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Re: Zip codes and Electoral districts

Posted by Robin Millette on Feb 09, 2007; 8:24am
URL: http://civicaccess.416.s1.nabble.com/Zip-codes-and-Electoral-districts-tp865p880.html

I've been quiet, but busy compiling (thus crashing my browser often -
what's wrong with having 60 tabs open?) a bunch of info and pointers
on database rights in Canada.

On 2/8/07, Tracey P. Lauriault <[hidden email]> wrote:
> Stéphane Zagar wrote:

> > I don't see how this can be copyrighted. Someone (you Daniel ?) told
> > that facts can't be copyrighted. I just can't imagine how this could
> > be copyrighted ! Damned I could call every and each Canadien citizen
> > and ask him his zipcode and his electoral district, then can't use this ?
> it is a unique arrangement of facts.  Most databases are full of facts,
> rivers, households, telephone numbers.  It is not the fact but the
> unique arrangement of these facts that make them copyrightable.

Databases are protected under the Copyright terms in Canada and should
be seen as "compilations".

I'm still going thru all this, but I had to share this quote from a
Legal Study on Databases by  Canadian Heritage:
http://www.canadianheritage.gc.ca/progs/ac-ca/progs/pda-cpb/pubs/database/08_e.cfm

"In the context of databases, data and facts are by themselves not
protectable in favour of the compiler. A compilation is protected
where the selection or arrangement of the content has met the required
test for originality, but only these features of selection or
arrangement qualify for protection. A close similarity between data
and facts of two or more databases could be used to demonstrate that
an unauthorized reproduction of one database by others has occurred.
However, the essential focus must be upon only the selection or
arrangement and not the data and facts themselves."

>From what I could gather, scraping the web for this information and
turning the info into SQL ourselves would be ok with regards to
Copyright, but might be subject to
2. Section 326(1)(b): Theft of Telecommunication Service

See for more info:
http://www.canadianheritage.gc.ca/progs/ac-ca/progs/pda-cpb/pubs/database/21_e.cfm

--
Robin 'oqp' Millette : http://rym.waglo.com/