Encyclopedia > Directive on the legal protection of databases
 | Directive 96/9/EC | | Title: | Directive on the legal protection of databases | | Made by: | European Parliament & Council | | Made under: | Arts. 47(2), 55 & 95 | | Official Journal reference: | L77, 1996-03-27, pp. 20–28 | | Dates | | Made: | 11 March 1996 | | Came into force: | 27 March 1996 | | Implementation date: | 1 January 1998 | | Preparative texts | | Proposal from the Commission: | C156, 1992-06-23, p. 4
C308, 1993-11-15, p. 1 | | Opinion of the Economic and Social Committee: | C19, 1993-01-25, p. 3 | | Opinion of the European Parliament: | C194, 1993-07-19, p. 144 | | Reports: | | | Other legislation | | Replaces: | — | | Amends: | — | | Amended by: | — | | Replaced by: | — | | Status: Current legislation | 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 databases under copyright law, and creates a new sui generis right for the creators of databases which do not qualify for copyright. Image File history File links Flag_of_the_European_Union. ...
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. ...
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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. ...
This articles section called History of Copyright does not cite its references or sources. ...
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A database is a collection of logically related data designed to meet the information needs of one or more users. ...
Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ...
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Definition of database
Article 1(2) defines a database as "a collection of independent works, data or other materials arranged in a systematic 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), the copyright protection of software being governed by Directive 91/250/EEC.[1] [edit]
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 orther 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 Works,[2] 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 Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ...
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 first-sale doctrine;
- 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 tradtional limitations to copyright: The first-sale doctrine is an exception to copyright codified in the US Copyright Act, section 109. ...
- 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 lasts for seventy years after the death of the author, or seventy years after the creation of the database if it is deemed to be a collective work (Art. 1, Directive 93/98/EEC[3]). [edit]
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 generis 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 Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ...
Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1997. ...
A corporation is a legal person which, while being composed of natural persons, exists completely separately from them. ...
- the person is a national or domiciliary of a Member State or
- the corporation 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. A corporation is a legal person which, while being composed of natural persons, exists completely separately from them. ...
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 first-sale doctrine. 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): The first-sale doctrine is an exception to copyright codified in the US Copyright Act, section 109. ...
- 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 and film producers. Manufacturers put records inside protective and decorative cardboard jackets and an inner paper sleeve to protect the grooves from dust and scratches. ...
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See also [edit] The European Union has made various directives on copyright law which member states are obliged to implement. ...
Related rights is a term in copyright law, used in opposition to the term authors rights. The term neighbouring rights is exactly equivalent, and a more literal translation of the original French droits voisins. ...
References - ↑ Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs, OJ no. L122 of 1991-05-17, pp. 9–13.
- ↑ Berne Convention for the Protection of Literary and Artistic Works
- ↑ Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights, OJ no. L290 of 1993-11-24, p. 9.
[edit] 1991 (MCMXCI) was a common year starting on Tuesday of the Gregorian calendar. ...
May 17 is the 137th day of the year in the Gregorian Calendar (138th in leap years). ...
1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ...
November 24 is the 328th day (329th on leap years) of the year in the Gregorian Calendar. ...
External links - Text of the directive
- First evaluation of Directive 96/9/EC on the legal protection of databases, 2005-12-12.
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