Copyright in databases and database right
Copyright in databases and database right

The following IP practice note provides comprehensive and up to date legal information covering:

  • Copyright in databases and database right
  • Copyright in databases
  • Defining a database
  • Subsistence of copyright in a literary or artistic work
  • Subsistence of database copyright
  • Copyright in compilations
  • Database right
  • Substantial investment
  • Database right infringement
  • Qualification—copyright
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: What does IP completion day mean for intellectual property?

Databases, especially electronic databases, have for some time now made up an important sector of the economy. They are a vital tool in the development of an information market in the European Community.

Key legislation relevant to the copyright in databases and database rights are:

  1. the Copyright, Designs and Patents Act 1988 (CDPA 1988)

  2. Directive 96/9/EC on the legal protection of databases (Database Directive)

  3. the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032

A database can be

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