Countries that recognise database rights
European Union
InUnited Kingdom
On 1 January 1998, The Copyright and Rights in Databases Regulations 1997 came into force, which implemented the EU Database Directive. These regulations made a number of amendments to the Copyright, Designs and Patents Act 1988 with respect to databases, a database being 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" The regulations extend existing copyright law to databases, to the extent that they constitute "the author's own intellectual creation". In addition, regulations 13 and 14 create a database right. Database rights automatically subsist if there has been a "substantial investment in obtaining, verifying or presenting the contents" of the database. Such rights remain in force under regulation 17(2) until the end of the 15th calendar year from the date on which the database was first made available to the public. During that period, database right will be infringed by any person who, without consent, "extracts or re-uses all or a substantial part of the contents of the database", whether all at once or by repeated extractions of "insubstantial" parts. On the other hand, any lawful user of the database has a right under regulation 19(1) "to extract or re-use insubstantial parts of the data for any purpose", and that right cannot be restricted by the database owner (regulation 19(2)). The term "substantial" is defined to mean "substantial in terms of quantity or quality or a combination of both". Under the Brexit withdrawal agreement, database rights that existed before 1 January 2021 retain reciprocal recognition between the UK and EEA for their original duration, while those created on or after that date are only protected within the creator's jurisdiction - either the EEA ''or'' the UK.Russia
In article 1260 of the Civil Code of Russia, a database is a collection of independent materials presented in an objective form (articles, accounts, legal texts, judicial decisions, and other similar materials), which are systematically arranged in a way that these materials can be found and processed by a computer. A database need not be registered to enjoy legal protection, but the Civil Code of Russia provides for the registration of rights, which is useful if the claims are disputed in court. Russia generally follows the EU model, there are some differences.Countries that do not recognise database rights
Australia
No specific law exists in Australia protecting databases. Databases may only be protected if they fall under general copyright law. Australian copyright law regarding compilations is currently examined in case law, where an initial case, '' Telstra v Desktop Marketing Systems'' was successfully litigated by Telstra, establishing a database right; however this was overturned in a later ruling, ''IceTV v Nine Network'', where sufficient creativity was established as the defining characteristic of copyright.United States
Uncreative collections of facts are outside of Congressional authority under the Copyright Clause (Article I, ยง 8, cl. 8) of the United States Constitution, therefore no database right exists in the United States. Originality is the '' sine qua non'' of copyright in the United States (''see Feist Publications v. Rural Telephone Service''). This has not stopped database owners lobbying for the introduction of such a right, but so far bills to introduce it in the US have been prevented by the successful lobbying of research libraries, consumer groups and firms who benefit from the free use of factual information.Brazil
In BrazilSee also
* Copyright * meta:Wikilegal/Database Rights * Open Database License * Sweat of the browReferences
External links
* *{{DMOZ, Society/Law/Legal_Information/Intellectual_Property/Copyrights/, Copyright as a legal issue Database law