Glossary created by Berkman Center team
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A database is a collection of data on a particular topic or topics, usually searchable, aggregated into one place.
Databases have an unusual relationship with copyright. The creator of a database can hold copyright in the database, but only in certain aspects of it, because the contents of a database are either facts, in which case they aren’t copyrightable at all, or they are non-factual, but therefore already under copyright, and controlled by different rights-holders. However, a lot of work can go into creating a database, and some jurisdictions recognize and protect that labor.
For example, in the U.S., the copyright in databases is colloquially known as “thin” ( as opposed to "thick") and is only in the selection and arrangement of the materials. On the other hand, in the European union, databases receive 15 years of protection to protect the investment of time, money and resources on the part of the database creator.
The practice of sifting through large quantities of data, often in a database, to identify and make use of the patterns and details that emerge.
For example, consumer goods corporations mine the data generated by frequent shopper cards in order to better target advertisements. The company Google mines the data generated by the searches it performs to more accurately perform subsequent searches and to effectively target the advertisements that are alongside. Scientists mine the data generated by large-scale surveys of natural phenomena, whether astronomical observations or genetic codes.
Depending on the sort of data being mined, privacy issues can become a very real and important concern.
A derivative work is one that adapts or modifies an existing work, drawing on that work for its substance and general material.
A film based on a novel is a derivative work of that novel. An action figure based on a character from an original film is a derivative work of the film.
A derivative work may or may not be copyrightable on its own, depending on how much original material it contains, and whether permissions were granted for the copied material. The U.S. copyright office says “To be copyrightable, a derivative work must be different enough from the original to be regarded as a new work or must contain a substantial amount of new material.”
For example, Alfred Bester’s novel The Stars My Destination is inspired by and modeled after Dumas’ The Count of Monte Cristo. It is arguably a derivative work of that older novel. However, Bester's book clearly has sufficient original material to qualify for copyright protection on its own, and further, is original enough that it would not infringe copyright in Dumas’ book, were that book still protected by copyright. On the other hand, an independent screenwriter's new screenplay featuring the "Rocky" character made famous by Sylvester Stallone was found to be clearly a derivative work, in which no copyright could be had.
The DMCA is the short name for the Digital Millennium Copyright Act.
The DMCA is copyright legislation that was passed in the United States in 1998. Its intended purposes were to bring U.S.copyright law more into harmony with international norms and to address many of the new concerns that digital technology and file-sharing raised. The DMCA contains the now-notorious anti-circumvention provisions, which made it illegal, even for a legitimate user, to avoid, break or disable any technological measures protecting content. It also created what are known as “safe harbors”, descriptions of behavior where Internet service providers could be certain they would not be legally liable for the actions of their users.
DRM, or “Digital Rights Management” is a catch-all term for any technological measures, usually but not always software-based, that are put in place to protect copyrighted content.
DRM usually works by restricting access to the content in some way. DRM applies to all would-be users of the content, event those who have purchased it, or the right to access it, legally. Most DRM techniques are also easily circumvented by a technically adept and/or determined user. Therefore, DRM has the net effect of inconveniencing legitimate users, sometimes seriously, and being a minor inconvenience at best for professional criminal users. Additionally, certain forms of DRM can raise serious privacy concerns, as well as call into question the very idea of “ownership” of digital information.
For these reasons, DRM has been heavily criticized, and there may be a trend in the content industry away from its use. For example, after many complaints from users, iTunes and Amazon now offer DRM-free music downloads, and most of the major record labels have given up on DRM for digital music. However, the Recording Industry Of America, and the Motion Picture Industry of America have both said that they see DRM being part of their business models for the foreseeable future.
Due diligence refers to the level of effort someone must make in order to have fulfilled their legal duties in a particular situation.
It is the standard of care that person must exercise. In the copyright context, the term is most often encountered with respect to the necessary efforts a would-be user of content must make to locate the holder of the rights in a particular piece of content. This has become an important concept recently with respect to so-called ”orphan works” and the Google Book Search project.