeng scribd.com])<br />
* [[Application Integration]] <br />
* [[Desktop Integration]]<br />
<br />
=== Marking ===<br />
* [[Marking]] - How to properly mark various media with Creative Commons licenses.<br />
** [[Media:Creativecommons-licensing-and-marking-your-content_eng.pdf|Licensing and Marking Content]] (pdf) ([http://www.scribd.com/doc/2227448/creativecommonslicensingandmarkingyourcontenteng scribd.com])<br />
* [[Metadata]] - an overview of Creative Commons metadata - opening documentation.<br />
** [[ccREL]] - describing license metadata in a machine readable way and attaching it to digital works.<br />
** [[Marking_Works_Technical|Metadata Marking]] - technical background on machine-readable metadata.<br />
* [http://creativecommons.org.au/materials/attribution.pdf Attributing Creative Commons Material]<br />
<br />
== Metrics ==<br />
<br />
* [[Metrics|Metrics in progress to assess CC-license adoption]]<br />
* [[License_statistics|License Statistics]]<br />
* [[Media:Statistics-from-the-CC-Monitor-project_eng.pdf|Statistics from the CC Monitor Project]] (pdf)<br />
* [[Media:Taking-stock-of-the-creative-commons-experiment_eng.pdf|Taking Stock of the CC Experiment]] (pdf)<br />
* [[Media:License-use-five-years-on_eng.pdf|License Use Five Years On]] (pdf)<br />
<br />
<br />
== Staff Contributions ==<br />
* Explore [[:Category:Presentation|CC conference participation]].<br />
* Explore staff presentations and slideshows online!<br />
** [http://www.slideshare.net/ericcc/slideshows Eric Steuer], Creative Director<br />
** Jon Phillips, Community + Business Developer<br />
*** [http://www.slideshare.net/rejon/ Slideshare Slides]<br />
*** [http://www.scribd.com/people/view/3525-jon-phillips Scribd Docs and Slides]<br />
** [http://www.slideshare.net/Jessicacoates Jessica Coates], Global Network Manager<br />
<br />
<br />
== Mailing list archives ==<br />
* [http://lists.ibiblio.org/pipermail/cc-community/ cc-community]<br />
* [http://lists.ibiblio.org/pipermail/cc-licenses/ cc-licenses]<br />
* [http://lists.ibiblio.org/pipermail/cc-devel/ cc-devel]<br />
<br />
<br />
== Technical Documentation ==<br />
* [[Media:Creativecommons-embedded-metadata-with-xmp_eng.pdf|Embedded Metadata with XMP]] (pdf) ([http://www.scribd.com/doc/2227441/creativecommonsembeddedmetadatawithxmpeng scribd.com])<br />
<br />
<br />
== Help Translate Documents ==<br />
<br />
Please help CC translate these documents into other languages. For the documents written in English already uploaded to this site, we've included the standardized 3-character language code, [http://en.wikipedia.org/wiki/List_of_ISO_639-2_codes ISO 639-2]. For example, the Web Integration PDF is labeled "Creativecommons-webintegration_eng.pdf". A Japanese translation of the same document would be labeled "Creativecommons-webintegration_jpn.pdf".<br />
<br />
Available translations can be found at [[Translate/Documentation]].<br />
<br />
<br />
== Help Create Documents ==<br />
How do you see CC? While these documents can exist on this wiki just fine and is a great way to get started, below is a package consisting of the Scribus document and files necessary to make documentation. Please post up any of your creations on this page!<br />
<br />
*[[Media:Cc-general-open.zip|Information page framework]] &mdash; Scribus source<br />
*[[Media:Cc-info-doc-layout.zip|Information page framework]] &mdash; InDesign source<br />
<br />
Please help us complete these, to make our wiki as informative as possible !<br />
<br />
=== Teaching Creative Commons ===<br />
How should you go about teaching Creative Commons ideas to a general audience?<br />
<br />
CC Denmark has made a section "CC i undervisningen" (CC in education) containing video tutorials, pdf guides and other resources for teachers. [http://www.creativecommons.dk/?page_id=88](In Danish)<br />
{{stub}}<br />
<br />
=== Creative Commons in the classroom ===<br />
{{stub}}<br />
<br />
=== Creative Commons Overview for your Company ===<br />
An overview of Creative Commons for a company.<br />
{{stub}}<br />
<br />
=== Creative Commons + Open CourseWare Legal Guide ===<br />
{{stub}}<br />
<br />
{{Translations<br />
| articles = Pt:Documentação<br />
}}<br />
<br />
[[Category:Documentation]]<br />
[[Category:Media]]<br />
[[Category:Critical]]<br />
[[Category:Translation Project]]</div>CCID-Jethethttps://wiki.creativecommons.org/index.php?title=Documentation&diff=117368Documentation2019-10-21T10:17:13Z<p>CCID-Jethet: /* Help Create Documents! */ Remove exclamation mark because it is not in line with the other (sub)titles.</p>
<hr />
<div>{{Infobox|<br />
'''Welcome to the Creative Commons Documentation project!'''<br />
<br />
This is a page for critical documentation about large scale CC specifications, recommendations, white papers, tutorials and other pieces that need to be written to explain various facets of Creative Commons across the board. <br />
<br />
'''Join the community'''<br />
<br />
#'''WIKI''' - Sign up for an account on this wiki and contribute [https://login.creativecommons.org/register.php here]<br />
#'''CHAT''' - Channel #CC at http://irc.freenode.net - http://wiki.creativecommons.org/IRC<br />
#'''LIST''' - cc-community listserv - Creative Commons Community email list - http://wiki.creativecommons.org/Mailing_Lists<br />
<br />
'''Many ways to contribute'''<br />
<br />
#Help us [[Documentation#Help_Translate_Documents|translate documents]]. <br />
#Help us [[#Help_Create_Documents.21|create new documents]].<br />
#Help us [[:Category:Press_Hit|log CC press articles]]. <br />
}}<br />
<br />
{{Infobox|<br />
'''Top 5 Docs'''<br />
<br />
''These are in order of general relevance and promotion.''<br />
<br />
# [[Media:Creativecommons-informational-flyer_eng.pdf|What is Creative Commons? flyer]] (pdf) ([http://www.scribd.com/doc/2227788/creativecommonsinformationalflyereng scribd.com])<br />
# [[Media:Creativecommons-what-is-creative-commons_eng.pdf|What is Creative Commons?]] (pdf) ([http://www.scribd.com/doc/2227452/creativecommonswhatiscreativecommonseng scribd.com])<br />
# [[Sharing_Creative_Works|Sharing Creative Works Comics]] - A general introduction to copyright and CC licensing<br />
# [[Media:Creativecommons-licensing-and-marking-your-content_eng.pdf|Licensing and Marking Content]] (pdf) ([http://www.scribd.com/doc/2227448/creativecommonslicensingandmarkingyourcontenteng scribd.com])<br />
# [[Media:Creativecommons-integration-with-your-website_eng.pdf|Creative Commons Integration With Your Website]] (pdf) <br />
}}<br />
<br />
<br />
== Creative Commons Explained ==<br />
Documents that aim to explain CC and licensing.<br />
<br />
'''About Creative Commons'''<br />
* [[Media:Creativecommons-informational-flyer_eng.pdf|What is Creative Commons? flyer]] (pdf) ([http://www.scribd.com/doc/2227788/creativecommonsinformationalflyereng scribd.com])<br />
** [http://mirrors.creativecommons.org/assets/cc-info-flyer-final.zip InDesign source file]<br />
* [[Media:Creativecommons-what-is-creative-commons_eng.pdf|What is Creative Commons?]] (pdf) ([http://www.scribd.com/doc/2227452/creativecommonswhatiscreativecommonseng scribd.com])<br />
** [[Media:Cc-fullpage-promo-svg.zip|Inkscape SVG source files]] (zip)<br />
* [[Media:Creativecommons-encouraging-the-ecology-of-creativity_eng.pdf|Encouraging the Ecology of Creativity]] (pdf) ([http://www.scribd.com/doc/2227443/creativecommonsencouragingtheecologyofcreativityeng scribd.com])<br />
** [http://mirrors.creativecommons.org/assets/concept-paper-source.zip InDesign/Illustrator source files]<br />
* [[Media:Wipo_info_sheet_nov6.pdf|CC info sheet for WIPO]] (pdf)<br />
*[http://wiki.creativecommons.org/Creative_commons_non_profit_organization About Creative Commons]<br />
<br />
'''Using the Creative Commons Licences'''<br />
* [[Media:Creativecommons-how-to-license-poster_eng.pdf|How To License poster]] (pdf) ([http://www.scribd.com/doc/2227445/creativecommonshowtolicensepostereng scribd.com])<br />
* [http://creativecommons.org.au/learn-more/fact-sheets/what-are-the-creative-commons-licences-factsheet Quick Guide to the Creative Commons Licences] (pdf) ([http://www.scribd.com/doc/16536016/What-are-the-Creative-Commons-licences-factsheet scribd.com])<br />
** [http://creativecommons.org.au/materials/factsheets/cc-licences-indesign-package.zip Indesign files]; [http://creativecommons.org.au/weblog/entry/244 full info]<br />
* [http://creativecommons.org.au/content/licensing-flowchart.pdf Creative Commons Licensing Flowchart] (pdf) ([http://www.scribd.com/doc/16540395/Which-Creative-Commons-licence-is-right-for-me-poster scribd.com])<br />
* [[Media:Creativecommons-licensing-and-marking-your-content_eng.pdf|Licensing and Marking Your Content]] (pdf) ([http://www.scribd.com/doc/2227448/creativecommonslicensingandmarkingyourcontenteng scribd.com])<br />
<br />
'''Using Creative Commons Content'''<br />
* [http://creativecommons.org.au/content/findingmaterial.pdf Finding Creative Commons Material] (pdf) (created for the [http://creativecommons.org.au/poolingideas Pooling Ideas competition])<br />
* [http://creativecommons.org.au/content/attributingccmaterials.pdf Attributing Creative Commons Material] (pdf) (created for the [http://creativecommons.org.au/poolingideas Pooling Ideas competition])<br />
* [http://creativecommons.org.au/content/CC_Web_Resources.pdf Quick guide to Creative Commons resources] (pdf)<br />
<br />
'''Multimedia'''<br />
* [[Sharing_Creative_Works|Sharing Creative Works Comics]] - A general introduction to copyright and CC licensing ([http://www.scribd.com/doc/2227656/creativecommonssharingcreativeworkseng scribd.com])<br />
** [[Media:Sharingcreativeworks.zip|Inkscape SVG source files]] (zip)<br />
* [http://creativecommons.org/videos/ CC Videos]<br />
** [[Translate#Videos | Video source files]]<br />
* [http://wiki.creativecommons.org/Comics CC Comics]<br />
<br />
<br />
==Sector-specific Information==<br />
* '''For teachers''' - A [http://creativecommons.org.au/learn-more/educators-resources collection] of resources on finding and using Creative Commons specifically designed for teachers, including fact sheets, slideshows, videos and worksheets.<br />
* '''For citizen journalists''' - from CC Lebanon: 10 Legal Rules on social activism and copyright by Martin Wählisch:<br />
** [[Media:CopyrightLawLEB_EN.pdf| English]] <br />
** [[Media:CopyrightLawLEB_AR.pdf| Arabic]]<br />
* '''For the public sector''' - [[Media:Creativecommons-licensing-for-public-sector-information_eng.pdf|Creative Commons Licensing for the Public Sector]] (pdf)<br />
* '''Business models''' - [[Media:BusinessModelsforCreativeWorks.pdf|Business Models for Creative Works and Creative Commons Licensing]] (pdf)<br />
<br />
== Legal ==<br />
<br />
* [http://creativecommons.org/about/license/ License Your Work]<br />
* [[Considerations for licensors and licensees]]<br />
* [[Legal Concepts]]<br />
* [[Podcasting Legal Guide]]<br />
<br />
<br />
== FAQ ==<br />
* [[FAQ]] - Important documentation of frequently asked CC questions. A must read !<br />
<br />
== CC Education/OER==<br />
* The Open Education program at Creative Commons works to minimize barriers to universal access to education that are created by increasingly restrictive copyright laws and incompatible technologies. [http://creativecommons.org/education Learn more about CC Education and Open Educational Resources].<br />
<br />
==Technical Implementation==<br />
=== Developer ===<br />
* [[Developers]] - Documentation and information for software developers.<br />
<br />
=== Integration Best Practices ===<br />
* [[Web Integration]]<br />
** [[Media:Creativecommons-integration-with-your-website_eng.pdf|Creative Commons Integration With Your Website]] (pdf) ([http://www.scribd.com/doc/2227446/creativecommonsintegrationwithyourwebsiteeng scribd.com])<br />
* [[Application Integration]] <br />
* [[Desktop Integration]]<br />
<br />
=== Marking ===<br />
* [[Marking]] - How to properly mark various media with Creative Commons licenses.<br />
** [[Media:Creativecommons-licensing-and-marking-your-content_eng.pdf|Licensing and Marking Content]] (pdf) ([http://www.scribd.com/doc/2227448/creativecommonslicensingandmarkingyourcontenteng scribd.com])<br />
* [[Metadata]] - an overview of Creative Commons metadata - opening documentation.<br />
** [[ccREL]] - describing license metadata in a machine readable way and attaching it to digital works.<br />
** [[Marking_Works_Technical|Metadata Marking]] - technical background on machine-readable metadata.<br />
* [http://creativecommons.org.au/materials/attribution.pdf Attributing Creative Commons Material]<br />
<br />
== Metrics ==<br />
<br />
* [[Metrics|Metrics in progress to assess CC-license adoption]]<br />
* [[License_statistics|License Statistics]]<br />
* [[Media:Statistics-from-the-CC-Monitor-project_eng.pdf|Statistics from the CC Monitor Project]] (pdf)<br />
* [[Media:Taking-stock-of-the-creative-commons-experiment_eng.pdf|Taking Stock of the CC Experiment]] (pdf)<br />
* [[Media:License-use-five-years-on_eng.pdf|License Use Five Years On]] (pdf)<br />
<br />
<br />
== Staff Contributions ==<br />
* Explore [[:Category:Presentation|CC conference participation]].<br />
* Explore staff presentations and slideshows online!<br />
** [http://www.slideshare.net/ericcc/slideshows Eric Steuer], Creative Director<br />
** Jon Phillips, Community + Business Developer<br />
*** [http://www.slideshare.net/rejon/ Slideshare Slides]<br />
*** [http://www.scribd.com/people/view/3525-jon-phillips Scribd Docs and Slides]<br />
** [http://www.slideshare.net/Jessicacoates Jessica Coates], Global Network Manager<br />
<br />
<br />
== Mailing list archives ==<br />
* [http://lists.ibiblio.org/pipermail/cc-community/ cc-community]<br />
* [http://lists.ibiblio.org/pipermail/cc-licenses/ cc-licenses]<br />
* [http://lists.ibiblio.org/pipermail/cc-devel/ cc-devel]<br />
<br />
<br />
== Technical Documentation ==<br />
* [[Media:Creativecommons-embedded-metadata-with-xmp_eng.pdf|Embedded Metadata with XMP]] (pdf) ([http://www.scribd.com/doc/2227441/creativecommonsembeddedmetadatawithxmpeng scribd.com])<br />
<br />
<br />
== Help Translate Documents ==<br />
<br />
Please help CC translate these documents into other languages. For the documents written in English already uploaded to this site, we've included the standardized 3-character language code, [http://en.wikipedia.org/wiki/List_of_ISO_639-2_codes ISO 639-2]. For example, the Web Integration PDF is labeled "Creativecommons-webintegration_eng.pdf". A Japanese translation of the same document would be labeled "Creativecommons-webintegration_jpn.pdf".<br />
<br />
Available translations can be found at [[Translate/Documentation]].<br />
<br />
<br />
== Help Create Documents ==<br />
How do you see CC? While these documents can exist on this wiki just fine and is a great way to get started, below is a package consisting of the Scribus document and files necessary to make documentation. Please post up any of your creations on this page!<br />
<br />
*[[Media:Cc-general-open.zip|Information page framework]] &mdash; Scribus source<br />
*[[Media:Cc-info-doc-layout.zip|Information page framework]] &mdash; InDesign source<br />
<br />
Please help us complete these, to make our wiki as informative as possible !<br />
<br />
=== Teaching Creative Commons ===<br />
How should you go about teaching Creative Commons ideas to a general audience?<br />
<br />
CC Denmark has made a section "CC i undervisningen" (CC in education) containing video tutorials, pdf guides and other ressources for teachers. [http://www.creativecommons.dk/?page_id=88](In Danish)<br />
{{stub}}<br />
<br />
=== Creative Commons in the classroom ===<br />
{{stub}}<br />
<br />
=== Creative Commons Overview for your Company ===<br />
An overview of Creative Commons for a company.<br />
{{stub}}<br />
<br />
=== Creative Commons + Open CourseWare Legal Guide ===<br />
{{stub}}<br />
<br />
{{Translations<br />
| articles = Pt:Documentação<br />
}}<br />
<br />
[[Category:Documentation]]<br />
[[Category:Media]]<br />
[[Category:Critical]]<br />
[[Category:Translation Project]]</div>CCID-Jethet