By Zhang G.
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A Recital makes clear that ‘scientific research’is intended to cover both the natural sciences and the human sciences 65. 61 ibid, Recitals 31 to 35 64 ibid, Articles 6(2) and 9 62 Database Directive, Recital 47 65 ibid, Recital 36 63 ibid, Articles 6(1) and 8 24 CHAPTER 2: EUROPEAN UNION LAW AND POLICY IN RELATION TO THE LEGAL PROTECTION OF DATABASES Where other exceptions to copyright which are traditionally authorised under national laws are involved they may continue,but subject to the provisions relating to the points related to optional exceptions and to non-commercial purposes referred to above 66.
If it is not a database, it may still be protected by copyright under the national laws of one or more of the Member States notwithstanding its lack of human creativity, but it cannot be protected by the Community’s sui generis right. 3 Transitional protection for existing databases A significant feature of the Database Directive as adopted, by comparison with earlier versions, is the addition at a late stage in the proposal’s development of a provision allowing databases which were in existence and protected under copyright arrangements in a Member State before 27 March 1996, but which do not fulfill the intellectual creativity criterion for copyright protection laid down by Article 3(1) of the Database Directive, to continue to enjoy copyright protection in that Member State for the remaining term of protection afforded to them under that Member State’s arrangements 79.
This reflects the so-called three-step test in Article 9(2) of the Berne Convention 42 ibid, Recital 44 43 ibid, Recital 46 44 ibid, Recital 44 20 CHAPTER 2: EUROPEAN UNION LAW AND POLICY IN RELATION TO THE LEGAL PROTECTION OF DATABASES be read and reconciled with the requirement that the maker of a database which is made available to the public in whatever manner may not prevent a lawful user of the database from extracting and/or re-utilising insubstantial parts of its contents for any purposes whatsoever 45, presumably including extraction and/or re-utilisation for commercial purposes.
A 17/10-approximation algorithm for k -bounded space on-line variable-sized bin packing by Zhang G.