États-Unis d'Amérique
Droit d'auteur et droits connexes
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 how databases are protected under Sweden’s copyright law and how such protection operates in conjunction with Article 49 of the Copyright Law, which limits the protection for catalogues, tables and similar productions in which a large amount of information has been compiled.
Data bases which constitute intellectual creations are protected as literary works under the Copyright Act and are consequently protected also if they originate in another WTO country. Quite a different matter is the protection provided for in Article 49 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 ten years have elapsed from the year in which the production was published. This is a "related right", that is a protection 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 provisions also state that if a production of this kind, or a part thereof, is subject to copyright, also copyright protection may be claimed. If such a catalogue reaches the level of creativity that is needed for protection under copyright, also this protection will apply, maybe for the benefit of the author (who may not necessarily be the same as the producer).