On Wed, 19 Nov 2008, Walter Briscoe wrote:

In message of Tue, 18 Nov
2008 23:55:26 in uk.transport.london, Tom Anderson
writes
On Tue, 18 Nov 2008, Walter Briscoe wrote:

[snip]

They answered me, yesterday. Unfortunately, I can't copy the data un the
answer as they put the following in the reply: "Brief extracts of the
material may be reproduced under the fair dealing provisions of the
Copyright, Designs and Patents Act 1998". I think they mistakenly refer to
the 1988 Act, but know nothing and may be wrong.

I imagine you're right. But: whilst they have copyright over the text of
the document, that doesn't cover the information within it - copyright is
over expressions, not ideas. Over the information, they (may) have a
database right, which stems from a bit of legislation that amended CDPA
1988, and did indeed come into force in 1998:

http://www.opsi.gov.uk/si/si1997/19973032.htm

Which is all a bit mental and one of the bits of IP law i really don't
understand.

The words used are "Copyright, Designs and Patents Act 1998 (sections 29 and
30)". You refer to a statutory instrument.

Yes - one which amends the Copyright, Designs and Patents Act. The text in
it (the important bits, at least) became part of that act. Sections 29 and
30 of CDPA 1988 do indeed deal with fair dealing, and 29 was amended by
this order to cover databases.

The act was originally passed in 1988, but those amendments were made in
1998, and i hypothesise that this is the source of TfL's confused
terminology.

tom

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