A database can be protected in different ways:
copyright can protect literary and artistic works including tables and compilations that form part of a database (literary copyright for tables and compilations was removed for databases by section 3(1)(a) of the Copyright, Designs and Patents Act 1988 (CDPA 1988)), if they are original works
copyright can protect the structure of a database under CDPA 1988, ss 3–3A which gave effect to Article 3 of Directive 96/9/EC on the legal protection of databases (EU Database Directive), if it is an original literary work. The test of originality is that there must be effort spent on the selection and arrangement of the data and sufficient judgement and skill exercised in the process to make the work the author's own intellectual creation
the unique (sui generis) database right pursuant to the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032 which gave effect to Article 7 of the EU Database Directive can protect the data in the database if the database is the result of substantial investment...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
Ofcom has published an update on progress following its July 2025 public service media (PSM) review, Transmission Critical. Ofcom says it will...
TMT analysis: From 2 August 2026, anyone using AI to generate images, audio, video (or in some cases, text) for professional purposes may need to...
MLex: The European Commission could present its planned Quantum Act late 2026, although internal delays could push the proposal into 2027, an official...
MLex: Recent Court of Justice rulings are raising questions over how broadly social media platforms can still rely on liability shields for...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin termDefinitionMeaningActa iure imperiiLegal
0330 161 1234