RIGHTS IN DATABASES AND OPEN DATA POLICIES – CONVERGENCE OR CONFLICT?

Directive 96/9/EC on the legal protection of databases on the European level regulates rights in databases. This Directive aimed to harmonise part of copyright law dealing with databases and incentivise the development of the information society and investment in creating databases. Nevertheless, since this Directive was among the earliest ones in the copyright field, many issues arose over time with the development of the information society concerning the protection of the rights in databases. The development of open data policies is one of the most significant concepts that interfere with copyright and related rights, particularly with rights in databases. It will be discussed here whether the open data policies conflict with the protection of rights in databases or if they make convergence in which both concepts may exist and continue to develop together, side by side.