To reject all optional cookies or choose which optional cookies to allow, click Cookie settings. The CJEU went on to consider the question of what constituted an extraction or reutilisation of a "substantial part" of the contents of a database. A database may fall to be considered as a type of compilation. The following provisions of the 1988 Act. sections 90 to 93 (dealing with rights in copyright works); sections 96 to 98 (rights and remedies of copyright owner); sections 101 and 102 (rights and remedies of exclusive licensee); apply in relation to database right and databases in which that right subsists as they apply in relation to copyright and copyright works. boston 3 hole punch parts. Sign-up to follow topics, sectors, people and also have the option to receive a weekly update of lastest news across your areas of interest. (2)Such an application may not be made until the last three months before the licence is due to expire. the House by whom, or under whose direction or control, the database is made shall be regarded as the maker of the database, and. 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. Provided a set of data comes within the definition of a database, it will qualify for protection in its own right under the Regulations (irrespective of whether it benefits from protection under copyright) if there has been a "substantial investment" in obtaining, verifying or presenting the contents of the database (the "Database Right"). (2)Where an act which would otherwise infringe copyright in a database is permitted under this section, it is irrelevant whether or not there exists any term or condition in any agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296B, void).. (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. Thus those who wish to use databases protected by such rights will continue to need the permission of the right holder. (5)This paragraph has effect subject to any agreement to the contrary between the Crown and the owner of the database right in the database. However, the evaluation does raise a number of questions, for example there is no equivalent right in the USA (the world's largest database-producing market) and it is increasingly difficult to distinguish between data "creation" and "obtaining" of data due to the increase use of automated data gathering.
