Database right infringement

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

  • Database right infringement
  • Infringement of database right
  • Extraction and re-utilisation
  • Repeated and systematic extraction or re-utilisation of insubstantial parts
  • Means of extraction and re-utilisation
  • Public lending
  • Extraction and re-utilisation of a substantial part of contents
  • Exhaustion
  • Confidential information
  • Data protection
  • More...

Database right infringement

Database right is a property right introduced by 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 are: 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), 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.

Database right arises automatically when a database that contains the relevant characteristics and that 'qualifies' exists in a recorded form. There is no need to register it. Database right can subsist whether or not the database or its contents are a copyright work. For further reading on what qualifies for database right and formalities for protection. See Practice Note: Copyright in databases and database right.

The EU Database Directive does not give rights

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