Database right—permitted acts and remedies

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

  • Database right—permitted acts and remedies
  • Permitted acts
  • Avoidance of certain terms affecting lawful users
  • Fair use
  • Deposit libraries
  • Parliamentary and judicial proceedings
  • Royal Commissions and statutory inquiries
  • Material open to public inspection
  • Material communicated to the Crown
  • Public records
  • More...

Database right—permitted acts and remedies

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began 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?

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

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