The Database Directive, also known as the Directive on the Legal Protection of Databases, was enacted by the European Commission in 1996. It stipulates that databases containing original content should be safeguarded by copyright, while databases lacking original content should be granted a distinct form of protection.
The European Commission created the Directive on the Legal Protection of Databases in 1996 to establish a standardized approach for safeguarding both original and non-original content within databases. Under this Directive, copyright protection is granted to databases containing original content, granting exclusive rights to the creator for its use and distribution. For instance, if someone creates a recipe database, they have the authority to prohibit others from copying or distributing the recipes without permission. However, certain databases may not meet the criteria for copyright protection due to their lack of originality. In such cases, the Directive offers a sui generis system of protection, granting the creator exclusive rights to prevent others from extracting or reusing a significant portion of the database. For example, if someone creates a database of public domain information, they may not have copyright protection, but they can still prevent others from copying a substantial part of the database. The Directive on the Legal Protection of Databases plays a crucial role in safeguarding creators’ rights, fostering innovation and creativity, and ensuring the fair and legal use of databases.
– The Directive on the Legal Protection of Databases is a European Union directive that provides legal protection for databases, ensuring their intellectual property rights and preventing unauthorized use or extraction of their contents.
– The purpose of the directive is to harmonize the legal framework for the protection of databases within the European Union, promoting innovation, investment, and the development of database-related industries.
– A database is defined 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.
– The Directive grants the creators of databases the exclusive right to authorize or prohibit the extraction or re-utilization of the whole or a substantial part of the contents of their database.
– The term of protection for a database under the Directive is 15 years from the completion of its creation, provided that the database is made available to the public within two years from its completion.
– No, the Directive does not protect facts or data contained within a database. It only protects the selection or arrangement of those facts or data.
– Yes, a database may be protected under both copyright law and the Directive. Copyright protection may apply to the originality of the selection or arrangement of the contents, while the Directive protects the investment made in obtaining, verifying, or presenting the contents.
– No, even the extraction of a small portion of a database’s contents may require permission from the creator if it constitutes a substantial part of the database, as determined qualitatively or quantitatively.
– Yes, the Directive provides for certain exceptions and limitations, such as the right to extract or re-utilize insubstantial parts of a database, use for private purposes, use for teaching or scientific research, and use for public security or administrative purposes.
– Infringement of the rights granted under the Directive can lead to legal consequences, including injunctions, damages, and other remedies available under national laws of the European Union member states.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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