(b)the purpose of reporting any such proceedings held in public. 3.(1)Where the contents of a database are open to public inspection pursuant to a statutory requirement, or are on a statutory register, database right in the database is not infringed by the extraction of all or a substantial part of the contents containing factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve re-utilisation of all or a substantial part of the contents. appropriate person means the person required to make the contents of the database open to public inspection or, as the case may be, the person maintaining the register; statutory register means a register maintained in pursuance of a statutory requirement; and. by Application for review of order as to entitlement to licence, within twelve months from the date of the order, or of the decision on a previous application under this section, or. June 6, 2022 how to change my name on zelle chase how to change my name on zelle chase (3)Where the contents of a database which is open to public inspection pursuant to a statutory requirement, or which is on a statutory register, contain information about matters of general scientific, technical, commercial or economic interest, database right in the database is not infringed by the extraction or re-utilisation of all or a substantial part of the contents, by or with the authority of the appropriate person, for the purpose of disseminating that information. (3)In this paragraph database right licences means licences to do, or authorise the doing of, any of the things for which consent is required under Regulation 16. The Directive requires that a database be defined and that copyright protection should only be accorded to a database which by virtue of the selection or arrangement of the contents constitutes the authors own intellectual creation. For more information on Copyright see our article:Copyright law: the basics. In relation to a database which was completed on or after 1st January 1983 in which database right subsists at 1 January 1998, such a database qualifies for a term of protection of 15 years from 1st January 1998 (regulation 30). (b)in the case of an order under paragraph 11, if assignment was not prohibited under the terms of the original licence. 26.(1)In this Part commencement means the commencement of these Regulations. 13.(1)A property right (database right) subsists, in accordance with this Part, in a database if there has been a substantial investment in obtaining, verifying or presenting the contents of the database. Copyright is automatic and there is no need to register for it. It cost BHB approximately 4 million a year to maintain. Extraction, re-utilisation and substantial are defined in Reg.12 . This means that after Brexit in the EEA it would be necessary for those entities to rely either on any copyright in the relevant database, contractual arrangements to protect that database and/or other forms of protections such as restrictive licensing agreements. (2)In this Regulation the EEA Agreement means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(5), as adjusted by the Protocol signed at Brussels on 17th March 1993(6). and shall exercise its powers so as to secure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person. if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous application under this section is due to expire within 15 months of that decision, until the last three months before the expiry date. (2)In this Schedule a licensing body means a society or other organisation which has as its main object, or one of its main objects, the negotiating or granting, whether as owner or prospective owner of a database right or as agent for him, of database right licences, and whose objects include the granting of licences covering the databases of more than one maker. Copies of the assessment are available to the public from the Copyright Directorate of The Patent Office, 25 Southampton Buildings, London WC2A 1AY. (2)The references in sections 56(2) and 73(2) of that Act, and sections 10(2)(b) and 12(5) of the Competition Act 1980(12), to the powers specified in that Part of that Schedule shall be construed accordingly. 12.(1)Where the Copyright Tribunal has made an order under paragraph 10 or 11, the licensing body or the person entitled to the benefit of the order may apply to the Tribunal to review its order. (4)Where a database is made by or under the direction or control of the House of Commons or the House of Lords, (a)the House by whom, or under whose direction or control, the database is made shall be regarded as the maker of the database, and. (3)This Regulation has effect subject to Regulation 18. brownsville tn police department mugshots; coronado high school famous alumni; who is still married from four weddings. (b)the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should not be dealt with in the same way. the purpose of reporting any such proceedings held in public. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. HL Deb 18 December 1997 vol 584 cc792-800 792 4.1 p.m. Lord Haskel rose to move, That the draft regulations laid before the House on 6th November be approved [12th Report from the Joint Committee.] Different options to open legislation in order to view more content on screen at once. (2)Where a database is made available to the public before the end of the period referred to in paragraph (1), database right in the database shall expire fifteen years from the end of the calendar year in which the database was first made available to the public. the reference in sub-paragraph (2)(a) to the charges payable under the scheme shall be construed as a reference to the charges so payable by virtue of the order. The General Data Protection Regulation and the Data Protection Act 2018 (together the "legislation") deal with the use of personal data held both manually and in automated form and will therefore often be applicable to databases. Fixtures Marketing (FML) brought actions against the three defendant organisations alleging that they had extracted and/or re-utilised data from football fixture lists for the English Premier League and its Scottish equivalent, which FML develops and administers at a cost of over 11.5 million a year. Avoidance of certain terms relating to databases. The BBC informs, educates and entertains - wherever you are, whatever your age. (5)The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine. For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the authors own intellectual creation. L77, 27.3.96, page 20) on the legal protection of databases (the Directive). (3)The terms of a licence available by virtue of this paragraph shall, in default of agreement, be settled by the Copyright Tribunal on an application by the person requiring the licence; and terms so settled shall authorise the licensee to do everything in respect of which a licence is so available. The CJEU gave its judgment in these three cases contemporaneously with its judgment in BHB v William Hill. (2)The conditions mentioned in paragraphs (1)(b) and (c) are, (a)that the body has its central administration or principal place of business within the EEA, or. There is an urgent need for the current parliament to legislate and create a robust regulatory framework on self-driving vehicles to maintain the UKs leading position in commercialising the new technology, warned experts in the future of mobility before the House of Commons Transport Committee. (b)a refusal of an owner of database right to grant licences on reasonable terms. How similar are Ed Sheeran and Marvin Gaye's songs? Changes we have not yet applied to the text, can be found in the Changes to Legislation area. boston 3 hole punch parts. There was, therefore, no substantial investment that qualified for database right. No changes have been applied to the text. 15.(1)Where the matters specified in a report of the Monopolies and Mergers Commission as being those which in the Commissions opinion operate, may be expected to operate or have operated against the public interest include, (a)conditions in licences granted by the owner of database right in a database restricting the use of the database by the licensee or the right of the owner of the database right to grant other licences, or. (a)an individual who was a national of an EEA state or habitually resident within the EEA, (b)a body which was incorporated under the law of an EEA state and which, at that time, satisfied one of the conditions in paragraph (2), or. (a)that part is extracted from the database by a person who is apart from this paragraph a lawful user of the database, (b)it is extracted for the purpose of illustration for teaching or research and not for any commercial purpose, and. This could be due to inactivity on the page - please try again. It is clear that where the creator of a database makes the contents of the database accessible to the public, the consultation of that database does not, by itself, constitute an infringement of database right. (2)Database right in a database is not infringed by the issue to the public of copies of the report of a Royal Commission or statutory inquiry containing the contents of the database. 16.(1)Subject to the provisions of this Part, a person infringes database right in a database if, without the consent of the owner of the right, he extracts or re-utilises all or a substantial part of the contents of the database. (b)the terms on which licences would be granted in those classes of case; and for this purpose a scheme includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name. an organisation claiming to be representative of such persons, a person claiming that he requires a licence in a case of the description to which the order applies, or, within twelve months from the date of the order on the previous reference, or. In particular: It is worth noting that information contained in a database which is not in the public domain may, in addition, be protected under the law of confidence. \n Thank you for your patience. (2)In this Regulation copyright term means the period of the duration of copyright under section 12 of the 1988 Act (duration of copyright in literary, dramatic, musical or artistic works). (a)in paragraph (a) after compilation insert other than a database; (b)at the end of paragraph (b) leave out and; (c)at the end of paragraph (c) insert and (d) a database;. database right shall subsist in the database for the period of fifteen years beginning with 1st January 1998. (a)was created on or before 27th March 1996, and. intel director salary. (3)The Tribunal may direct that an order under paragraph 10 or 11, or an order under paragraph 12 varying such an order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire. Pursuant to UK law, copyright in a database lasts for 70 years from the end of the calendar year in which the author of the database dies. Financial services firms need to engage the help of service providers to meet their obligations around operational resilience in the UK. the reference in sub-paragraph (1)(a) to the charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to the charges so payable by virtue of the later order. Data controllers must comply with certain principles, for example to process data fairly and lawfully. The Court decided that the expression "investment" refers to the resources used to seek out existing independent materials and collect them together to construct a database. (2)A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme either, (a)has refused to grant him a licence or procure the grant to him of a licence, or has failed to do so within a reasonable time of being asked, and that in the circumstances it is unreasonable that a licence should not be granted, or. In section 179 (index of defined expressions), in the appropriate place in alphabetical order insert. The CJEU considered whether there had been "substantial investment" by BHB in obtaining, verifying or presenting the contents of the database. 7. For more information see the EUR-Lex public statement on re-use. It is not the intention in this guide to deal with data protection issues. Review contracts relating to commissioned databases and employment contracts. A person infringes a database right if they extract or re-utilise all or a substantial part of the contents of a protected database without the consent of the owner. A database may fall to be considered as a type of compilation. 5.(1)Where the Copyright Tribunal has on a previous reference of a licensing scheme under paragraph 3 or 4, or under this paragraph, made an order with respect to the scheme, then, while the order remains in force, (b)a person claiming that he requires a licence in a case of the description to which the order applies, or. (b)after commencement, in pursuance of an agreement made before commencement. 1. (3)Provision shall be made by rules under section 150 of the 1988 Act prohibiting the Tribunal from entertaining a reference under paragraph 3, 4 or 5 of Schedule 2 (reference of licensing scheme) by a representative organisation unless the Tribunal is satisfied that the organisation is reasonably representative of the class of persons which it claims to represent. (b)if the order was made so as to be in force for 15 months or less, until the last three months before the expiry of the order. 8.(1)A licensing scheme which has been confirmed or varied by the Copyright Tribunal, (a)under paragraph 3 (reference of terms of proposed scheme), or. Like copyright, Database Right is an automatic right which exists as soon as the database exists in a recorded form. We are processing your request. (5)For the purposes of this Part a database is made jointly if two or more persons acting together in collaboration take the initiative in obtaining, verifying or presenting the contents of the database and assume the risk of investing in that obtaining, verification or presentation.

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