Electronic databases are protected by database rights and copyright. These two types of protection have similarities in that protection is given as soon as the database is created. However, they differ in the extent of protection, for example how much of the database can be protected and how long it will be protected for.
Databases are commonly used by businesses and other organizations as an effective means to systematically store and deliver vast quantities of data, works and other materials electronically. In light of this, an organisation’s databases are usually valuable pieces of intellectual property. The law protects the investment made by the creation of a database in two ways.
Firstly, databases are protected under the Copyright and Rights in Databases Regulations 1997, which creates specific rights applicable only to databases to protect them. Secondly, databases are protected under the Copyright Designs and Patents Act 1988, which provides the creator of the database with protection against copyright infringement. These are two freestanding and independent rights.
Databases are usually protected both by database rights and by copyright laws. Both protections share similar features, for instance both arise automatically as soon as the database is created. Also, both forms of protection require that the database be an original work. The rights also both offer protection against unauthorised use of the database without the consent of the creator. Database rights prohibit utilisation of significant parts of the database or systematic extraction of small parts of it and copyright infringement protection prohibits copying or adapting the database.
Similarities do exist with Database Rights and Copyright but there are also significant differences in the protection that they offer. Some of these differences mean that in certain circumstances one form of protection may be more useful than the other.
For instance, the rights differ in the duration of protection they afford. Database rights last for 15 years beginning from the end of the year the database was created or, if made public, 15 years from the end of the year it was made public. However, the duration of copyright protection far exceeds this, lasting for 70 years after the death of the author/creator. This means that copyright protection may continue to exist in a database long after its database rights have expired.
That said, when the contents of a database are constantly changed and updated, the protection may well be perpetual for so long as the database is updated and maintained. Put another way, database rights are reset if the content of the database is continually renewed or updated, which can extend the overall duration of the database rights significantly. Furthermore, while both protect against unauthorised use of the database, they protect different things. Whilst database rights protect the entire content of the database, copyright only protects the selection and arrangement of the database.
These differences also mean that databases may not always qualify for protection by both database rights and by copyright infringement laws. For instance, while both require the work to be original, to qualify for database rights there must also have been a substantial investment in obtaining, verifying or presenting the contents of the database.
Although databases are often protected by both database rights and by copyright laws there are differences between them; namely what they protect, for how long they protect and when they will protect. Thus to ensure a database is protected, both protections should be sought by ensuring that the requirements to qualify for protection are met.
To preserve in research and development, it is essential that organisations take steps to protect intellectual property in its databases properly both digitally and legally. Whenever information technology is at issue, it is important that you seek proper assistance from intellectual property lawyers that specialise in information technology law. For specialist advice about protecting databases from intellectual property lawyers with expertise in information technology law, contact Leigh Ellis.
For business legal advice and more information on protecting database rights and protection of technology assets and infrastructure, contact us online or call us on 020 7353 1770.