[lucb1e]

This is about the copyright on the items that people post, i.e. creative works, right? But what if LinkedIn collects facts (where you work, your age, etc.), wouldn't that be covered by sui generis property right (better known as database copyright)?

Does this judgement say anything about that, i.e. whether it matters that users contributed the facts in their collection (so I'm not talking about posts, descriptions, etc.) rather than that they collected it themselves and therefore get a form of property right?

Edit: wait, database copyright is not a thing in the USA. Of course they wouldn't say anything about that.

[nordsieck]

IANAL

> But what if LinkedIn collects facts (where you work, your age, etc.), wouldn't that be covered by sui generis property right (better known as database copyright)?

I don't think so.

> Under the Copyright Act, a compilation is defined as a "collection and assembling of preexisting materials or of data that are selected in such a way that the resulting work as a whole constitutes an original work of authorship." 17. U.S.C. § 101 [1]

The thing is, LinkedIn is not authoring the compilation. The individual users are.

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1. https://www.bitlaw.com/copyright/database.html

[bdowling]

LinkedIn may be the author of the compilation because they curate the database by removing fake profiles and encouraging users to complete their profiles. Also, the graph of connections between profiles may constitute a non-trivial organization method which takes the database out of the trivially-organized databases which were held uncopyrightable in the past. (e.g., Feist v. Rural[0])

In any case, this decision was mostly about upholding the lower court's granting of an order preventing LinkedIn from blocking hiQ's scrapers for the duration of the lawsuit. HiQ could still lose on the copyright questions or other issues.

[0] https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._R....