Databases and Creative Commons FAQ
Please note that Creative Commons does not provide legal advice, so while this FAQ is designed to be helpful in raising awareness about the use of our licenses, it is by nature not a complete discussion of all issues nor a substitute for legal advice.
Questions for Database Providers:
Can a Creative Commons license be applied to a database?
What kinds of things can be licensed under a Creative Commons license?
So, a Creative Commons license can be applied to a database?
Which database components are likely to be protected by copyright?
What about the software that runs the database?
How will people know that they can use the factual information in a database?
If I apply a Creative Commons license to my database, does this mean people can replicate the database?
How does a database provider make sure it has the necessary authority to apply a Creative Commons license to a database?
What legal issues do Creative Commons licenses not cover?
I understand everything above and want to apply a Creative Commons license to my database. How do I go about doing that?
Questions for Database Users:
I am a database user, does this mean I can just use & copy anything from a Creative Commons-licensed database?
Which parts can I use under the Creative Commons license?
Facts are (generally) free (as in freedom)
Be aware that Creative Commons licenses do not license all types of legal rights
Consider that database rights may apply
Think before copying large amounts of data
Questions for Database Providers:
Can a Creative Commons license be applied to a database?
In short, yes—a Creative Commons license can probably be applied to a database, or at least, to some aspects of a database.
Databases usually are comprised of at least four elements: (1) a set of field names identifying the data; (2) a structure (or model), which includes the organization of fields and relations among them; (3) data sheets; and (4) data. All of the Creative Commons licenses can be applied to these elements to the extent that copyright applies to them (and the Dutch and Belgium licenses can also be applied to the data, for reasons discussed in greater detail below. Copyright applies to minimally creative works expressed in a fixed form. In most databases, items (2) and (3) - the structure and the data sheet - will reflect sufficient creativity for copyright to apply. A Creative Commons license applied to these elements will permit copying of these elements under the conditions of the license selected. Field names, such as “Address” for the name of the field for street address information, are less likely to be protected by copyright because they often do not reflect creativity.
In the United States, data will be protected by copyright only if they express creativity. Some databases will satisfy this condition, such as a database containing poetry or a wiki containing prose. Many databases, however, contain factual information that may have taken a great deal of effort to gather, such as the results of a series of complicated and creative experiments. Nonetheless, that information is not protected by copyright and cannot be licensed under the terms of a Creative Commons license.
Note - for databases subject to the laws of members of the European Union and certain other countries, the law supplies a special right for databases. Except in the Netherlands and Belgium Creative Commons Licenses, Creative Commons licenses do not apply to this right (for more detail, see below).
There are three things to keep in mind when considering whether to apply a Creative Commons license to a database: (1) that the necessary rights or permissions have been obtained to make a database and any copyrightable elements available under a Creative Commons license; (2) that only those parts of the database that the database provider wants to make available under a Creative Commons license are so licensed; and (3) if not all aspects of the database are protected by copyright, there should be a clear statement to this effect to indicate to users which aspects are subject to the license and which are not.
This FAQ explains each of these issues in a little more detail for database providers (and users). Please read all of this FAQ before deciding whether to apply a Creative Commons license to your database so that you understand how to make your database available using a Creative Commons license in a way that matches your preferences. Please also note that there may be other legal rights and obligations that arise in relation to a database that are beyond the scope of this FAQ.
What kinds of things can be licensed under a Creative Commons license?
Creative Commons licenses only apply to materials that are protected by copyright. This means that they can be applied to protect things like articles, text, websites, blogs and other publications; music, artwork video and other audio and visual materials; and also more “utilitarian” items such as software, tables and compilations.
As a general rule, copyright is said to protect “expressive, creative works” that are fixed in a tangible medium. The requirement that a work be expressive and/or creative to attract copyright protection means that it has to be the product of someone’s effort and ingenuity. Mere facts and ideas are not protectable. This has particular importance for databases because databases often contain compilations of factual information.
So, a Creative Commons license can be applied to a database?
Yes, a Creative Commons license can be applied to the structure or model of a database provided that is protected by copyright. The extent to which a database is protected by copyright law will vary depending on the jurisdiction in which the database is located. In general, however, the entire database as well as some elements of the database are likely to be copyrighted; some elements may not be protected by copyright.
Essentially, those parts of the database that consist of expressive, creative effort will be protected by copyright. For example, subject to some exceptions, the database model is likely to be protected by copyright. The extent to which the database model is copyright-protected will depend on the jurisdiction. In the US, for example, the “white pages” telephone directories are not protected by copyright because they contain names and address in unoriginal, alphabetical ordering. By contrast, a directory of Chinese businesses is protected by copyright because of the effort, selection and arrangement that went into creating the directory. In Australia, however, even “white pages” telephone directories are protected because the courts there consider the effort and “sweat of the brow” in compiling data, even if it is ordered unoriginally, to be sufficient to warrant copyright protection.
Which database components are likely to be protected by copyright?
In general, there are likely to be four main components of a database:
(i) The database model: this is a specification describing how a database is structured and organized. Parts of the database model, or schema, include database tables and table indexes. In general, as discussed above, it is likely that the overall structure and organization of the database is protected by copyright. There may be exceptions to this depending on the jurisdiction in which the database is located. In the United States, for example, unoriginal and obvious orderings of factual information have been held to not be protected by copyright.
(ii) The data entry & output sheet: these 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. In general, the format and layout of these sheets will be protected by copyright. This protection may not extend to the information (the data) contained within these sheets, however, as discussed below.
(iii) Field names: field names described data sets, for example “Address” for the name of the field for street address information. These are less likely to be protected by copyright because they often do not reflect creativity.
(iv) The data: - whether the data itself is copyrightable, depends on what it is. To the extent it consists of factual information, it will not be copyrightable. For example, the contents of NCBI's Entrez Gene database include gene names, descriptions, pathways, protein products, and other facts. However, to the extent the data is creative and expressive works, such as papers or photographs, then the database content itself is likely to be protected by copyright. Even if copyright protection extends to a paper or photograph contained in a database, that copyright will not extend to the information and ideas expressed in these materials.
Database providers need to think carefully about which elements of the database they want people to be able to use and reuse and ensure that they only make available these elements available under the Creative Commons license.
What about the software that runs the database?
In general, the software that runs the database will be protected by copyright but that copyright will be owned and controlled by the third party software provider who creates that software and licenses it to a database provider to use. Thus, a database provider needs to be clear that it is applying the Creative Commons license only to the database elements, not the software.
Creative Commons licenses are designed to apply to content such as documentation, articles, music, videos and the like. For software, we recommend that it is licensed under the CC-GNU-GPL license. Obviously, this license cannot be applied to software that is obtained from a third party under their own license conditions.
How will people know that they can use the factual information in a database?
We recommend that database providers make it clear that only some elements of their database are protected by copyright (and subject to a Creative Commons license) and some elements are free to be used & reused outside of the license.
As you know, Creative Commons and Science Commons work to promote freely available content and information. Our preference is that people do not overstate their copyright or other legal rights. Consequently, we adopt the position that “facts are free” and people should be educated so that they are aware of this. Database providers may want to think about including a statement where you include your Creative Commons “Some Rights Reserved” button that acknowledges that the database is only under a Creative Commons license “to the extent that copyright protects the database” and then give some examples of the elements in the database that are likely to be factual and excluded from the scope of copyright and the Creative Commons license.
If I apply a Creative Commons license to my database, does this mean people can replicate the database?
Yes, if a Creative Commons licenses is applied to an entire database or most of a database, then the Creative Commons licenses will give people the right to copy and distribute the entire database and/or the database elements to the Creative Commons license has been applied. However, if the database is hosted in Europe (or a jurisdiction with a similar law), a different type of right—a sui generis (i.e. copyright-like) database right—may give the database provider an additional layer of protection against someone copying the entire database or database elements that are under a Creative Commons license.
To briefly explain, the database right applies to databases that have been created with considerable investment and protects against unauthorized extraction and re-utilization of the data. In general, it is an infringement of this database right to appropriate and distribute to the public the whole or part of the contents of the database without the database owner’s permission.
With two exceptions, a Creative Commons license will not impact the existence of this database right. This means that, because the Creative Commons licenses apply only to copyright protected works (and not sui generis protected works), a database owner will still be able to enforce their database right even if the copyright-protected elements of the database have been licensed under a Creative Commons license. The two exceptions are the Creative Commons Netherlands and the Creative Commons Belgium licenses, which include the database right in the license and, thus, these licenses will enable people to appropriate and distribute database contents to the public.
How does a database provider make sure it has the necessary authority to apply a Creative Commons license to a database?
Creative Commons licenses can be applied to a copyright-protected work by either the original creator of that work or by a person who has the express permission from the original creator (the licensor of the work).
In the case of a database and its many different elements, database providers need to think about how they obtained each element because this will assist in identifying whether they have the necessary rights and permissions. Essentially, the database elements can only be made available under a Creative Commons license: (1) if the database provider is the owner of the copyright in those elements; or (2), where the database providers does not own the copyright but it has the express and explicit permission (a license) from the owner of copyright to do this.
The original creator of a work will generally be the first owner of copyright in that work. A person can also become the copyright owner by an express written agreement, signed by a creator or copyright owner, transferring ownership of the copyright. In some circumstances, an employer becomes the first owner of copyright in anything created by their employees. In the US, there is an additional category of works in respect of which ownership of copyright will be transferred from the creator to another party—works made for hire. To qualify as a work for hire, the work must come within one of nine categories of works, be specially commissioned and be the subject of a written and signed agreement that the work is a work for hire. For more information about works for hire under United States law, check out this information circular from the United States Copyright Office.
Before database providers make a database or database elements available under a Creative Commons license they need to make sure they own the rights or have the necessary licenses. This process is known as “rights clearance.”
Often databases are generated by a network of individuals contributing and editing data. Many contributors often do this without any legal agreements in place. If contributed data are sufficiently creative for copyright to apply, then each contributor likely owns the copyright to his or her submission. To offer these data under a Creative Commons license, each contributor must agree to do so. If, however, the contributions are factual, then rights need to be cleared only if the law that applies to the database protects such information. Database providers can include a condition in the “Terms of Submission” (or something similar) that expressly provides that any person who submits information agrees to make their submission available under a Creative Commons license and any other terms set out in the “Terms of Use” or other legal notices section.
What legal issues do Creative Commons licenses not cover?
Creative Commons licenses only apply to copyrightable works. There may be many other legal issues that arise in relation to copyrighted materials that Creative Commons licenses do not cover and that database providers need to consider. For example, Creative Commons licenses do not affect patent rights. Although copyright does not protect factual information, patent law does protect ideas, inventions, processes and methods. Database owners should think about the extent to which they need to make their database users aware of the fact that patent rights may restrict the use that can be made of the factual information contained in a database.
I understand everything above and want to apply a Creative Commons license to my database. How do I go about doing that?
Visit our “Publish” page to select the license that suits your preferences via our license generator. Remember that before applying a Creative Commons license, database providers need to make sure that they own the necessary rights, or have the necessary permissions from the people who do own the rights, to make the database available under a Creative Commons license. Also, database providers should remember to think about exactly which components of their database they want to be used and reused in accordance with a Creative Commons license and make sure that this is clearly marked on the database.
Questions for Database Users:
I am a database user, does this mean I can just use & copy anything from a Creative Commons-licensed database?
Which parts can I use under the Creative Commons license?
Under a Creative Commons license a database user can use all of those parts of a database that the database owner makes available under the Creative Commons license—consistent with the terms of that license. Because databases are complex, database users should carefully check which elements are under the Creative Commons license and which are not. They should also carefully the terms of the applicable Creative Commons license to under what uses are permitted and which are not. This page provides an overview of the Creative Commons licenses.
Facts are (generally) free (as in freedom)
In general, “facts are free” so database users should be able to use factual information contained in a database without restriction. Database users should, however, check any “Terms of Use” or other legal notices that the database provider has applied to the database in case additional conditions have been placed on the use of the factual data contained in the database.
Be aware that Creative Commons licenses do not license all types of legal rights
Database users should be aware, before they freely use the facts or database elements, of some possible limitations imposed by different types of laws that may restrict the extent of data that can be used and that are not licensed by the Creative Commons licenses. Examples of potential limitations that may be imposed are by: (1) patent law; and, (2) for databases hosted in the European Union, laws that recognize a database right (which we explain some more below); (3) laws in jurisdictions in which copying a large amount of data is considered to be the equivalent of copying the database itself (which we also explain some more below).
To find out more information about whether something is protected by a patent (and you are based in the United States), you should check out the United States Patent & Trademark Office. It also has links to non-United States based patent bodies and international patent organizations that may also provide you with useful information to understand the scope of patent rights.
Consider that database rights may apply
Users of European databases should also be aware of the fact that the database may be protected by a sui generis (ie. copyright-like) database right that is not actually a copyright right and thus, not licensed under the standard Creative Commons licenses (except the Belgium & Netherlands Creative Commons licenses).
The database right applies to databases that have been created with considerable investment and protects against unauthorized extraction and re-utilization of the data. In general, it is an infringement of this database right to appropriate and distribute to the public the whole or part of the contents of the database without the database owner’s permission.
With two exceptions, a Creative Commons license will not impact the existence of this database right and thus, database users need to check out the “Terms of Use” or other legal notices section to see if the database owner is limiting its database right in any way. The Creative Commons Netherlands and the Creative Commons Belgium licenses include the database right in the license and thus, these licenses will enable you to copy and distribute database contents consistent with the license terms.
Of course, none of the Creative Commons licenses or database terms will limit the four exceptions to the database right. The four exceptions are for use: (1) for private purposes of a non-electronic database; (2) where there is use for the sole purpose of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved; (3) where there is use for the purposes of public security of for the purposes of an administrative or judicial procedure; (4) where other exceptions to copyright (such as fair use or fair dealing) are involved, without prejudice to points (1), (2) and (3).
Think before copying large amounts of data
In some jurisdictions, it may be an infringement of the copyright in database overall, to copy and use large amounts of data, even if it is unprotected factual information. Consequently, if a database user is planning to copy large amounts data, whether factual or not, they may want to think about whether their use is in keeping with the Creative Commons license and/or if it is not, whether they may otherwise be infringing on the copyright in the database overall (if that has not been licensed under a Creative Commons license).
Can a Creative Commons license be applied to a database?
What kinds of things can be licensed under a Creative Commons license?
So, a Creative Commons license can be applied to a database?
Which database components are likely to be protected by copyright?
What about the software that runs the database?
How will people know that they can use the factual information in a database?
If I apply a Creative Commons license to my database, does this mean people can replicate the database?
How does a database provider make sure it has the necessary authority to apply a Creative Commons license to a database?
What legal issues do Creative Commons licenses not cover?
I understand everything above and want to apply a Creative Commons license to my database. How do I go about doing that?
Questions for Database Users:
I am a database user, does this mean I can just use & copy anything from a Creative Commons-licensed database?
Which parts can I use under the Creative Commons license?
Facts are (generally) free (as in freedom)
Be aware that Creative Commons licenses do not license all types of legal rights
Consider that database rights may apply
Think before copying large amounts of data
Questions for Database Providers:
Can a Creative Commons license be applied to a database?
In short, yes—a Creative Commons license can probably be applied to a database, or at least, to some aspects of a database.
Databases usually are comprised of at least four elements: (1) a set of field names identifying the data; (2) a structure (or model), which includes the organization of fields and relations among them; (3) data sheets; and (4) data. All of the Creative Commons licenses can be applied to these elements to the extent that copyright applies to them (and the Dutch and Belgium licenses can also be applied to the data, for reasons discussed in greater detail below. Copyright applies to minimally creative works expressed in a fixed form. In most databases, items (2) and (3) - the structure and the data sheet - will reflect sufficient creativity for copyright to apply. A Creative Commons license applied to these elements will permit copying of these elements under the conditions of the license selected. Field names, such as “Address” for the name of the field for street address information, are less likely to be protected by copyright because they often do not reflect creativity.
In the United States, data will be protected by copyright only if they express creativity. Some databases will satisfy this condition, such as a database containing poetry or a wiki containing prose. Many databases, however, contain factual information that may have taken a great deal of effort to gather, such as the results of a series of complicated and creative experiments. Nonetheless, that information is not protected by copyright and cannot be licensed under the terms of a Creative Commons license.
Note - for databases subject to the laws of members of the European Union and certain other countries, the law supplies a special right for databases. Except in the Netherlands and Belgium Creative Commons Licenses, Creative Commons licenses do not apply to this right (for more detail, see below).
There are three things to keep in mind when considering whether to apply a Creative Commons license to a database: (1) that the necessary rights or permissions have been obtained to make a database and any copyrightable elements available under a Creative Commons license; (2) that only those parts of the database that the database provider wants to make available under a Creative Commons license are so licensed; and (3) if not all aspects of the database are protected by copyright, there should be a clear statement to this effect to indicate to users which aspects are subject to the license and which are not.
This FAQ explains each of these issues in a little more detail for database providers (and users). Please read all of this FAQ before deciding whether to apply a Creative Commons license to your database so that you understand how to make your database available using a Creative Commons license in a way that matches your preferences. Please also note that there may be other legal rights and obligations that arise in relation to a database that are beyond the scope of this FAQ.
What kinds of things can be licensed under a Creative Commons license?
Creative Commons licenses only apply to materials that are protected by copyright. This means that they can be applied to protect things like articles, text, websites, blogs and other publications; music, artwork video and other audio and visual materials; and also more “utilitarian” items such as software, tables and compilations.
As a general rule, copyright is said to protect “expressive, creative works” that are fixed in a tangible medium. The requirement that a work be expressive and/or creative to attract copyright protection means that it has to be the product of someone’s effort and ingenuity. Mere facts and ideas are not protectable. This has particular importance for databases because databases often contain compilations of factual information.
So, a Creative Commons license can be applied to a database?
Yes, a Creative Commons license can be applied to the structure or model of a database provided that is protected by copyright. The extent to which a database is protected by copyright law will vary depending on the jurisdiction in which the database is located. In general, however, the entire database as well as some elements of the database are likely to be copyrighted; some elements may not be protected by copyright.
Essentially, those parts of the database that consist of expressive, creative effort will be protected by copyright. For example, subject to some exceptions, the database model is likely to be protected by copyright. The extent to which the database model is copyright-protected will depend on the jurisdiction. In the US, for example, the “white pages” telephone directories are not protected by copyright because they contain names and address in unoriginal, alphabetical ordering. By contrast, a directory of Chinese businesses is protected by copyright because of the effort, selection and arrangement that went into creating the directory. In Australia, however, even “white pages” telephone directories are protected because the courts there consider the effort and “sweat of the brow” in compiling data, even if it is ordered unoriginally, to be sufficient to warrant copyright protection.
Which database components are likely to be protected by copyright?
In general, there are likely to be four main components of a database:
(i) The database model: this is a specification describing how a database is structured and organized. Parts of the database model, or schema, include database tables and table indexes. In general, as discussed above, it is likely that the overall structure and organization of the database is protected by copyright. There may be exceptions to this depending on the jurisdiction in which the database is located. In the United States, for example, unoriginal and obvious orderings of factual information have been held to not be protected by copyright.
(ii) The data entry & output sheet: these 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. In general, the format and layout of these sheets will be protected by copyright. This protection may not extend to the information (the data) contained within these sheets, however, as discussed below.
(iii) Field names: field names described data sets, for example “Address” for the name of the field for street address information. These are less likely to be protected by copyright because they often do not reflect creativity.
(iv) The data: - whether the data itself is copyrightable, depends on what it is. To the extent it consists of factual information, it will not be copyrightable. For example, the contents of NCBI's Entrez Gene database include gene names, descriptions, pathways, protein products, and other facts. However, to the extent the data is creative and expressive works, such as papers or photographs, then the database content itself is likely to be protected by copyright. Even if copyright protection extends to a paper or photograph contained in a database, that copyright will not extend to the information and ideas expressed in these materials.
Database providers need to think carefully about which elements of the database they want people to be able to use and reuse and ensure that they only make available these elements available under the Creative Commons license.
What about the software that runs the database?
In general, the software that runs the database will be protected by copyright but that copyright will be owned and controlled by the third party software provider who creates that software and licenses it to a database provider to use. Thus, a database provider needs to be clear that it is applying the Creative Commons license only to the database elements, not the software.
Creative Commons licenses are designed to apply to content such as documentation, articles, music, videos and the like. For software, we recommend that it is licensed under the CC-GNU-GPL license. Obviously, this license cannot be applied to software that is obtained from a third party under their own license conditions.
How will people know that they can use the factual information in a database?
We recommend that database providers make it clear that only some elements of their database are protected by copyright (and subject to a Creative Commons license) and some elements are free to be used & reused outside of the license.
As you know, Creative Commons and Science Commons work to promote freely available content and information. Our preference is that people do not overstate their copyright or other legal rights. Consequently, we adopt the position that “facts are free” and people should be educated so that they are aware of this. Database providers may want to think about including a statement where you include your Creative Commons “Some Rights Reserved” button that acknowledges that the database is only under a Creative Commons license “to the extent that copyright protects the database” and then give some examples of the elements in the database that are likely to be factual and excluded from the scope of copyright and the Creative Commons license.
If I apply a Creative Commons license to my database, does this mean people can replicate the database?
Yes, if a Creative Commons licenses is applied to an entire database or most of a database, then the Creative Commons licenses will give people the right to copy and distribute the entire database and/or the database elements to the Creative Commons license has been applied. However, if the database is hosted in Europe (or a jurisdiction with a similar law), a different type of right—a sui generis (i.e. copyright-like) database right—may give the database provider an additional layer of protection against someone copying the entire database or database elements that are under a Creative Commons license.
To briefly explain, the database right applies to databases that have been created with considerable investment and protects against unauthorized extraction and re-utilization of the data. In general, it is an infringement of this database right to appropriate and distribute to the public the whole or part of the contents of the database without the database owner’s permission.
With two exceptions, a Creative Commons license will not impact the existence of this database right. This means that, because the Creative Commons licenses apply only to copyright protected works (and not sui generis protected works), a database owner will still be able to enforce their database right even if the copyright-protected elements of the database have been licensed under a Creative Commons license. The two exceptions are the Creative Commons Netherlands and the Creative Commons Belgium licenses, which include the database right in the license and, thus, these licenses will enable people to appropriate and distribute database contents to the public.
How does a database provider make sure it has the necessary authority to apply a Creative Commons license to a database?
Creative Commons licenses can be applied to a copyright-protected work by either the original creator of that work or by a person who has the express permission from the original creator (the licensor of the work).
In the case of a database and its many different elements, database providers need to think about how they obtained each element because this will assist in identifying whether they have the necessary rights and permissions. Essentially, the database elements can only be made available under a Creative Commons license: (1) if the database provider is the owner of the copyright in those elements; or (2), where the database providers does not own the copyright but it has the express and explicit permission (a license) from the owner of copyright to do this.
The original creator of a work will generally be the first owner of copyright in that work. A person can also become the copyright owner by an express written agreement, signed by a creator or copyright owner, transferring ownership of the copyright. In some circumstances, an employer becomes the first owner of copyright in anything created by their employees. In the US, there is an additional category of works in respect of which ownership of copyright will be transferred from the creator to another party—works made for hire. To qualify as a work for hire, the work must come within one of nine categories of works, be specially commissioned and be the subject of a written and signed agreement that the work is a work for hire. For more information about works for hire under United States law, check out this information circular from the United States Copyright Office.
Before database providers make a database or database elements available under a Creative Commons license they need to make sure they own the rights or have the necessary licenses. This process is known as “rights clearance.”
Often databases are generated by a network of individuals contributing and editing data. Many contributors often do this without any legal agreements in place. If contributed data are sufficiently creative for copyright to apply, then each contributor likely owns the copyright to his or her submission. To offer these data under a Creative Commons license, each contributor must agree to do so. If, however, the contributions are factual, then rights need to be cleared only if the law that applies to the database protects such information. Database providers can include a condition in the “Terms of Submission” (or something similar) that expressly provides that any person who submits information agrees to make their submission available under a Creative Commons license and any other terms set out in the “Terms of Use” or other legal notices section.
What legal issues do Creative Commons licenses not cover?
Creative Commons licenses only apply to copyrightable works. There may be many other legal issues that arise in relation to copyrighted materials that Creative Commons licenses do not cover and that database providers need to consider. For example, Creative Commons licenses do not affect patent rights. Although copyright does not protect factual information, patent law does protect ideas, inventions, processes and methods. Database owners should think about the extent to which they need to make their database users aware of the fact that patent rights may restrict the use that can be made of the factual information contained in a database.
I understand everything above and want to apply a Creative Commons license to my database. How do I go about doing that?
Visit our “Publish” page to select the license that suits your preferences via our license generator. Remember that before applying a Creative Commons license, database providers need to make sure that they own the necessary rights, or have the necessary permissions from the people who do own the rights, to make the database available under a Creative Commons license. Also, database providers should remember to think about exactly which components of their database they want to be used and reused in accordance with a Creative Commons license and make sure that this is clearly marked on the database.
Questions for Database Users:
I am a database user, does this mean I can just use & copy anything from a Creative Commons-licensed database?
Which parts can I use under the Creative Commons license?
Under a Creative Commons license a database user can use all of those parts of a database that the database owner makes available under the Creative Commons license—consistent with the terms of that license. Because databases are complex, database users should carefully check which elements are under the Creative Commons license and which are not. They should also carefully the terms of the applicable Creative Commons license to under what uses are permitted and which are not. This page provides an overview of the Creative Commons licenses.
Facts are (generally) free (as in freedom)
In general, “facts are free” so database users should be able to use factual information contained in a database without restriction. Database users should, however, check any “Terms of Use” or other legal notices that the database provider has applied to the database in case additional conditions have been placed on the use of the factual data contained in the database.
Be aware that Creative Commons licenses do not license all types of legal rights
Database users should be aware, before they freely use the facts or database elements, of some possible limitations imposed by different types of laws that may restrict the extent of data that can be used and that are not licensed by the Creative Commons licenses. Examples of potential limitations that may be imposed are by: (1) patent law; and, (2) for databases hosted in the European Union, laws that recognize a database right (which we explain some more below); (3) laws in jurisdictions in which copying a large amount of data is considered to be the equivalent of copying the database itself (which we also explain some more below).
To find out more information about whether something is protected by a patent (and you are based in the United States), you should check out the United States Patent & Trademark Office. It also has links to non-United States based patent bodies and international patent organizations that may also provide you with useful information to understand the scope of patent rights.
Consider that database rights may apply
Users of European databases should also be aware of the fact that the database may be protected by a sui generis (ie. copyright-like) database right that is not actually a copyright right and thus, not licensed under the standard Creative Commons licenses (except the Belgium & Netherlands Creative Commons licenses).
The database right applies to databases that have been created with considerable investment and protects against unauthorized extraction and re-utilization of the data. In general, it is an infringement of this database right to appropriate and distribute to the public the whole or part of the contents of the database without the database owner’s permission.
With two exceptions, a Creative Commons license will not impact the existence of this database right and thus, database users need to check out the “Terms of Use” or other legal notices section to see if the database owner is limiting its database right in any way. The Creative Commons Netherlands and the Creative Commons Belgium licenses include the database right in the license and thus, these licenses will enable you to copy and distribute database contents consistent with the license terms.
Of course, none of the Creative Commons licenses or database terms will limit the four exceptions to the database right. The four exceptions are for use: (1) for private purposes of a non-electronic database; (2) where there is use for the sole purpose of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved; (3) where there is use for the purposes of public security of for the purposes of an administrative or judicial procedure; (4) where other exceptions to copyright (such as fair use or fair dealing) are involved, without prejudice to points (1), (2) and (3).
Think before copying large amounts of data
In some jurisdictions, it may be an infringement of the copyright in database overall, to copy and use large amounts of data, even if it is unprotected factual information. Consequently, if a database user is planning to copy large amounts data, whether factual or not, they may want to think about whether their use is in keeping with the Creative Commons license and/or if it is not, whether they may otherwise be infringing on the copyright in the database overall (if that has not been licensed under a Creative Commons license).
