In its modified proposal, the Commission introduced a fundamental modification proposed by the European Parliament. This modification concerns the extension of the period of protection under the sui generis system: it has been increased from ten years, the period proposed by the Commission, to fifteen years. In addition, the Commission has made editorial changes relating to the following points:
- the definition of the term 'database' must be clarified so that it expressly includes collections of data;
- the term 'rightholder' must cover both the author, in other words the person holding any copyright in the database, and the creator of the database when a sui generis right exists in respect of its content but there is no copyright associated with the selection or disposal of that content;
- the definitions of the terms 'substantial change' and 'non-substantial change' are clarified in so far as they relate to the period of protection;
- the term 'unauthorised extraction' must be preferred throughout the text to 'unfair extraction';
- the conditions under which licences allowing use of the content of a database must be granted are defined more clearly in the text.
The amendments rejected by the Commission related to:
- a definition of a database including 'a substantial number of data, works or other material';
- a definition of the 'author' of a database such as to make him the person who takes 'the initiative and responsibility for establishing' the database;
- a definition of 'non-commercial purposes' which included any use for the purposes of teaching, research or humanitarian aid, on a non-profit basis;
- the additions suggesting that the legitimate user of a database could be restricted by contractual provisions in his ability to perform the acts necessary for the use of the database;
- additional restrictions placed on the use of the database for private or personal purposes;
- an obligation to protect the databases against unauthorised extraction under the provisions of the international treaties.
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