[Commons-Law] On database rights

[ANIRBAN MAZUMDER]

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.





ANIRBAN MAZUMDER
LECTURER IN LAW
NATIONAL UNIVERSITY OF JURIDICAL SCIENCES
NUJS BHAVAN
12 LB BLOCK
SALT LAKE CITY
CALCUTTA - 700098
INDIA
PH -00- 91-33-23350534 (O)
                    23357379 (O)
                    25216734 ( R)
FAX -00- 91-33-23357422

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