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