Databases
Database right
The database right is introduced by Part III (Regulations 12-25) of the Copyright and Rights in Databases Regulations 1997, S1 1997/3032 as free standing legislation. This has also resulted in amendment to the Copyright, Designs and Patents Act (the Act) to provide coverage for those databases which qualify for copyright protection.
What is a database?
A collection of independent works, data or other material – which are arranged in a systematic or methodical way
and
are individually accessible by electronic or other means.
How does a database qualify for copyright protection?
Protection as a copyright work
In order for a database to gain protection as a literary copyright work, it must meet an originality test, as follows:
‘By reason of the selection or arrangement of the contents of the database, the database constitutes the authors’ own intellectual creation
If a database is capable of copyright protection – the scope of protection and ownership is the same as for any other literary copyright work.
How Does a Database Qualify for Database Protection?
If a database does not meet copyright protection criteria, but fulfils the definition of a database it will receive the database right if:
‘There is substantial investment in obtaining, verifying, or presenting contents.’
A database right applies regardless of copyright protection (in the complete database)or in the individual elements held in the database.
Note: Copyright and database right can be concurrent.
Duration of Database Right
15 years from 31 December of the year when the database was completed
The database right is renewable if ‘substantial’ change made to database which therefore equals new investment.
Database Right – Ownership
The ‘maker’ of the database is the first owner of the database right.
The ‘maker’ is:
‘the person who takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation shall be regarded as the maker of, and as having made the database’
In other words:
PRODUCER (INVESTOR – the person/employer/company who invested the capital)
Infringements of database right
Infringement of the database rights will occur if you (without the permission of the database owner (maker):
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extract (the permanent of temporary transfer of substantial parts of those contents of the database to another medium by any means of in any form) or
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re-utilise (make substantial parts of those contents of the database available to the public by any means)
Note: repeated and systematic extraction or re-utilisation of insubstantial parts of the contents of a database may amount to the extraction of re-utilisation of a substantial part of those contents of a database.
Exceptions to database right
Fair dealing
The fair dealing provisions are very limited in databases and apply only to lawful (licensed) users of databases which have been made available to the public in any manner.
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lawful (licensed) users may extract for fair dealing a substantial part of a database for the purpose of illustration for teaching or research and not for any commercial purpose and the source is indicated.
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deposit libraries – please refer to Legal Deposit Libraries Act 2003 for fuller information.