Database Protection

DEFINITION

Databases are usually protected under copyright law as a work that shows originality in its selection, coordination and arrangement. However, the European decision makers decided that a database that lacks originality but enjoyed a substantial effort by its creator, has a protection right per se, a so-called sui generis right. This right was laid down in Directive 96/9/EC. Database rights are granted  for 15 years under this regime, but can be extended if the database is updated. The protection prevents copying of substantial parts of a database and/or frequent extractions of insubstantial parts.

IMPACT ON e-BUSINESS

If you create a database that is not particularly creative but costs a lot of time and effort to put it together, this law protects it against unlawful use. It is an investment protection rather than a creativity protection. Like copyright, you need not registration or mark it as protected.

RELATED LINKS

WIKIPEDIA article on Database rights

European Commission's legal information service: Database protection

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