Do you have the rights to license this dataset? A four-layer checklist

In the United States, raw facts are not copyrightable, so the rights in a dataset usually come from somewhere else: contracts, trade secret status, and the copyright in the works it contains. Privacy law then limits what any of those rights let you do.

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Where the right to license comes from

  1. Copyright Included works and original compilation.
  2. Contract & trade secret Customer, vendor and platform terms.
  3. Privacy limits Who is identifiable and what they were told.
Ownership is the start, not the whole permission chain

Original source

Who created or collected it?

Rights chain

What contracts and permissions apply?

Proposed AI use

Does the allowed scope cover this use?

Check copyright, contract restrictions and personal-information obligations separately. Access alone is not permission to license.

The layers

LayerSource of the rightQuestion to answer
Copyright in included worksCopyright Act; authors or assigneesDoes the set contain articles, images, recordings or code someone else authored?
Compilation copyrightOriginal selection/arrangement (Feist)Is your structure creative, or merely exhaustive and alphabetical?
ContractYour terms with customers, vendors, platformsDoes any agreement limit reuse, transfer or AI use?
Trade secretDTSA and state lawWould licensing disclose information you protect as secret?
Privacy (limit, not a right)FTC Act, CCPA, HIPAA, BIPA, COPPAIs anyone identifiable, and what were they told?

No 'database right' in the US

Unlike some jurisdictions, the US has no standalone right protecting databases for the investment that went into them. After Feist, your leverage over a factual dataset rests mostly on access control and contract. That is why license terms and delivery method matter so much.

Fair use doesn't settle your position

Whether training on unlicensed material is fair use is being argued in courts and was analyzed in the Copyright Office's report on generative AI training. Either way, it doesn't give you, the seller, rights over works you didn't author, and buyers paying for a license typically want clean title regardless.

How this affects value

Clean title is what a license fee pays for; each unresolved layer narrows the grant you can offer.

See what shapes a dataset's value

Turn the archive into a clear proposal.

Inventory the records, document the rights and define the use before any conversation about price.