Databases

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Data or other information is collected in databases, then methodically or systematically organised and made available through electronic devices. In Swiss copyright law, databases fall under the category of collected works. As specified in Art. 4 para. 1 CopA, they are protected when the selection or arrangement is an intellectual creation with an individual character; the selection and compilation of data must therefore be creative and unique or original (e.g.: the existing database on the copyright-related content or a digital library catalogue selected by academic librarians in accordance with particular criteria and enriched with keywords, which requires intellectual effort and a particular level of individuality).On the other hand, if data in a database is only fed in based on logic, (sector) commonalities or prescribed plans, then it lacks individual character and consequently is not protected by copyright (e.g.: a database with legally prescribed medical information, cf. in this regard the Civil Court Steering Committee of the Canton of Basel-Stadt dated 20 January 2004, in sic! 2004, 490 et seq.).