Database Law

‘Database Law’ constitutes the first fruits of our IT Group's activities, concentrating on the intellectual property aspects of database law.

It highlights practical issues surrounding the legal protection of databases, explains the “database right” ...

Chapters

1. Information and the Law – Christopher Rees


2. EU Directive 96/9/EC on the Legal Protection of Databases – Simon Chalton


3. UK Implementation of the Database Directive: The Copyright and Rights in Databases –
   Simon Topping, Simon Chalton


4. Copyright in Databases and Other Complications
   – Simon Chalton


5. Database Right – Christopher Rees


6. Limitations and Exceptions – Lorna Brazell


7. Changes to Copyright, Designs and Patents Act 1988 – Lorna Brazell


8. Licensing Enforcement – Trevor Cook


9. Competition Law – Simon Topping


10. International Treaties – Howard Rubin


11. Transitional Provisions – Helen Brown

1. Information and the Law
The Information Age Is information capable of being owned? The common law protections for information: contract and confidence The statutory protections for information: copyright and database right Information and the criminal law Databases as property.

2. EU Directive 96/9/EC on the Legal Protection of Databases
EC Green Paper on Copyright and the Challenge of Technology The first and subsequent proposals for a Database Directive Development of the sui generis right The compulsory licensing provisions and lawful user and other exceptions The Database Directive as adopted.

3. UK Implementation of the Database Directive: The Copyright and Rights in Databases
Legal effect of the Database Directive Interpretation of national legislation to comply with EC law, and the possibility of obtaining damages against the State for failure to implement The European Communities Act 1972 The structure and main content of the Database Regulations.

4. Copyright in Databases and Other Complications
The law as at 31 December 1997 The US law on protection of compilations The Database Directive's copyright requirements The Database Directive's definition of 'database' Copyright protection of tables, compilations, and databases after 1 January 1998 The copyright restricted acts Limitations and exceptions Conclusions.

5. Database Right
Definition of database right Protection of investment Ownership of database right Qualification for the database right Scope of the database right.

6. Limitations and Exceptions
Lawful user rights under the Software Directive and the Software Regulations Section 56 of the CDPA Copyright lawful users of databases Database right lawful users Lawful users of non-database compilations Lawful use, fair dealing and s29 of the CDPA in relation to non-database compilations Commercial use of computer programs, non-database compilations and databases.

7. Changes to Copyright, Designs and Patents Act 1988
Under the Software Regulations Under the Database Regulations Effect on provisions relating to computer-generated works (ss9(3) and 178 of the CDPA) Effect on originality in computer programs and non-database tables and compilations Effect on originality of databases.

8. Licensing Enforcement
Introduction Licensing References to the Copyright Tribunal Enforcement and remedies.

9. Competition Law
Article 85 of the EC Treaty The effect of falling within Article 85(1) of the EC Treaty Exception from Article 85(1) of the EC Treaty Examples of database issues under Article 85 of the EC Treaty Article 86 of the EC Treaty Abuse The effect of falling within Article 86 of the EC Treaty The Restrictive Trade Practices Act 1976 General exclusions and exceptions under the RTPA Exceptions relating to licensing of intellectual property rights The Resale Prices Act 1976 The Competition Act 1980 The Competition Bill.

10. International Treaties
Introduction The Berne Convention The Universal Copyright Convention ('UCC') TRIPs ('Trade Related Aspects of Intellectual Property') and the World Trade Organisation ('WTO') WIPO Copyright Treaty Members of the Berne Convention as at 26 March 1998 The Berne Convention for the Protection of Literary and Artistic Works, with its revisions

11. Transitional Provisions
Under the Database Directive Under the Database Regulations The effect on pre-1998 databases and the effect on non-database compilations.