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 Norway’s copyright law and how such protection operates in conjunction with Article 43 of the Copyright Law, which provides that “works by which a considerable amount of information has been compiled” are protected for 10 years.
Databases which constitute an intellectual creation are protected as literary works under the Norwegian Copyright Act. The "catalogue rule" in Section 43 applies to "Formularies, catalogues, tables and similar works in which a large number of items of information have been compiled", and will apply also on databases. The second paragraph of Section 43 states that if the content of a database is wholly or partly subject to copyright, such may also be applied. The catalogue right differs form the copyright protection of data bases in many respects; there are no criterion of creativity, only "reproduction" is protected unlike copyright protection which protects against "producing copies", the term of protection is only ten years for catalogues, and finally the catalogue rule applies only to works that are published in Norway.