Database
Databases, when they meet certain preconditions, are special type of intellectual property (IP) to which database right can arise. Database rights were introduced in 90s as a completely new form of intellectual property rights which protects only databases. These rights arises only if there has been a substantial investment in obtaining, verifying or presenting the content of the database. This applies also in the case when the content or structure of the database is not protected by the copyright and also in the case when database holder is not the holder of the copyright enshrined within the database.
What is database?
From the European Union law perspective, the database is collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means.
Database registration
Database rights arises automatically so the same principle as copyright principle applies here. Thus there is no need to register database as your rights to it arise automatically once the legal requirements are met. These requirements are that the maker of the database haven taken the initiative in obtaining, verifying or presenting the contents of a database.
However in order to safeguard your rights, you can always choose to register your database in the copyright registry. You can learn more about this option in our copyright registration page.
FAQ
Database rights arises automatically so the same principle as copyright principle applies here. Thus there is no need to register database as your rights to it arise automatically once the legal requirements are met. These requirements are that the maker of the database haven taken the initiative in obtaining, verifying or presenting the contents of a database.
In some cases you can also use the institute of trade secret to protect your database rights or you can choose to register it as a copyright in relevant copyright registry.
There are two levels of protection for database. Both of them arise automatically. First one is special copyright protection and second one is special database right protection.
- Copyright level protects selection or arrangement of the content of the database as this is considered to be author’s own intellectual creation.
- Database right level gives you the protection against extraction and re-utilization of the database.
In respect to your copyright you have exclusive right to authorize database reproduction, distribution, publication, translation, adaptation, arrangement and other alteration. There are some rectrictions to this exclusivity. In respect to your database right you have right to authorize extraction and re-utilization of the whole or substantial part of the content of the database.
Special database rights last for 15 years from the completion of the making of the database. The term for copyright protection is mostly covered by the copyright regulations. The general international rule is that copyright lasts for the life of the author plus 50 more years after his death. However this may vary depending on country of interest.
Yes, you can grant a license to your database to any third party and thereby authorize third party to use your database. You may charge or not charge licensee for this grant of license.