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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Can you kindly advise briefly in which way specifically you propose to use the data please?
Hi,I would like to develop an app that allows slimmers keep track of their food on a daily basis. If you are a weight watchers member - you track points for various foods - so the app would need to allows the user to choose the food and display the points. For slimming world they use 'syns' - so the app would need to allow the user to choose foods and display their syn value.
I do not want to advertise the app as a 'Weight Watchers' or "slimming world" diary - but ultimately the data the app will be drawing on has been devised by WW or SW
Thanks. compilation of data is capable of benefiting from copyright protection providing the compilation is what is known as a "new work" as opposed to a copy of another database. Assuming that the data sets you wish to have access to are not simply or largely copies of another database they are likely to benefit from copyright and as such you would require permission from the rights holder in order to use the data. There is an exemption for data mining datasets for non-commercial research purposes but if the app is a commercial proposition this exemption would not apply.
if you do not benefit from an exemption, you would need to consider contacting the rights holder for a licence to access the datasets in order to use them as part of your app. The rights holder may seek to charge a fee for access to the datasets or they may be willing to make them available on non-commercial terms
if you failed to obtain a licence for access for use in the commercial application, you run the risk of being sued by the rights holder for loss of revenue which can be assessed based upon the rights holders usual terms for granting a licence so proceeding without permission does carry risk
Does the above answer all your questions or is there anything I can clarify or help you with any further?
Have I been able to help you with all your questions on the above?
May I just ask how 'New Work' is defined?
For example - if within my app the user choose cadburys flake option - the app would need to show a sun value of 15.Those values will have been manually entered by me, but are based on the calculations slimming world offer within their literacy - so I am copying their 'syn' value.
In order that the compilation benefits from copyright, the rights holder must be able to show that the compilation of data shows a degree of labour, skill or judgement in creating something different to that which has gone before.
If for example they had simply copy and pasted an existing database, this would be a derivative work and not capable of separate copyright protection.
If the can show that the database is new based on the above criteria then they can claim copyright protection.
Ok that is helpful - thank you very much for your advice today
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me. Good luck with your development.
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Sure, thank you.