Thursday, April 12, 2012

3334.txt

date: Tue, 21 Jul 2009 13:22:15 +0100
from: "Palmer Dave Mr \(LIB\)" <David.PalmeratXYZxyz.ac.uk>
subject: McIntyre EIR request (FOI_09-44; EIR_09-03) - Draft response
to: "Jones Philip Prof \(ENV\)" <P.JonesatXYZxyz.ac.uk>, "Mcgarvie Michael Mr \(ACAD\)" <k364atXYZxyz.ac.uk>

Phil/Michael,
A draft response along the lines discussed yesterday. I would expect an almost immediate
appeal of this decision by Mr. McIntyre.

Phil, as your concern is the publication of the requested information, I wonder if a
possible alternative is to release it but place conditions on it's use. This will ONLY
work if UEA has some rights in the data itself or in the database. 'Copyright' in the
contents of a database would require some personal creative input by ourselves to the data
or database that would render it different from preceding external versions and
'original'.

However, even if the contents aren't 'original', there is a 'database right' where the
contents of the database are assembled as the result of substantial investment in
obtaining, verifying, or presenting it's contents. It is the framework, not the contents,
that attracts the rights. These rights exist for 15 years from the completion of the
database BUT any substantial change to contents will 'renew' the database rights for
another 15 years. The owner of database rights has the right to prevent the extraction or
reuse of all or a substantial portion of the database.

There is 'fair dealing' in database rights to the extent that anyone has a right to extract
& reuse an insubstantial portion of the database (not really defined in law but it's very
small) for any purpose, or where the portion is substantial, extract and use data for
non-commercial research or private study. What can't be done is re-issuing this information
to the public under a different guise.

The upshot of all of this is that, if we have a 'database right' in this information, then
we can release it BUT insist on our exclusive right to re-use the information - BUT the
issue is actually 'enforcing' those rights...... more difficult in practice than in law or
theory....

Just thought I would proffer this as an option in place of the refusal and the inevitable
appeal.

Cheers, Dave

<<Response_letter_DRAFT.doc>>

____________________________
David Palmer
Information Policy & Compliance Manager
University of East Anglia
Norwich, England
NR4 7TJ
Information Services
Tel: +44 (0)1603 593523
Fax: +44 (0)1603 591010
Attachment Converted: "c:\eudora\attach\Response_letter_DRAFT2.doc"

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