United States of America
Copyright and Related Rights
6. Article 10 of TRIPS requires that databases based on factual information that constitute intellectual creations by reason of the selection or arrangement of their contents be protected. Please explain whether and how databases are protected under Denmark’s copyright law and how such protection operates in conjunction with Article 49 of Denmark’s Copyright Law, which provides that “productions in which a great number of items of information have been compiled” are protected for ten years.
A database can be protected as a work according to Section 1 of the Copyright Act or if it consists of protected works it can be protected as a composite work according to Section 5 of the Act. In both cases the database is protected on the condition, that the compilation is the authors own creative effort and expresses his individuality. Quite a different matter is the protection provided for in Section 71 for catalogues, tables or other similar productions in which a large number of information items have been compiled. Those may not be reproduced without the authorization of the producer until 10 years have elapsed from the year in which the production was made public. However, the protection expires 15 years after the end of the year in which the work was produced. This is a "related right", i.e. a production outside copyright which operates for the benefit of the producer and has its main function in case such a compilation (also in the form of a database) does not meet the criteria for copyright protection. However, the provision also states that if a production of its kind, or a part thereof, is subject to copyright, copyright protection may also be claimed.