Database Rights: The Basics
Other Sources of Information
Europa
Ius Mentis
Legislation
Case Law
British Horseracing Board Ltd. v. William Hill Organization Ltd.
[2001] EWCA Civ 1268
DTI - Intellectual Property
-
Database Right
-Legal Protection of Databases
- Database Rights
- Crash Course
Database Directive
The Copyright and Rights in Databases Regulations 1997
The Copyright and Rights in Databases (Amendment) Regulations 2003
Fixtures Marketing Ltd v OY Veikkaus Ab (Univ
of Amsterdam, Institute of IT Law)
Lat updated 9 March 2004
This is a new species of intellectual property which came into being on 1 January 1998. Database right protects investment in obtaining, verifying or presenting the contents of the database as distinct from the intellectual effort in creating it although such intellectual effort continues to be protected by copyright. Thus database right subsists independently, of but complementary to, copyright overlapping also with the law of confidence.
Source of Law
Database right springs from The Copyright and Rights in Databases Regulations 1997 (SI 1997 No. 3032). These implement Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases ("The Database Directive"). That directive requires member states to clarify their copyright laws in relation to databases as well as to introduce a new database right.
Definition of "Database"
A "database" is defined by reg. 6 of the Regulations as a collection of independent works, data or other materials which are arranged in a systematic or methodical way, and are individually accessible by electronic or other means. Database right can subsist in a database regardless of whether copyright also subsists. Unlike the law of confidence, there is no requirement that the database or its contents should have any commercial or other value.
Acquisition
Database, like copyright, subsists automatically as soon as the database is made. There are no registration or other formalities. However, it is important to note that the qualification for database right is much narrower than for copyright. Nationality of, or residence, incorporation or having a principal basis in, an EEA state is required.
Enforcement
Database right is enforced by civil action in the High Court The remedies are the same as for copyright infringement. No offences are created by the Regulations. There has been a dearth of reported cases on database right. Two cases have been referred to the ECJ for preliminary rulings on art. 7 of the Directive, British Horseracing Board Ltd. v. William Hill Organization Ltd. [2001] EWCA Civ 1268, by the Court of Appeal and Fixtures Marketing Ltd v OY Veikkaus Ab from Sweden.
Collective Licensing
The detailed regulation of licensing schemes in the statutory instrument indicates that collective licensing was envisaged. It is by means no clear that that has happened.