|Term||Database Protection Override Clause Indicator|
|Definition||A clause that provides fair use protections within the context of assertions of database protection or additional proprietary rights related to database content not currently covered by U.S. copyright law|
|Sample||"Authorized Users shall not be restricted from extracting or using information contained in the Database for educational, scientific, or research purposes, including extraction and manipulation of information for the purpose of illustration|
Facts on copyright
- First-sale doctrine Copyright law does not restrict anyone from reselling legitimately obtained copies of copyrighted works, provided that those copies were originally produced by or with the permission of the copyright holder. It is therefore legal, for example, to resell a copyrighted book or CD. In the United States this is known as the first-sale doctrine, and was established by the courts to clarify the legality of reselling books in second-hand bookstores.
- With the exception of a small number of countries which still require notices to be on works, this requirement is generally optional except for works which were originally created before the particular country became a member of the Berne Convention (the members of which are collectively known as the Berne Union).
- The American exclusive rights tradition is inconsistent with the notion of moral rights as it was constituted in the Civil Code tradition stemming from France's revolution. In the United States, exclusive rights are statutory and granted by Congress. The first major copyright case in the United States, Wheaton v. Peters, established that copyright was not a natural right or a common law right. Although the case was later nullified when the Supreme Court declared it null and void, it soon became a symbol for the morality of copyright. When the United States signed the Berne Convention, they stipulated that the Convention's "moral rights" provisions were addressed sufficiently by other statutes, such as laws covering libel and slander. In most of Europe it is not possible for authors to assign their moral rights (unlike the copyright itself, which is regarded as an item of property which can be sold, licensed, lent, mortgaged or given like any other property).
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