any necessary repayments, or further payments, shall be made in respect of charges already paid, and. The Directive requires that a database be defined and that copyright protection should only be accorded to a database which by virtue of the selection or arrangement of the contents constitutes the authors own intellectual creation. (2)A licensing scheme shall not, except with the special leave of the Tribunal, be referred again to the Tribunal in respect of the same description of cases, (a)within twelve months from the date of the order on the previous reference, or. (2)In this Regulation the EEA Agreement means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(5), as adjusted by the Protocol signed at Brussels on 17th March 1993(6). The CJEU considered whether there had been "substantial investment" by BHB in obtaining, verifying or presenting the contents of the database. (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. To reject all optional cookies or choose which optional cookies to allow, click Cookie settings. In section 21 (infringement by making adaptation or act done in relation to adaptation), in subsection (3), (a)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. The Russian invasion of Ukraine has resulted in a swift and growing international response as nations seek to use economic sanctions to put pressure on Russia to withdraw from Ukraine. Application for review of order as to entitlement to licence, within twelve months from the date of the order, or of the decision on a previous application under this section, or. His Honour Judge Cawson QC, sitting as a Judge of the High Court, observed that to establish the subsistence of database right in Slate, the question was whether there had been substantial investment in "obtaining", "verifying" or "presenting" the contents of the database such as to satisfy Regulation 13 of the Database Regulations. \n Thank you for your patience. (b)after commencement, in pursuance of an agreement made before commencement. (b)complies with the other terms applicable to such a licence under the scheme. (b)it is reasonable to assume that database right has expired. 11.(1)A licensee under a licence which is due to expire, by effluxion of time or as a result of notice given by the licensing body, may apply to the Copyright Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force. Dependent on the legislation item being viewed this may include: All content is available under the Open Government Licence v3.0 except where otherwise stated. In British Horseracing Board v William Hill [2004], the Court of Justice of the European Union (CJEU) gave guidance on the application of the rules relating to database rights, significantly reducing the scope of protection given to the maker of a database under the Regulations. (2)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).. copyright and rights in databases regulations 1997 bbc bitesize middle name abbreviation There was therefore no extraction or re-utilisation of a substantial part in the quantitative sense. The following provisions of the 1988 Act. Review any databases that potentially qualify for protection. Thus those who wish to use databases protected by such rights will continue to need the permission of the right holder. boston 3 hole punch parts. The copyright owner is the creator of the database, therefore businesses need to exercise caution when engaging a contractor to create a database for it. the powers conferred by Part I of Schedule 8 to the Fair Trading Act 1973(11) (powers exercisable for purpose of remedying or preventing adverse effects specified in report of Commission) include power to cancel or modify those conditions and, instead or in addition, to provide that licences in respect of the database right shall be available as of right. (3)Where the making of a copy of a database available through an establishment which is accessible to the public gives rise to a payment the amount of which does not go beyond what is necessary to cover the costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of paragraph (2). In most countries copyright lasts a minimum of life plus 50 years for most types of written, dramatic and artistic works, and at least 25 years for photographs. (2)The conditions mentioned in paragraphs (1)(b) and (c) are, (a)that the body has its central administration or principal place of business within the EEA, or. that a named person was the maker of the database, or. Please contact Technical Support at +44 345 600 9355 for assistance. Resources used for the creation of materials that make up the database will not be sufficient to give rise to protection. Provided a set of data comes within the definition of a database, it will qualify for protection in its own right under the Regulations (irrespective of whether it benefits from protection under copyright) if there has been a "substantial investment" in obtaining, verifying or presenting the contents of the database (the . (3)The Tribunal may direct that an order under paragraph 10 or 11, or an order under paragraph 12 varying such an 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 or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire. 11. This definition is in contrast to that of an owner in copyright since where a database is commissioned, the commissioner will usually be the "maker" and first owner of the Database Right.
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