Sociology Index

Database Rights

IPR Intellectual Property Rights, Copyright law

Database rights are a form of exclusive right. Database rights were introduced in 1997 by European Union Law to countries which follow European Union Law. European Union decided that in order to provide greater protection to collections of information they should have a unified legal protection for databases. To do this they created a sui generis right called database right.

Databases or Database rights are covered by copyright law to some degree in many countries, as being a work that shows originality in its selection, linking, placing in due order and arrangement.

The lawmakers of the European Union decided that in order to provide greater protection to collections of information they should have a unified legal protection for databases. To do this they created a sui generis right called database right.

It was created by Council Directive No. 96/9/EC of 11 March 1996 (Official Journal of the European Communities No. L77, 27.3.96, page 20) on the legal protection of databases.

Database rights lasts for 15 years under this regime, but can be extended if the database is updated.

As in copyright, the policy disallows copying of substantial parts of a database (including frequent extraction).

In many other respects database right is similar to copyright: it is created automatically, vests in employers, does not have to be registered.

In the UK it was introduced as "The Copyright and Rights in Databases Regulations 1997" (SI. 3032 of 1997) and came into force on January 1, 1998.

Books On Database Law And Database Rights:

Intellectual Property Protection of Fact-based Works: Copyright - Its Alternatives Robert F.Brauneis

The Legal Protection of Databases by Mark J. Davison, William R. Cornish, Fran‡ois Dessemontet, Paul Goldstein, Robin Jacob (Series Editors)

Intellectual Property Protection of Fact-based Works: Copyright and Its Alternatives by Robert F. Brauneis. The 1991 US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. held that factual matter is not subject to copyright protection because it is not original to the author, thus dramatically rejecting a two-century-old tradition of protecting factual compilations under copyright. The contributors to this book reassess this decision and its implications, particularly for the protection of electronic databases. The debate over fact-based works has grown still more complicated since Feist with the enactment of worldwide initiatives that extend the protection of databases, such as the European Union's Database Directive. A number of legal scholars have voiced their opinions on how Congress should react to the Court's decision and the Database Directive, but none have put forth a viable solution or questioned the debate's underlying assumptions. The range of viewpoints and disciplines represented in this compelling book will be of great interest to students, scholars and lawyers working in the area of intellectual property law.

The Legal Protection of Databases (Cambridge Studies in Intellectual Property Rights) by Mark J. Davison, William R. Cornish, Fran‡ois Dessemontet, Paul Goldstein, Robin Jacob (Series Editors)
'This text contains a wealth of information, is well written and uses a solid structure to analyse complex ideas and legislation in a way that is easy to follow ... it will be an invaluable resource for those readers seeking an overview of developments in the protection of databases at a national and international level as well as for readers wanting an analysis on how such developments have been implemented.' Copyright Reporter.