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Database right
A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright. Such rights are often referred to in the plural: database rights.
The TRIPS Agreement requires that copyright protection extends to databases and other compilations if they constitute intellectual creation by virtue of the selection or arrangement of their contents, even if some or all of the contents do not themselves constitute materials protected by copyright. Many[quantify] countries act in accordance with this requirement, as databases are protected by copyright if this condition is met, and there is no separate intellectual property right protecting databases (or any aspects of them) that do not meet the conditions for copyright protection. The database right extends protection over databases which does not depend on the condition required for copyright protection, and is recognised only in a small number of jurisdictions, most notably the European Union.
In European Union law, database rights are specifically coded (i.e. sui generis) laws on the copying and dissemination of information in computer databases. These rights were first introduced in 1996. On 11 March 1996 the Council of the European Union passed Directive 96/9/EC of 11 March 1996 on the legal protection of databases, giving specific and separate legal rights (and limitations) to certain computer records. The law calls these database rights. Rights afforded to manual records under EU database rights laws are similar in format, but not identical, to those afforded artistic works.
Database rights last for 15 years. Each time a database is substantially modified, however, a new set of rights are created for that database. An owner has the right to object to the copying of substantial parts of their database, even if data is extracted and reconstructed piecemeal. Database rights under the EU are created automatically, vested in the employers of creators (when the action of creation was part of employment), and do not have to be registered to have effect.
Database rights are independent of copyright: The arrangement, selection, and presentation of the data may be protected by copyright, while the database as a whole can be protected by database right.
On 1 January 1998, The Copyright and Rights in Databases Regulations 1997 came into force, which implemented the EU Database Directive. These regulations made a number of amendments to the Copyright, Designs and Patents Act 1988 with respect to databases, a database being defined as
The regulations extend existing copyright law to databases, to the extent that they constitute "the author's own intellectual creation".
In addition, regulations 13 and 14 create a database right. Database rights automatically subsist if there has been a "substantial investment in obtaining, verifying or presenting the contents" of the database.
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Database right
A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright. Such rights are often referred to in the plural: database rights.
The TRIPS Agreement requires that copyright protection extends to databases and other compilations if they constitute intellectual creation by virtue of the selection or arrangement of their contents, even if some or all of the contents do not themselves constitute materials protected by copyright. Many[quantify] countries act in accordance with this requirement, as databases are protected by copyright if this condition is met, and there is no separate intellectual property right protecting databases (or any aspects of them) that do not meet the conditions for copyright protection. The database right extends protection over databases which does not depend on the condition required for copyright protection, and is recognised only in a small number of jurisdictions, most notably the European Union.
In European Union law, database rights are specifically coded (i.e. sui generis) laws on the copying and dissemination of information in computer databases. These rights were first introduced in 1996. On 11 March 1996 the Council of the European Union passed Directive 96/9/EC of 11 March 1996 on the legal protection of databases, giving specific and separate legal rights (and limitations) to certain computer records. The law calls these database rights. Rights afforded to manual records under EU database rights laws are similar in format, but not identical, to those afforded artistic works.
Database rights last for 15 years. Each time a database is substantially modified, however, a new set of rights are created for that database. An owner has the right to object to the copying of substantial parts of their database, even if data is extracted and reconstructed piecemeal. Database rights under the EU are created automatically, vested in the employers of creators (when the action of creation was part of employment), and do not have to be registered to have effect.
Database rights are independent of copyright: The arrangement, selection, and presentation of the data may be protected by copyright, while the database as a whole can be protected by database right.
On 1 January 1998, The Copyright and Rights in Databases Regulations 1997 came into force, which implemented the EU Database Directive. These regulations made a number of amendments to the Copyright, Designs and Patents Act 1988 with respect to databases, a database being defined as
The regulations extend existing copyright law to databases, to the extent that they constitute "the author's own intellectual creation".
In addition, regulations 13 and 14 create a database right. Database rights automatically subsist if there has been a "substantial investment in obtaining, verifying or presenting the contents" of the database.
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