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Database Right is a property right which subsists in a database if there has been a substantial investment in obtaining, verifying or presenting the contents of that database. Database Right may subsist even if the database does not qualify for copyright protection as a literary work in its own right.
The first owner of the Database Right is defined as the maker of the database. The maker is, in turn, defined as the person who takes the initiative in obtaining, verifying or presenting the contents of the database and assumes the risk of investing. Where a database is made by an employee in the course of his employment, the employer is regarded as the maker of the database, subject to any agreement to the contrary.
Database Right is infringed if, without the consent of the owner of that right, a person extracts or re-utilises all or a substantial part of the contents of the database. The repeated and systematic extraction or re-utilisation of insubstantial parts of the database may also amount to infringement.
Database Right lasts for fifteen years from the end of the calendar year in which the database was first made available to the public. If the database is not made available to the public, then the right expires fifteen years from the end of the calendar year in which the database was completed.
Database Right is essentially a European right, and subsists only if the maker is either a national of or is habitually resident within a European Economic Area state. Where the maker is a company or partnership, that company or partnership must be incorporated and/or have its principal place of business within the European Economic Area.
Database Rights are subject to a number of ancillary provisions relating to fair dealing, licensing, jurisdiction of the Copyright Tribunal and presumptions as to the database maker.
For databases which were completed on after 1 January 1983, but before 1 January 1998, special transitional provisions apply. Under those provisions, the fifteen-year database right period is deemed to start on 1 January 1998.
For further information on database rights, please contact Michael Maggs.
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© Kilburn & Strode LLP, 1998 - 2010
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