| Commentary

138 Duration of copyright in databases

| Commentary

138 Duration of copyright in databases

The copyright in databases created on or before 27 March 1996 is preserved for the remainder of the relevant copyright term if such databases were copyright works immediately before 1 January 19981. This provision effectively preserves copyright protection for databases which were protected as compilations before 1 January 1998 but would not subsequently be eligible for protection as literary works in view of the non-satisfaction of the originality criterion. The provision does not preclude dual copyright and database right protection for databases created on or after 1 January 1998 which satisfy the originality criterion.

The

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