Legal Question in Intellectual Property in New York
Licence and Copyright - Dictionary
I am developing a site that will have a dictionary (English to Spanish). I am thinking of getting a licence to use the database of a particular dictionary. The dictionary will be modified by our company and the site users so my question is: When will I have the right to have my own licence of the dicionary. Is there a percentage of the dict that needs to be modified so that the new dictionary is ''ours'' and we have legal rights? Thanks!
3 Answers from Attorneys
Re: Licence and Copyright - Dictionary
The process involves 2 steps.
First, you'll need to get permission (so-called license) from the owner of the original dictionary to have the right to modify their dictionary. That may involve a license fee from the owner, so it all depends on the economic potential of your website.
Second, assuming that the owner does grant you the right to modify their dictionary, the "modified" version that you created, assuming that it's original enough, may be entitled to copyright protection. However, to make sure that the "modified" version belongs to you, not the owner, to be on the safe side, need to specify such in your licensing contract with the owner. Hope this helps.
Re: Licence and Copyright - Dictionary
If you use their dictionary to make your own product, you still need to pay them for that use and negotiate the terms with them. If you don't need their dictionary, then avoid using it.
Re: Licence and Copyright - Dictionary
There is no "right" to have your own license, or certain number of modifications that somehow makes the database yours.
The license you obtain from the owners of the dictionary will be in the form of a contract. If you need special features in that contract, it would be worth your while to have an attorney review the document (or negotiate the deal) to make sure you get what you need.