Database right—permitted acts and remedies
Database right—permitted acts and remedies

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

  • Database right—permitted acts and remedies
  • Permitted acts
  • Remedies for infringement

The Copyright and Rights in Databases Regulations 1997, SI 1997/3032 (CRD 1997) implemented the Database Directive by introducing changes to United Kingdom copyright law as it applied to databases. CRD 1997 conferred copyright protection only on those databases that arise out of the author's own intellectual creation.

CRD 1997 also brought in a unique or sui generis right: the database right. Unlike copyright, this applies regardless of whether the database is an intellectual creation as long as there has been sufficient 'investment'. Copyright protection in a database and database right are independent rights. For further reading on copyright in databases and the database right see Practice Note: Copyright in databases and database right.

Permitted acts

Not all of the permitted acts which apply to copyright apply to database right, for example there are no exceptions to infringement relating to criticism, review and news reporting. There is no general right of private use for electronic databases. There are permitted uses relating to fair use, libraries, Parliamentary and judicial proceedings, and Royal Commissions and statutory inquiries, among others.

Avoidance of certain terms affecting lawful users

A lawful user of a database which has been made available to the public in any manner shall be entitled to extract or re-utilise insubstantial parts of the contents of the database for any purpose. Where under