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I think there are two separate things here:

* database rights, which are similar to but distinct from copyright; in particular they last for only 15 years;

* copyright in a particular collection of public-domain things.

Case C-304/07 Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg, which was about an anthology of poems, seems to have involved both things. See if you can make sense of it because I'm not sure I can!



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