Copyright and Rights in Databases Regulations 1997

JurisdictionUK Non-devolved
CitationSI 1997/3032

1997No. 3032

COPYRIGHT

RIGHTS IN DATABASES

The Copyright and Rights in Databases Regulations 1997

18thDecember1997

1stJanuary1998

ARRANGEMENT OF REGULATIONS

PART I

INTRODUCTORY PROVISIONS

1. Citation, commencement and extent

2. Implementation of Directive

3. Interpretation

4. Scheme of the Regulations

PART II

AMENDMENT OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988

5. Copyright in databases

6. Meaning of "database"

7. Meaning of "adaptation" in relation to database

8. Research

9. Permitted acts in relation to databases

10. Avoidance of certain terms

11. Defined expressions

PART III

DATABASE RIGHT

12. Interpretation

13. Database right

14. The maker of a database

15. First ownership of database right

16. Acts infringing database right

17. Term of protection

18. Qualification for database right

19. Avoidance of certain terms affecting lawful users

20. Exceptions to database right

21. Acts permitted on assumption as to expiry of database right

22. Presumptions relevant to database right

23. Application of copyright provisions to database right

24. Licensing of database right

25. Database right: jurisdiction of Copyright Tribunal

PART IV

SAVINGS AND TRANSITIONAL PROVISIONS

26. Introductory

27. General rule

28. General savings

29. Saving or copyright in certain existing databases

30. Database right: term applicable to certain existing databases

SCHEDULES

SCHEDULE 1 -EXCEPTIONS TO DATABASE RIGHT FOR PUBLIC ADMINIS TRATION

SCHEDULE 2 -LICENSING OF DATABASE RIGHT

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 ( a) in relation to measures relating to copyright ( b) and measures relating to the prevention of unauthorised extraction of the contents of a database and of unauthorised re-utilisation of those contents ( c), in exercise of the powers conferred by section 2(2) and (4) of that Act, hereby makes the following Regulations:-

PART I

INTRODUCTORY PROVISIONS

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Copyright and Rights in Databases Regulations 1997.

(2) These Regulations come into force on 1st January 1998.

(3) These Regulations extend to the whole of the United Kingdom.

Implementation of Directive

2.—(1) These Regulations make provision for the purpose of implementing-

(a) Council Directive No. 96/9/EC of 11 March 1996 ( d) on the legal protection of databases, and

(a) 1972 c.68; by virtue of the amendment of section 1(2) of that Act by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) to implement obligations of the United Kingdom arising under the EEA Agreement.

(b) S.I. 1993/595.

(c) S.I. 1996/3155.

(d) O.J. No. L77, 27.3.96 p.20.

(b) certain obligations of the United Kingdom created by or arising under the EEA Agreement so far as relating to the implementation of that Directive.

(2) In this Regulation "the EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 ( a), as adjusted by the Protocol signed at Brussels on 17th March 1993 ( b).

Interpretation

3. In these Regulations "the 1988 Act" means the Copyright, Designs and Patents Act 1988 ( c).

Scheme of the Regulations

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.

(2) Part III of these Regulations has effect subject to those savings and transitional provisions.

PART II

AMENDMENT OF THE COPYRIGHT, DESIGNS AND PATENTS

ACT 1988

Copyright in databases

5. In section 3(1), in the definition of "literary work"—

(a) in paragraph (a) after "compilation" insert "other than a database";(b) at the end of paragraph (b) leave out "and";(c) at the end of paragraph (c) insert "and(d) a database;".

Meaning of "database"

6. After section 3 insert—

"Databases

3A.—(1) In this Part "database" means 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.

(2) For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author's own intellectual creation.".

Meaning of "adaptation" in relation to database

7. 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(b) after paragraph (ab) insert-"(ac) in relation to a database, means an arrangement or altered version of the database or a translation of it;".

Research

8.—(1) In section 29 (research and private study), in subsection (1), after "literary" insert "work, other than a database, or a".

(a) Cm 2073.

(b) Cm 2183.

(c) 1988 c.48.

(2) After subsection (1) of that section insert—

"(1A) Fair dealing with a database for the purposes of research or private study does not infringe any copyright in the database provided that the source is indicated.".

(3) After subsection (4) of that section insert—

"(5) The doing of anything in relation to a database for the purposes of research for a commercial purpose is not fair dealing with the database.".

Permitted acts in relation to databases

9. After section 50C insert—

"Databases: permitted acts

Acts permitted in relation to databases.

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.

(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).".

Avoidance of certain terms

10. After section 296A insert-

"Databases

Avoidance of certain terms relating to databases.

296B. Where under an agreement a person has a right to use a database or part of a database, any term or condition in the agreement shall be void in so far as it purports to prohibit or restrict the performance of any act which would but for section 50D infringe the copyright in the database.".

Defined expressions

11. In section 179 (index of defined expressions), in the appropriate place in alphabetical order insert—

"database

section 3A(1)"

"original (in relation to a database)

section 3A(2)".

PART III

DATABASE RIGHT

Interpretation

12.—(1) In this Part—

"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.

(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.

(3) Where the making of a copy of a database available through an establishment which is accessible to the public gives rise to a payment the amount of which does not go beyond what is necessary to cover the costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of paragraph (2).

(4) Paragraph (2) does not apply to the making of a copy of a database available for on-the-spot reference use.

(5) Where a copy of a database has been sold within the EEA by, or with the consent of, the owner of the database right in the database, the further sale within the EEA of that copy shall not be taken for the purposes of this Part to constitute extraction or re-utilisation of the contents of the database.

Database right

13.—(1) 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.

(2) For the purposes of paragraph (1) it is immaterial whether or not the database or any of its contents is a copyright work, within the meaning of Part I of the 1988 Act.

(3) This Regulation has effect subject to Regulation 18.

The maker of a database

14.—(1) Subject to paragraphs (2) to (4), the person who takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of...

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