Directive on the legal protection of databases
Encyclopedia
The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
is a European Union directive
in the field of copyright
law, made under the internal market
provisions of the Treaty of Rome
. It harmonizes the treatment of database
s under copyright law, and creates a new
sui generis
right for the creators of databases which do not qualify for copyright.
or methodical way and individually accessible by electronic or other means". Non-electronic databases are also covered
(para. 14 of the preamble). Any computer program used to create the database is not included (para. 23 of the
preamble). Copyright protection of software is governed by Directive 91/250/EEC.
, which covers collections "of literary and artistic works" and requires creativity in the "selection and arrangement" of the contents: in practice the difference is likely to be slight. Any copyright in the database is separate from and without prejudice to the copyright in the entries.
The acts restricted by copyright are similar to those for other types of work (Art. 5):
This shall not prevent the lawful use of the database by a lawful user [Art. 6(1)]: Member States may provide for any or
all of the following limitations [Art. 6(2)], as well as applying any traditional limitations to copyright:
Copyright protection usually lasts for seventy years after the death of the last publicly-identified author. Anonymous or pseudonymous works gain protection for the later of 70 years after the work is lawfully made available to the public or 70 years from creation. If national legislation makes particular provision for collective works or for a legal person (i.e. a body corporate) to be a rights holder the term of protection of calculated in the same way as for anonymous or pseudonymous works, with the exception that if any natural persons who created the work are given credit in versions made available to the public, the term of protection is calculated according to the lives of those authors. Art. 1, Directive 93/98/EEC).
database rights
. While copyright protects the creativity of an author, database rights specifically protect the "qualitatively and/or quantitatively [a] substantial investment in either the obtaining, verification or presentation of the contents": if there has not been substantial investment (which need not be financial), the database will not be protected [Art. 7(1)]. Database rights are held in the first instance by the person or corporation
which made the substantial investment, so long as:
Article 11(3) provides for the negotiation of treaties to ensure reciprocal treatment outside the EU: as of 2006, no such treaty exists.
The holder of database rights may prohibit the extraction and/or re-utilization of the whole or of a substantial part of the contents: the "substantial part" is evaluated qualitatively and/or quantitatively and reutilization is subject to the exhaustion of rights. Public lending is not an act of extraction or re-utilization. The lawful user of a database which is available to the public may freely extract and/or re-use insubstantial parts of the database (Art. 8): the holder of database rights may not place restrictions of the purpose to which the insubstantial parts are used. However, users may not "perform acts which conflict with normal exploitation of the database or unreasonably prejudice the legitimate interests of the maker of the database", nor prejudice any copyright in the entries. The same limitations may be provided to database rights as to
copyright in databases (Art. 9:
Database rights last for fifteen years from the end of the year that the database was made available to the public, or from the end of the year of completion for private databases (Art. 10). Any substantial change which could be considered to be a substantial new investment will lead to a new term of database rights, which could, in principle, be perpetual. Database rights are independent of any copyright in the database, and the two could, in principle, be held by different people (especially in jurisdictions which prohibit the corporate ownership of copyright): as such, database rights can be compared to the rights of phonogram
and film producers.
is a European Union directive
European Union directive
A directive is a legislative act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures. Directives...
in the field of copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
law, made under the internal market
provisions of the Treaty of Rome
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
. It harmonizes the treatment of database
Database
A database is an organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality , in a way that supports processes requiring this information...
s under copyright law, and creates a new
sui generis
Sui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....
right for the creators of databases which do not qualify for copyright.
Definition of database
Article 1(2) defines a database as "a collection of independent works, data or other materials arranged in a systematicor methodical way and individually accessible by electronic or other means". Non-electronic databases are also covered
(para. 14 of the preamble). Any computer program used to create the database is not included (para. 23 of the
preamble). Copyright protection of software is governed by Directive 91/250/EEC.
Copyright
Under Article 3, databases which, "by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation" are protected by copyright as collections: no other criterion may be used by Member States. This may be a relaxation of the criterion for protection of collections in the Berne Convention for the Protection of Literary and Artistic WorksBerne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
, which covers collections "of literary and artistic works" and requires creativity in the "selection and arrangement" of the contents: in practice the difference is likely to be slight. Any copyright in the database is separate from and without prejudice to the copyright in the entries.
The acts restricted by copyright are similar to those for other types of work (Art. 5):
- temporary or permanent reproduction by any means and in any form, in whole or in part;
- translation, adaptation, arrangement and any other alteration;
- any form of distribution to the public of the database or of copies thereof, subject to the exhaustion of rights;
- any communication, display or performance to the public;
- any reproduction, distribution, communication, display or performance to the public of a translation, adaptation, etc.
This shall not prevent the lawful use of the database by a lawful user [Art. 6(1)]: Member States may provide for any or
all of the following limitations [Art. 6(2)], as well as applying any traditional limitations to copyright:
- reproduction for private purposes of a non-electronic database;
- use for the sole purpose of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved;
- use for the purposes of public security of for the purposes of an administrative or judicial procedure.
Copyright protection usually lasts for seventy years after the death of the last publicly-identified author. Anonymous or pseudonymous works gain protection for the later of 70 years after the work is lawfully made available to the public or 70 years from creation. If national legislation makes particular provision for collective works or for a legal person (i.e. a body corporate) to be a rights holder the term of protection of calculated in the same way as for anonymous or pseudonymous works, with the exception that if any natural persons who created the work are given credit in versions made available to the public, the term of protection is calculated according to the lives of those authors. Art. 1, Directive 93/98/EEC).
Sui generis right
Copyright protection is not available for databases which aim to be "complete", that is where the entries are selected by objective criteria: these are covered by sui generisSui generis
Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression is often used in analytic philosophy to indicate an idea, an entity, or a reality which cannot be included in a wider concept....
database rights
Database rights
In European Union law, database rights are specifically coded laws on the copying and dissemination of information in computer databases...
. While copyright protects the creativity of an author, database rights specifically protect the "qualitatively and/or quantitatively [a] substantial investment in either the obtaining, verification or presentation of the contents": if there has not been substantial investment (which need not be financial), the database will not be protected [Art. 7(1)]. Database rights are held in the first instance by the person or corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
which made the substantial investment, so long as:
- the person is a national or domiciliary of a Member State or
- the corporationCorporationA corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
is formed according to the laws of a Member State and has its registered office or principal place of business within the European Union.
Article 11(3) provides for the negotiation of treaties to ensure reciprocal treatment outside the EU: as of 2006, no such treaty exists.
The holder of database rights may prohibit the extraction and/or re-utilization of the whole or of a substantial part of the contents: the "substantial part" is evaluated qualitatively and/or quantitatively and reutilization is subject to the exhaustion of rights. Public lending is not an act of extraction or re-utilization. The lawful user of a database which is available to the public may freely extract and/or re-use insubstantial parts of the database (Art. 8): the holder of database rights may not place restrictions of the purpose to which the insubstantial parts are used. However, users may not "perform acts which conflict with normal exploitation of the database or unreasonably prejudice the legitimate interests of the maker of the database", nor prejudice any copyright in the entries. The same limitations may be provided to database rights as to
copyright in databases (Art. 9:
- extraction for private purposes of the contents of a non-electronic database;
- extraction for the purposes of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved;
- extraction and/or re-utilization for the purposes of public security or an administrative or judicial procedure.
Database rights last for fifteen years from the end of the year that the database was made available to the public, or from the end of the year of completion for private databases (Art. 10). Any substantial change which could be considered to be a substantial new investment will lead to a new term of database rights, which could, in principle, be perpetual. Database rights are independent of any copyright in the database, and the two could, in principle, be held by different people (especially in jurisdictions which prohibit the corporate ownership of copyright): as such, database rights can be compared to the rights of phonogram
Sound recording and reproduction
Sound recording and reproduction is an electrical or mechanical inscription and re-creation of sound waves, such as spoken voice, singing, instrumental music, or sound effects. The two main classes of sound recording technology are analog recording and digital recording...
and film producers.
Implementation
External links
- Text of the directive
- First evaluation of Directive 96/9/EC on the legal protection of databases, 2005-12-12.
- Gasaway, L.: Databases and The Law, Cyberspace law course, Spring 2006, University of North Carolina at Chapel HillUniversity of North Carolina at Chapel HillThe University of North Carolina at Chapel Hill is a public research university located in Chapel Hill, North Carolina, United States...
. URL last accessed 2007-04-14.