Sui Generis Database Right and Official Work Exception

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Year of publication 2019
Type Article in Periodical
Magazine / Source The Grey Journal
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Keywords Sui generis database rights;Official work;Grey literature
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Description Sec. 94 of Copyright Act was amended by “Open Data Act” in the way that official work exception applies mutatis mutandis, to the maker of the database. The new regulation makes it easier to work with public sector databases, including grey publicly funded literature repositories. However, it presents interpretation difficulties. This paper points to them and suggests solutions. The first part analyses the official work exception and its legal construction. The second part briefly deals with sui generis database rights and their exceptions. The third part connects first two topics. It analyses the possibility of application of the official work exception to sui generis database rights and deals with the transitional provision, which contains the amending “Open Data Act”.
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