In the modern era, the use of databases have increased and are very common for businesses. However, legal implications of their uses are less familiar to business owners and lack of knowledge has the potential to cause complex complications, if misused. It is important to refer to database rights and how an infringement can impact you and your business. Database rights are recognised in two different forms under UK law:
- Section 3A of the Copyright Designs and Patents Act; and
- Copyright and Rights in Databases Regulations 1997.
Databases are unique to every business and contain sensitive and confidential information therefore it is imperative to protect databases with a Copyright Rights Agreement under the terms from the Copyright, Designs and Patents Act 1988. For a Copyright Protection Agreement to be enforced, all contents within the database must be original and unique to the business. The originality test for databases is different to other literary works and will only be accepted by the Copyright Act if “by reason of the selection or arrangement of [its] contents” it constitutes the “author’s own intellectual creation”.
For a database to qualify as a unique and original design, the contents of a database must be arranged by the authors own intellectual creation and cannot contain details existing to a separate database. This differs from the usual originality test which is applied to other copyright works which is based on criteria regarding the level of skill, labour and judgement for the copyright to be approved.
If you would like to protect your database or want to ask a question to find out more information, please get in contact with our intellectual property solicitors and we will be able to process your query efficiently and effectively.
What do I do next?
Contact us online or speak to one of our dedicated intellectual property solicitors on 0207 998 7777 for a free initial consultation. With our vast experience in the field, our team will work with you to ensure this process runs as smooth as possible. All information you provide us with is treated with the utmost confidentiality.
We will contact you no later than the next working day to arrange a meeting at our offices in London W1 to advise on the agreement.