Copyright and Rights in Databases Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/3032 |
(1) These Regulations may be cited as the Copyright and Rights in Databases Regulations 1997.(2) These Regulations come into force on 1st January 1998.(3) These Regulations extend to the whole of the United Kingdom.Council Directive No.96/9/EC of 11 March 1996 on the legal protection of databases, ...certain obligations of the United Kingdom created by or arising under the EEA Agreement so far as relating to the implementation of that Directive F5, andan Agreement in the form of an exchange of letters between the United Kingdom of Great Britain and Northern Ireland on behalf of the Isle of Man and the European Community extending to the Isle of Man the legal protection of databases as provided for in Chapter III of that Directive.(2) In this Regulation “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.In these Regulations “the (1) The 1988 Act is amended in accordance with the provisions of Part II of these Regulations, subject to the savings and transitional provisions in Part IV of these Regulations.(2) Part III of these Regulations has effect subject to those savings and transitional provisions.in paragraph (a) after “compilation” insert “other than a database”; at the end of paragraph (b) leave out “and”; at the end of paragraph (c) insert “and (d) a database;”. After section 3 insert— are arranged in a systematic or methodical way, andare individually accessible by electronic or other means.For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author’s own intellectual creation.in paragraph (a) , for “other than a computer program or” substitute “other than a computer program or a database, or in relation to a”, and after paragraph (ab) insert— in relation to a database, means an arrangement or altered version of the database or a translation of it;(1) In section 29 (research and private study) , in subsection (1) , after “literary” insert “work, other than a database, or a”.(2) After subsection (1) of that section insert—After section 50C insert— It is not an infringement of copyright in a database for a person who has a right to use the database or any part of the database, (whether under a licence to do any of the acts restricted by the copyright in the database or otherwise) to do, in the exercise of that right, anything which is necessary for the purposes of access to and use of the contents of the database or of that part of the database.Where an act which would otherwise infringe copyright in a database is permitted under this section, it is irrelevant whether or not there exists any term or condition in any agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296B, void) .After section 296A insert— Where under an agreement a person has a right to use a database or part of a database, any term or condition in the agreement shall be void in so far as it purports to prohibit or restrict the performance of any act which would but for section 50D infringe the copyright in the database.In section 179 (index of defined expressions) , in the appropriate place in alphabetical order insert— (1) In this Part—
- (1) In this Part “database” means 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.
- (1A) Fair dealing with a database for the purposes of research or private study does not infringe any copyright in the database provided that the source is indicated.
- (5) The doing of anything in relation to a database for the purposes of research for a commercial purpose is not fair dealing with the database.
- “database” has the meaning given by section 3A(1) of the 1988 Act (as inserted by Regulation 6) ;
- “extraction”, in relation to any contents of a database, means the permanent or temporary transfer of those contents to another medium by any means or in any form;
- “insubstantial”, in relation to part of the contents of a database, shall be construed subject to Regulation 16(2) ;
- “investment” includes any investment, whether of financial, human or technical resources;
- “jointly”, in relation to the making of a database, shall be construed in accordance with Regulation 14(6) ;
- “lawful user”, in relation to a database, means any person who (whether under a licence to do any of the acts restricted by any database right in the database or otherwise) has a right to use the database;
- “maker”, in relation to a database, shall be construed in accordance with Regulation...
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