Database rights
Encyclopedia
In European Union law
, database rights are specifically coded (i.e. sui generis
) laws on the copying and dissemination of information in computer databases
. These rights were first introduced in 1996.
A database right is considered to be a property right, comparable to but distinct from copyright
, that exists to recognise the investment that is made in compiling a database, even when this does not involve the 'creative' aspect that is reflected by copyright.: United Kingdom
implementation of the EU directive
On 11 March 1996 the Council
of the European Union
passed Directive No. 96/9/EC of 11 March 1996 on the legal protection of databases
, giving specific and separate legal rights (and limitations) to certain computer records. The law calls these database rights.
Rights afforded to manual records under EU database rights laws are similar in format, but not identical, to those afforded artistic works.
Database rights last for 15 years. Each time a database is substantially modified, however, a new set of rights are created for that database. An owner has the right to object to the copying of substantial parts of their database, even if data is extracted and reconstructed piecemeal. Database rights under the EU are created automatically, vested in the employers of creators (when the action of creation was part of employment), and do not have to be registered to have effect.
Database rights are independent of copyright: The arrangement, selection, and presentation of the data may be protected by copyright, while the database as a whole can be protected by database right.
law "The Copyright and Rights in Databases Regulations of 1997" came into force.
(Article I, § 8, cl. 8) of the United States Constitution
, therefore no database right exists in the United States. The sine qua non
of copyright, in the United States, is originality. (see Feist Publications v. Rural Telephone Service
). This has not stopped database owners lobbying for the introduction of such a right, but so far bills to introduce it in the U.S. have been prevented by the successful lobbying of research libraries, consumer groups and firms who benefit from the free use of factual information.
protecting databases. Databases may only be protected if they fall under general copyright law. Australian copyright law regarding compilations is currently examined in case law, where an initial case, Telstra v Desktop Marketing Systems was successfully litigated by Telstra, establishing a database right; however this was overturned in a later ruling, IceTV v Nine Network, where sufficient creativity was established as the defining characteristic of copyright.
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
, database rights are specifically coded (i.e. sui generis
Sui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....
) laws on the copying and dissemination of information in computer databases
Database
A database is an organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality , in a way that supports processes requiring this information...
. These rights were first introduced in 1996.
A database right is considered to be a property right, comparable to but distinct from copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
, that exists to recognise the investment that is made in compiling a database, even when this does not involve the 'creative' aspect that is reflected by copyright.: United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
implementation of the EU directive
On 11 March 1996 the Council
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
passed Directive No. 96/9/EC of 11 March 1996 on the legal protection of databases
Directive on the legal protection of databases
The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databasesis a European Union directive in the field of copyright law, made under the internal marketprovisions of the Treaty of Rome...
, giving specific and separate legal rights (and limitations) to certain computer records. The law calls these database rights.
Rights afforded to manual records under EU database rights laws are similar in format, but not identical, to those afforded artistic works.
Database rights last for 15 years. Each time a database is substantially modified, however, a new set of rights are created for that database. An owner has the right to object to the copying of substantial parts of their database, even if data is extracted and reconstructed piecemeal. Database rights under the EU are created automatically, vested in the employers of creators (when the action of creation was part of employment), and do not have to be registered to have effect.
Database rights are independent of copyright: The arrangement, selection, and presentation of the data may be protected by copyright, while the database as a whole can be protected by database right.
United Kingdom
On 1 January 1998, the United Kingdom'sUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
law "The Copyright and Rights in Databases Regulations of 1997" came into force.
United States
Uncreative collections of facts are outside of Congressional authority under the Copyright ClauseCopyright Clause
Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress:- Other Terms :This clause is also referred to as:* Copyright and Patent Clause* Patent and Copyright Clause...
(Article I, § 8, cl. 8) of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, therefore no database right exists in the United States. The sine qua non
Sine qua non
Sine qua non or condicio sine qua non refers to an indispensable and essential action, condition, or ingredient...
of copyright, in the United States, is originality. (see Feist Publications v. Rural Telephone Service
Feist Publications v. Rural Telephone Service
Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 , commonly called Feist v. Rural, is an important United States Supreme Court case establishing that information alone without a minimum of original creativity cannot be protected by copyright...
). This has not stopped database owners lobbying for the introduction of such a right, but so far bills to introduce it in the U.S. have been prevented by the successful lobbying of research libraries, consumer groups and firms who benefit from the free use of factual information.
Australia
No specific law exists in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
protecting databases. Databases may only be protected if they fall under general copyright law. Australian copyright law regarding compilations is currently examined in case law, where an initial case, Telstra v Desktop Marketing Systems was successfully litigated by Telstra, establishing a database right; however this was overturned in a later ruling, IceTV v Nine Network, where sufficient creativity was established as the defining characteristic of copyright.
Russia
In article 1260 of the Civil Code of Russia, a database is a collection of independent materials presented in an objective form (articles, accounts, legal texts, judicial decisions, and other similar materials), which are systematically arranged in a way that these materials can be found and processed by a computer. A database need not be registered to enjoy legal protection, but the Civil Code of Russia provides for the registration of rights, which is useful if the claims are disputed in court.See also
- CopyrightCopyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
- Directive on the legal protection of databasesDirective on the legal protection of databasesThe Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databasesis a European Union directive in the field of copyright law, made under the internal marketprovisions of the Treaty of Rome...
- Sweat of the browSweat of the brow"Sweat of the brow" is an intellectual property law doctrine, chiefly related to copyright law. According to this doctrine, an author gains rights through simple diligence during the creation of a work, such as a database, or a directory...