Database right

Last updated

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. [1] Such rights are often referred to in the plural: database rights.

Contents

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. [2] Many 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.

Countries that recognise database rights

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, [3] 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. [4]

United Kingdom

On 1 January 1998, The Copyright and Rights in Databases Regulations 1997 [5] came into force, which implemented the EU Database Directive. [6] These regulations made a number of amendments to the Copyright, Designs and Patents Act 1988 with respect to databases, a database being defined as

"a collection of independent works, data or other materials which ---
(a) are arranged in a systematic or methodical way, and
(b) are individually accessible by electronic or other means" [7]

The regulations extend existing copyright law to databases, to the extent that they constitute "the author's own intellectual creation". [8]

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.

Such rights remain in force under regulation 17(2) until the end of the 15th calendar year from the date on which the database was first made available to the public. During that period, database right will be infringed by any person who, without consent, "extracts or re-uses all or a substantial part of the contents of the database", whether all at once or by repeated extractions of "insubstantial" parts.

On the other hand, any lawful user of the database has a right under regulation 19(1) "to extract or re-use insubstantial parts of the data for any purpose", and that right cannot be restricted by the database owner (regulation 19(2)). The term "substantial" is defined to mean "substantial in terms of quantity or quality or a combination of both".

Under the Brexit withdrawal agreement, database rights that existed before 1 January 2021 retain reciprocal recognition between the UK and EEA for their original duration, while those created on or after that date are only protected within the creator's jurisdiction - either the EEA or the UK. [9]

Russia

In article 1260 of the Civil Code of Russia, a database is a collection of independent materials presented in an objective form (articles, accounts, legal texts, judicial decisions, and other similar materials), which are systematically arranged in a way that these materials can be found and processed by a computer. A database need not be registered to enjoy legal protection, but the Civil Code of Russia provides for the registration of rights, which is useful if the claims are disputed in court. [10]

Russia generally follows the EU model, there are some differences. [11]

Countries that do not recognise database rights

United States

Uncreative collections of facts are outside of Congressional authority under the Copyright Clause (Article I, § 8, cl. 8) of the United States Constitution, therefore no database right exists in the United States. Originality is the sine qua non of copyright in the United States (see Feist Publications v. Rural Telephone Service ). This has not stopped database owners lobbying for the introduction of such a right, but so far bills to introduce it in the US have been prevented by the successful lobbying of research libraries, consumer groups and firms who benefit from the free use of factual information. [12]

Brazil

In Brazil, Federal Law No. 9610 of 1998 (the Law of the authorial rights) confers database owners exclusive rights specifically for copying, distribution and translation of databases. [13] The same law also states that this right is contingent upon the database being the result of an intellectual creation, which may be deemed so based on "the selection, organization, or disposition of its content". [14] Therefore, consistent with international law and the position in many jurisdictions, legislation in Brazil may or may not offer copyright protection to databases, depending on how the database was developed.[ citation needed ]

See also

Related Research Articles

Sui generis is a Latin phrase that means "of its/their own kind" or "in a class by itself", therefore "unique".

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

<span class="mw-page-title-main">Copyright Duration Directive</span>

Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of EU copyright law, made under the internal market provisions of the Treaty of Rome. It was replaced by the 2006 Copyright Term Directive (2006/116/EC).

Ripping is the extraction of digital content from a container, such as a CD, onto a new digital location. Originally, the term meant to rip music from Commodore 64 games. Later, the term was applied to ripping WAV or MP3 files from digital audio CDs, and after that to the extraction of contents from any storage media, including DVD and Blu-ray discs, as well as the extraction of video game sprites.

Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 with the creation of the World Intellectual Property Organization's Copyright Treaty.

Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.

The European Union (EU) proposal for a directive on criminal measures aimed at ensuring the enforcement of intellectual property rights (2005/0127/COD) was a proposal from the European Commission for a directive aimed "to supplement Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights ". The directive was proposed on July 12, 2005 by the Commission of the European Communities.

<span class="mw-page-title-main">Database Directive</span> Directive of the European Union regarding copyright law

The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a directive of the European Union in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonises the treatment of databases under copyright law and the sui generis right for the creators of databases which do not qualify for copyright.

The droit d'auteur or French authors' rights law, is in the jurisdiction of France a set of exclusive prerogatives available to a creator over his or her intellectual work, as part of the intellectual property area of law. It has been very influential in the development of authors' rights laws in other civil law jurisdictions, and in the development of international authors' rights law such as the Berne Convention. It has its roots in the 16th century, before the legal concept of copyright was developed in the United Kingdom. Based on the "rights of the author" instead of on the right to copy, its philosophy and terminology are different from those used in copyright law in common law jurisdictions. The term droit d’auteur reveals that the interests of the author are at the center of the system, not that of the investor.

<span class="mw-page-title-main">Copyright, Designs and Patents Act 1988</span> United Kingdom law

The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.

Spanish copyright law, or authors' right law, governs intellectual property rights that authors have over their original literary, artistic or scientific works in Spain. It was first instituted by the Law of 10 January 1879, and, in its origins, was influenced by French authors' right law and by the movement led by Victor Hugo for the international protection of literary and artistic works. As of 2006, the principal dispositions are contained in Book One of the Intellectual Property Law of 11 November 1987 as modified. A consolidated version of this law was approved by Royal Legislative Decree 1/1996 of 12 April 1996: unless otherwise stated, all references are to this law.

<span class="mw-page-title-main">Related rights</span> Intellectual property rights of a creative work not connected with the works actual author

In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.

<span class="mw-page-title-main">Copyright and Information Society Directive 2001</span> 2001 European Union Directive on Copyright

The Copyright and Information Society Directive 2001 is a directive in European Union law that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome.

Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.

<span class="mw-page-title-main">Integrated circuit layout design protection</span> IP protections for computer hardware

Layout designs (topographies) of integrated circuits are a field in the protection of intellectual property.

<span class="mw-page-title-main">Semiconductor Chip Protection Act of 1984</span> United States intellectual property law

The Semiconductor Chip Protection Act of 1984 is an act of the US Congress that makes the layouts of integrated circuits legally protected upon registration, and hence illegal to copy without permission. It is an integrated circuit layout design protection law.

<span class="mw-page-title-main">Copyright law of Brazil</span> Aspect of Brazilian law

The copyright law of Brazil is primarily based on Law Nº9,610 from 19 February 1998. Additionally, Brazil has signed the Berne Convention and the TRIPS Agreement.

The basic legal instrument governing copyright law in Georgia is the Law on Copyright and Neighboring Rights of June 22, 1999 replacing Art. 488–528 of the Georgian Civil Code of 1964. While the old law had followed the Soviet Fundamentals of 1961, the new law is largely influenced by the copyright law of the European Union.

Copyright in compilation is a facet of copyright law that may provide copyright protection to a compilation of material, irrespective of copyright in the underlying material.

Fashion design copyright refers to the web of domestic and international laws that protect unique clothing or apparel designs. The roots of fashion design copyright may be traced in Europe to as early as the 15th century.

References

  1. ↑ "The Copyright and Rights in Databases Regulations 1997". UK Government. A property right ("database right") subsists, in accordance with this part, in a database if there has been a substantial investment in obtaining, verifying or presenting the contents of the database. United Kingdom implementation of the EU directive. Section 13 (1).
  2. ↑ Article 10.5, TRIPS Agreement. See WTO Overview of TRIPS Agreement
  3. ↑ "Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases". 27 March 1996. Retrieved 27 August 2020.
  4. ↑ Directive 96/9/EC, Article 7, paragraph 4
  5. ↑ "The Copyright and Rights in Databases Regulations 1997".
  6. ↑ "The Copyright and Rights in Databases Regulations 1997 - Part I.2, Implementation of Directive".
  7. ↑ "Copyright, Designs and Patents Act 1988, section 3A (1)".
  8. ↑ "Copyright, Designs and Patents Act 1988, section 3A (2)".
  9. ↑ "Sui generis database rights". GOV.UK. UK government. 30 January 2020. Retrieved 7 April 2022.
  10. ↑ "Юридическое бюро Юрьева - Protection of Databases in Russia". juryev.ru. Retrieved 27 August 2020.
  11. ↑ Kalyatin, Vitaly (5 December 2011). "Problems of Database Protection in the Russian Federation". SSRN   2002715.
  12. ↑ Merges, Robert P (2000). "One hundred years of solicitude: intellectual property law, 1900–2000". California Law Review. 88 (6): 2187–2240. doi:10.2307/3481215. JSTOR   3481215.
  13. ↑ "Lei nº 9.610, de 19 de fevereiro de 1998". Brasil. Art. 87. O titular do direito patrimonial sobre uma base de dados terá o direito exclusivo, a respeito da forma de expressão da estrutura da referida base, de autorizar ou proibir: I – sua reprodução total ou parcial, por qualquer meio ou processo; II – sua tradução, adaptação, reordenação ou qualquer outra modificação; III – a distribuição do original ou cópias da base de dados ou a sua comunicação ao público; IV – a reprodução, distribuição ou comunicação ao público dos resultados das operações mencionadas no inciso II deste artigo.
  14. ↑ "Lei nº 9.610, de 19 de fevereiro de 1998". Brasil. Art. 7º São obras intelectuais protegidas as criações do espírito, expressas por qualquer meio ou fixadas em qualquer suporte, tangível ou intangível, conhecido ou que se invente no futuro, tais como: (...) XIII - as coletâneas ou compilações, antologias, enciclopédias, dicionários, bases de dados e outras obras, que, por sua seleção, organização ou disposição de seu conteúdo, constituam uma criação intelectual.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.