copyright and rights in databases regulations 1997 bbc bitesize

See our Cookie Policy for more information. 27. (2)In this Regulation the EEA Agreement means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(5), as adjusted by the Protocol signed at Brussels on 17th March 1993(6). (3)A scheme which has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded. 96/9/EC of 11 March 1996(4) on the legal protection of databases, and. A person infringes a database right if they extract or re-utilise all or a substantial part of the contents of a protected database without the consent of the owner. 20.(1)Database right in a database which has been made available to the public in any manner is not infringed by fair dealing with a substantial part of its contents if. However, the evaluation does raise a number of questions, for example there is no equivalent right in the USA (the world's largest database-producing market) and it is increasingly difficult to distinguish between data "creation" and "obtaining" of data due to the increase use of automated data gathering. 26.(1)In this Part commencement means the commencement of these Regulations. 13.(1)Where the Copyright Tribunal has made an order under paragraph 10 or 11 and the order remains in force, the person entitled to the benefit of the order shall if he, (a)pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained, and, (2)The benefit of the order may be assigned, (a)in the case of an order under paragraph 10, if assignment is not prohibited under the terms of the Tribunals order; and. (3)If the Tribunal decides to entertain the reference it shall consider the matter referred and make such order, either confirming or varying the proposed scheme, either generally or so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances. In British Horseracing Board v William Hill [2004], the Court of Justice of the European Union (CJEU) gave guidance on the application of the rules relating to database rights, significantly reducing the scope of protection given to the maker of a database under the Regulations. (4)The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine. (b)to have made it in circumstances not falling within Regulation 14(2) to (4). The legislation attempts to protect personal data in a number of ways, for example: Data controllers must therefore ensure that the way that they obtain, hold and deal with personal data complies with this legislation as the Information Commissioner has wide powers of enforcement and individual data subjects have the right to compensation in certain cases. (3)In this paragraph Royal Commission and statutory inquiry have the same meaning as in section 46 of the 1988 Act. copyright and rights in databases regulations 1997 bbc bitesize rafael angel uribe serna undersized defensive ends remington 1100 performance parts words for a unhealthy relationship barking and dagenham postcode laughlin justice court forms death song native american what illness does the property brothers brother have? The CJEU gave its judgment in these three cases contemporaneously with its judgment in BHB v William Hill. Review any databases that potentially qualify for protection. Whereas a draft of the following Regulations has been approved by a resolution of each House of Parliament: Now, therefore, the Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures relating to copyright(2) and measures relating to the prevention of unauthorised extraction of the contents of a database and of unauthorised re-utilisation of those contents(3), in exercise of the powers conferred by section 2(2) and (4) of that Act, hereby makes the following Regulations:. The protection did not cover the investment involved in actually creating the data which made up the contents of the database. database right shall subsist in the database for the period of fifteen years beginning with 1st January 1998. However, there is a general saving in relation to agreements made before commencement; in particular acts done in pursuance of such agreements whether before or after commencement are not regarded as infringing database right (regulations 27 and 28). 50D.(1)It is not an infringement of copyright in a database for a person who has a right to use the database or any part of the database, (whether under a licence to do any of the acts restricted by the copyright in the database or otherwise) to do, in the exercise of that right, anything which is necessary for the purposes of access to and use of the contents of the database or of that part of the database. However, provisions have been made by the UK to replace references to EEA with UK in the Regulations in order to ensure that UK nationals are still eligible to qualify for the database right in the UK post Brexit. Some of the cookies that we use are provided by third parties. Provided a set of data comes within the definition of a database, it will qualify for protection in its own right under the Regulations (irrespective of whether it benefits from protection under copyright) if there has been a "substantial investment" in obtaining, verifying or presenting the contents of the database (the "Database Right"). in the case of an order under paragraph 11, if assignment was not prohibited under the terms of the original licence. EEA and EEA state have the meaning given by section 172A of the 1988 Act; the material time means the time when the database was made, or if the making extended over a period, a substantial part of that period. The law protects this investment in two ways: This basic guide explains the circumstances in which protection will arise and sets out some practical steps designed to make the most of any rights that exist. To improve our website, we would like to use additional cookies to help us understand how visitors use the site, measure traffic to our site from social media platforms and to personalise your experience. It is not an infringement of copyright in a database for a person who has a right to use the database or any part of the database, (whether under a licence to do any of the acts restricted by the copyright in the database or otherwise) to do, in the exercise of that right, anything which is necessary for the purposes of access to and use of the contents of the database or of that part of the database. database has the meaning given by section 3A(1) of the 1988 Act (as inserted by Regulation 6); extraction, in relation to any contents of a database, means the permanent or temporary transfer of those contents to another medium by any means or in any form; insubstantial, in relation to part of the contents of a database, shall be construed subject to Regulation 16(2); investment includes any investment, whether of financial, human or technical resources; jointly, in relation to the making of a database, shall be construed in accordance with Regulation 14(6); lawful user, in relation to a database, means any person who (whether under a licence to do any of the acts restricted by any database right in the database or otherwise) has a right to use the database; maker, in relation to a database, shall be construed in accordance with Regulation 14; re-utilisation, in relation to any contents of a database, means making those contents available to the public by any means; substantial, in relation to any investment, extraction or re-utilisation, means substantial in terms of quantity or quality or a combination of both. (c)a partnership or other unincorporated body which was formed under the law of an EEA state and which, at that time, satisfied the condition in paragraph (2)(a). that a named person was the maker of the database, or. Out-Law Guide | 24 Dec 2019 | 11:13 am | (2)Where a database is made available to the public before the end of the period referred to in paragraph (1), database right in the database shall expire fifteen years from the end of the calendar year in which the database was first made available to the public. (b)proposes terms for a licence which are unreasonable, (3)A case shall be regarded as excluded from a licensing scheme for the purposes of sub-paragraph (2) if, (a)the scheme provides for the grant of licences subject to terms excepting matters from the licence and the case falls within such an exception, or. Also, some elements of a computer program (for example, on screen look up tables which users may search in order to find information) may constitute a database. Regulation 20, The Copyright and Rights in Databases Regulations 1997 Regulation 23, The Copyright and Rights in Databases Regulations 1997 Content referring to this primary source We are experiencing technical difficulties. 15. 10.(1)The terms on which a licensing body proposes to grant a licence may be referred to the Copyright Tribunal by the prospective licensee. There was therefore no extraction or re-utilisation of a substantial part in the quantitative sense. No changes have been applied to the text. 25.(1)The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings under the following provisions of Schedule 2. that person or organisation may refer the scheme to the Copyright Tribunal in so far as it relates to cases of that description. Data subjects are given rights in respect of the data held about them, for example the right to object to the direct marketing of their personal data. These Regulations apply to databases made before and after the 1st January 1998. In relation to a database which was completed on or after 1st January 1983 in which database right subsists at 1 January 1998, such a database qualifies for a term of protection of 15 years from 1st January 1998 (regulation 30). However, it decided to retain the Directive in its current form because of a lack of a clear consensus about change/abolition. under the Copyright and Rights in Databases Regulations 1997 (the "Regulations"), which implemented into UK law the provisions of European Directive 96/9/EC on the legal protection of databases and came into force on 1 January 1998, by way of a "database right". For more information, please see our guide onConfidential Information. Advanced Search (including Welsh legislation in Welsh language), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. (4)Where the Tribunal has made an order under paragraph 6 (order as to entitlement to licence under licensing scheme) and the order remains in force, the person in whose favour the order is made shall if he, (a)pays to the operator of the scheme any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained, and. may refer the scheme again to the Tribunal so far as it relates to cases of that description. appropriate person means the person required to make the contents of the database open to public inspection or, as the case may be, the person maintaining the register; statutory register means a register maintained in pursuance of a statutory requirement; and. (2)Part III of these Regulations has effect subject to those savings and transitional provisions. (2)In this Regulation copyright term means the period of the duration of copyright under section 12 of the 1988 Act (duration of copyright in literary, dramatic, musical or artistic works). In order to determine whether the data constituted a substantial part in the quantitative sense, the data extracted or re-utilised must be assessed in relation to the total volume of the content of the database. 11. The Regulations limit the ability to qualify for a database right to those who are nationals of EEA states. The General Data Protection Regulation and the Data Protection Act 2018 (together the "legislation") deal with the use of personal data held both manually and in automated form and will therefore often be applicable to databases. 5. The Copyright, Designs and Patents Act 1988 (the Act) makes no specific provision for databases. (3)These Regulations extend to the whole of the United Kingdom. 8.(1)A licensing scheme which has been confirmed or varied by the Copyright Tribunal, (a)under paragraph 3 (reference of terms of proposed scheme), or. Provided a set of data comes within the definition of a database, it will qualify for protection in its own right under the Regulations (irrespective of whether it benefits from protection under copyright) if there has been a "substantial investment" in obtaining, verifying or presenting the contents of the database (the . In section 21 (infringement by making adaptation or act done in relation to adaptation), in subsection (3), (a)in paragraph (a), for other than a computer program or substitute other than a computer program or a database, or in relation to a, and. Maintained 21.(1)Database right in a database is not infringed by the extraction or re-utilisation of a substantial part of the contents of the database at a time when, or in pursuance of arrangements made at a time when, (a)it is not possible by reasonable inquiry to ascertain the identity of the maker, and. (3)The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case. Copyright does not last forever and will. For example, a breach of the legislation may result in an administrative fine of up to 20m or up to 4% of total worldwide annual turnover. (b)a refusal of an owner of database right to grant licences on reasonable terms. Resources used for the creation of materials that make up the database will not be sufficient to give rise to protection. that the body has its central administration or principal place of business within the EEA, or. 28.(1)Nothing in these Regulations affects any agreement made before commencement. if the order was made so as to be in force for 15 months or less, until the last three months before the expiry of the order. What is a database? (2)Where an act which would otherwise infringe copyright in a database is permitted under this section, it is irrelevant whether or not there exists any term or condition in any agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296B, void).. Investment in actually creating data which forms part of a database will not automatically result in a database right. In respect of copyright, the CJEU has made clear the Database Right is a harmonising measure which means that national copyright cannot give any greater protection to databases than that which is provided by Database Right. Database rights that exist in the UK prior to exit will continue to exist in the UK for the remainder of their duration. The Directive harmonises the laws of member states relating to the protection of copyright in databases and also introduces a new sui generis right to prevent extraction and re-utilisation of the contents of a database (database right). that the database was first published in a specified year. Pursuant to the Copyright and Rights in Databases Regulations 1997, which came in force on January 1st 1998, items added on to databases - whether electronic or not - are protected by copyright as "works"' in their own right. In section 179 (index of defined expressions), in the appropriate place in alphabetical order insert. In particular, data controllers should bear in mind the requirements on them if they intend data to be processed on their behalf by third parties, for example in the context of commissioning a database. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. under paragraph 4 or 5 (reference of existing scheme to Tribunal), pays to the operator of the scheme any charges payable under the scheme in respect of a licence covering the case in question or, if the amount cannot be ascertained, gives an undertaking to the operator to pay them when ascertained, and. AMENDMENT OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988. in paragraph (a) after compilation insert other than a database; at the end of paragraph (b) leave out and; at the end of paragraph (c) insert and (d) a database;. (2)The making of a copy of a database available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public shall not be taken for the purposes of this Part to constitute extraction or re-utilisation of the contents of the database. However, it is important to remember that ownership of database rights does not necessarily give the owner unfettered rights to exploit the data contained in the database in all circumstances. 4.(1)This paragraph applies where the contents of a database have in the course of public business been communicated to the Crown for any purpose, by or with the licence of the owner of the database right and a document or other material thing recording or embodying the contents of the database is owned by or in the custody or control of the Crown. 4.(1)The 1988 Act is amended in accordance with the provisions of Part II of these Regulations, subject to the savings and transitional provisions in Part IV of these Regulations. (a)make provision for the interpretation of certain terms, in particular database, extraction, insubstantial, investment, jointly, lawful user, maker, re-utilisation and substantial; and exclude public lending from database right (regulation 12); (b)create a new property right, database right for a database in respect of which there has been a substantial investment (regulation 13); (c)provide that the maker of a database is the person who takes the initiative and risk of investing in obtaining, verifying or presenting the contents and that the maker is the first owner of database right (regulations 14 and 15); (d)provide for the acts infringing database right (regulation 16); (e)provide that the duration of the term of protection of database right is to be 15 years from the end of the calendar year in which the making of the database was completed and that substantial changes give rise to a further term of protection (regulation 17); (f)provide that database right does not subsist in a database unless when the database was made, or if the making extended over a period, a substantial part of that period, its maker or one of its makers meets the qualifying conditions for database right to subsist (regulation 18); (g)provide that lawful users are entitled to extract or re-utilise insubstantial parts of a database and render void any term or condition in an agreement which seeks to prohibit or restrict such extraction or re-utilisation (regulations 19 and 20); (h)provide specific exceptions to database right for a lawful user and other acts which may be done in relation to a database (regulation 20 and Schedule 1); (i)provide for acts permitted on assumption as to expiry of database right and certain presumptions relevant to database right (regulations 21 and 22); (j)apply in relation to database right certain provisions of Part I of the Act as they apply to copyright in particular dealing with the rights in copyright works, rights and remedies of rights owners and exclusive licensees (regulation 23); (k)provide for licensing of database right and extension of the jurisdiction of the Copyright Tribunal to hear and determine proceedings relating to the licensing of database right (regulations 24 and 25 and Schedule 2).

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