\n Thank you for your patience. No changes have been applied to the text. (3)The Tribunal may direct that the order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference was made or, if later, on which the scheme came into operation. The latter evaluation was welcomed by many following the ever-increasing awareness of the types and uses of data that may underpin the digital economy in the future. Advanced Search (including Welsh legislation in Welsh language), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. The Court observed that the question should be addressed both quantitatively and qualitatively. BHB brought an action, alleging that William Hill's use of the information infringed BHB's database right. In determining what is reasonable on a reference or application under this Schedule relating to a licensing scheme or licence, the Copyright Tribunal shall have regard to, (a)the availability of other schemes, or the granting of other licences, to other persons in similar circumstances, and. (3)This Regulation has effect subject to Regulation 18. (a)modify the definition of literary work in section 3 by including database, as defined in the Directive (regulations 5 and 6); (b)introduce new section 3A defining the meaning of original in relation to databases so that a database is only accorded copyright protection where the conditions of that section are satisfied (regulation 6); (c)make provision for adaptation and translation in relation to a database at section 21 (regulation 7); (d)amend section 29 so as to remove research for a commercial purpose from the general application of the fair dealing provision in relation to a database (regulation 8); (e)introduce new section 50D containing specific exceptions to the exclusive rights of the copyright owner which permit any person having a right to use a database to do any acts that are necessary for access to and use of the contents of the database without infringing copyright (regulation 9); (f)introduce new section 296B which renders void any term in an agreement which seeks to prohibit or restrict the doing of any act permitted under section 50D (regulation 10). (4)This Regulation has effect subject to Regulation 30. If the database is made by an employee in the course of their employment, the employer will be regarded as the maker and therefore the owner of the Database Right subject to any agreement to the contrary. (3)Paragraph (1) does not apply in any case falling within Regulation 14(4). Investment in actually creating data which forms part of a database will not automatically result in a database right. The maker of a database is defined as the person who "takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation" and such person is the first owner of the Database Right. An error occurred. an organisation claiming to be representative of such persons, a person claiming that he requires a licence in a case of the description to which the order applies, or, within twelve months from the date of the order on the previous reference, or. Protect against infringement by using copyright notices ( [Owner] [Year] All rights reserved) and some text to the effect that the set of data may be protected by database right. If there is a substantial change to the contents of the database then the 15 year protection period recommences for the database in its amended form. It is clear that where the creator of a database makes the contents of the database accessible to the public, the consultation of that database does not, by itself, constitute an infringement of database right. AMENDMENT OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988. 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;. (a)EEA and EEA state have the meaning given by section 172A of the 1988 Act; (b)the material time means the time when the database was made, or if the making extended over a period, a substantial part of that period. Investment includes "any investment, whether of financial, human or technical resources" and substantial means "substantial in terms of quantity or quality or a combination of both". it is reasonable to assume that database right has expired. Extraction, re-utilisation and substantial are defined in Reg.12 . Copyright is automatic and there is no need to register for it. any necessary repayments, or further payments, shall be made in respect of charges already paid, and. (2)Where a database is made by an employee in the course of his employment, his employer shall be regarded as the maker of the database, subject to any agreement to the contrary. These elements may or may not be protected in their own right separately from any protection afforded to the database as a whole. (3)Any substantial change to the contents of a database, including a substantial change resulting from the accumulation of successive additions, deletions or alterations, which would result in the database being considered to be a substantial new investment shall qualify the database resulting from that investment for its own term of protection. It concluded that it had not achieved its objective of encouraging investment in database production across the EU. 4.(1)If while a licensing scheme is in operation a dispute arises between the operator of the scheme and, (a)a person claiming that he requires a licence in a case of a description to which the scheme applies, or. The Court decided that the expression "investment" refers to the resources used to seek out existing independent materials and collect them together to construct a database. (a)was created on or before 27th March 1996, and. (b)the terms on which licences would be granted in those classes of case; and for this purpose a scheme includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name. in the case of an order under paragraph 11, if assignment was not prohibited under the terms of the original licence. 15. Accordingly, the circumstances in which a database might attract copyright protection are extremely limited, if available at all. an individual who was a national of an EEA state or habitually resident within the EEA, a body which was incorporated under the law of an EEA state and which, at that time, satisfied one of the conditions in paragraph (2), or. The Database Right in a database which has been made available to the public is not infringed by fair dealing with a substantial part of its content in certain defined circumstances, for example when someone with a right to use the database extracts data for teaching or research and not for any commercial purpose (provided they indicate the source of the material). In Stan James, the CJEU clarified the relationship between copyright and Database Right by stating: Directive 96/9 must be interpreted as meaning that, subject to the transitional provision contained in Article 14(2) of that directive, it precludes national legislation which grants databases, as defined in Article 1(2) of the directive, copyright protection under conditions which are different to those set out in Article 3(1) of the directive. Any software which is used in the making or operation of a database is specifically excluded from protection as a database, software instead generally being protected by copyright as a literary work.
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