Principle To Determine The Right On Database In Commercial Use

Due to the rapid development of database industry,it has been more common in recent years that the database as a commodity exchanges between different people.On the one hand,the operation of the database industry requires a rule;on the other hand,the current law on this issue has not yet had time to make special provisions.Thus,in the commercial utilization of the database,the incidence of disputes on database has been hovering at a high level.In the matter of fact,database could be sorted into two types,one of which is original dabase and the other is non-original database.Original database means that the database itself can be deemd as a piece of work according to Copyright Law,but non-riginal database is in the opposite place.In this paper,the principle to determine the right on database in commercial use was discussed using literature analysis,policy analysis and case law analysis method.Principles to different types of databases are analyzed and demonstrated.This article is divided into five parts.In Chapterâ… ,the writer introduces the basic concepts of the database and its main commercial use, briefly describes the system of the rights on database,and points out the main issues to be resolved.In Chapterâ…¡,the status quo of the international protection to the rights on database is described,which refers to the United States,European Union as well as Japan,etc.Chapterâ…¢is the focus part,which alanyzes and demonstrates the principle to determine the right on non-original database as "the investor benefits the investment".Chapterâ…£is another important part,which points out the principle to determine the right on original database as "originality and innovation".In addition,the suggestion for the database owner how to get copyright holder's authorization when he uses works in his database is given in Chapterâ…¤,which is quite helpful in avoiding disputes.