According to a government proposal to change the Copyright Act, copyright protection is to be given to databases which are not independent works by traditional copyright standards and therefore not protected by them. The right which will be introduced is the so called "sui generis" right which gives protection to works in which the collecting, sorting or displaying of material has represented substantial work.
Further, databases in digital form may no longer be copied for private use. Anyone entitled to use a database may, however, take copies which are required for the use of the database.
The protection lasts for 15 years from the creation of the database.
A right to a database created by an employee in his employment is transferred to the employer, unless the parties have agreed differently. An exemption is a database created in a university for either educational purposes or for research.
The proposed change to the Copyright Act is based on the EC database directive. The change is expected to come into force by 31st December 1997.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
