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GLOSSARY

Database right definition

Published by a LexisNexis IP expert

What does Database right mean?

This is an exclusive right which is granted to the maker of a database where there has been a substantial investment in obtaining, verifying or presenting the contents of the database.

The database right is an additional intellectual property right over and above the copyright that a person may have in the database. In contrast to copyright, the right protects the information itself. The right lasts 15 years from the making of the database.

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This is an exclusive right which is granted to the maker of a database where there has been a substantial investment in obtaining, verifying or presenting the contents of the database.

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Database right—permitted acts and remedies

The Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032 implemented the EU Database Directive by introducing changes to UK copyright law as it applied to databases. CRD 1997 confers copyright protection only on those databases that arise out of the author’s own intellectual creation.CRD 1997 also brought in a unique or sui generis right—the database right. Unlike copyright, this applies regardless of whether the database is an intellectual creation as long as there has been sufficient ‘investment’. Copyright protection in a database and database right are independent rights. For further reading on copyright in databases and the database right, see Practice Note: Copyright in databases and database right.As EU-derived legislation, CRD 1997 continues to apply in the UK as assimilated law. Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL to assimilated law reflects a change in its status and treatment under UK law, in that it is to be interpreted according...

Database right infringement

Database right is a property right, first introduced in the UK by the implementation of Directive 96/9/EC (EU Database Directive), in a database where there has been substantial investment in obtaining, verifying or presenting its contents. Examples of what constitutes a database include: a hard copy or electronic encyclopedia; collections of data on websites; the intranet; a spreadsheet that records a database and a pdf document of such a spreadsheet (see the Forensic Telecommunications Services Limited case); and a document management system. The EU Database Directive was implemented in the UK by the Copyright and Rights in Databases Regulations 1997 (CRD 1997 or Database Regulations 1997), SI 1997/3032. Database right is infringed by extraction or re-utilisation of all or a substantial part of the contents of the database without the consent of the owner of the right. Not all databases are protected by the database right. The only ones that are protected are those in which there has been substantial investment. Retained EU law (REUL) is a legal concept describing...

Discover our 1 Practice Notes on Database right

Rights in databases—training materials

Rights in databases—training materialsThese training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on issues arising in relation to protecting rights in databases. It is anticipated that those providing training will use these slides as a helpful starting point for their presentations and then amend them accordingly to reflect their particular circumstances.The training materials are customisable.Click the link below to download the presentation.Contents•Terminology•What is a database?•Protection available to databases•Copyright protection•General copyright protection•Database copyright•Sui generis database right•Database right infringement•Confidential information•Data protection•Practical tips•SummarySummaryThis seminar covers the principal areas of copyright and database right protection for databases. It is based on UK law.Purpose of slides/seminarThe slides are intended for those who are new to the area of law rather than a specialist audience. It is anticipated that these slides may be used as part of a wider training project to inform new starters, trainees or clients about

Literary rights option agreement

Literary rights option agreement This Agreement is made on [insert date] between the following parties (each a ‘party’ and together the ‘parties’): Parties 1 [insert Company name] a company incorporated in England and Wales whose registered number is [insert Company number] and whose registered office is at [insert registered office] (the Company); and 2 [insert Author name] of [address] (the Author). Background (A) The Author is the owner of the worldwide copyright in the literary work published by [name] entitled [title] (the Work). (B) The Author has agreed to option and assign to the Company certain rights in and to the Work subject to the conditions and for the consideration set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 The following definitions apply in this Agreement: Act • means the Copyright, Designs and Patents Act 1988; Final Budget • means the above and below the line production budget of the applicable Production (as approved by the financiers of...

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