A database may be protected by copyright and/or the database
right. Irrespective of whether the
database is entitled to full copyright protection it may be given the database right. This is
an
automatic right which protects the investment (i.e. time, money and energy) that goes into
obtaining, verifying or presenting the contents of a database.
A database is defined as a collection of independent works,
data or other materials which: (a) are
arranged in a systematic or methodical way; and (b) are individually accessible by electronic or
other means. Examples of databases include telephone directories and timetables.
For the database rights to apply, the database must be
original and the result of substantial
investment (financial, technical or otherwise).
Database right is in many ways very similar to copyright
so that, for example, there is no
registration for database right – it is an automatic right and commences as soon as the material
that can be protected exists in a recorded form. Ownership of database rights is determined in the
same way as copyright ownership. As with copyright, database rights can be sold or licensed.
The database right can apply to both paper and electronic databases.
However, there are some differences between database right
and copyright:
- The
term of protection for database right is much shorter. Database right lasts for 15 years
from making but, if published during this time, then the term is 15 years from publication. It
is
possible that the right will last in perpetuity as the 15 year period of protection rolls forward if
substantial changes and updates or other sufficient investments are made to the database in
this period.
- The
activities that a database right holder can control, and which are, therefore, infringed if
undertaken without the right holder’s permission, are a bit different. Database right concerns
control over the extraction and re-utilisation of the contents of the database. This is outlined
in general terms below.
Database right can be infringed by copying the contents
of a database and rearranging them. If a
database qualifies for protection then the owner of the database right can enforce that right against
those who extract or reutilise a substantial part of the database, or alternatively repeatedly extract
and re-utilise an insubstantial part. Database rights can also be enforced against anyone who
makes the contents of the database available to the public without permission. As with copyright,
if a database right is infringed a range of civil remedies are available to the database right holder
including injunctions, an account of profits, damages and delivering up of goods.
It is important to remember that many databases are a
collection of copyright works, such as an
on-line database of poetry from the last fifty years where each poem will be protected by copyright.
People compiling databases need to make sure that they have permission from the copyright
owners for use of their material and people using databases need to be aware of the rights of
copyright owners as well as database right owners. Where a database is delivered on- line, it is
usual for a contractual agreement to exist between the database owner and the user setting out
what use is permitted, and this will generally take precedence over any exceptions in the law.
Protection equivalent to database rights exists in other
countries in the European Economic Area
but not necessarily in the rest of the world, although all members of the World
Trade Organisation
(WTO) do have an obligation to provide copyright protection for
some databases. 
