(4)If the Tribunal finds the application well-founded, it shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable in the circumstances. (a)EEA and EEA state have the meaning given by section 172A of the 1988 Act; (b)the material time means the time when the database was made, or if the making extended over a period, a substantial part of that period. 2. The Copyright and Rights in Databases Regulations 1997 Made 18th December 1997 Coming into force 1st January 1998 Whereas a draft of the following Regulations has been approved by a. As in BHB v William Hill, the CJEU ruled that only investment to seek out existing materials and collect them into a database will give rise to a database right. Copyright Rights In Databases Regulations 1997 | US Legal Forms bungalows sold in gorleston (2)Where a name purporting to be that of the maker appeared on copies of the database as published, or on the database when it was made, the person whose name appeared shall be presumed, until the contrary is proved. It is not the intention in this guide to deal with data protection issues. 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)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. (2)After subsection (1) of that section insert. (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. In these Regulations the 1988 Act means the Copyright, Designs and Patents Act 1988(7). in relation to a database, means an arrangement or altered version of the database or a translation of it; Fair dealing with a database for the purposes of research or private study does not infringe any copyright in the database provided that the source is indicated. In particular, data controllers should bear in mind the requirements on them if they intend data to be processed on their behalf by third parties, for example in the context of commissioning a database. PDF Database Guidance Note - Lawn Tennis Association 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. is a copyright work immediately before commencement, the making of a database was completed on or after 1st January 1983, and. 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. There was, therefore, no substantial investment that qualified for database right. Dependent on the legislation item being viewed this may include: All content is available under the Open Government Licence v3.0 except where otherwise stated. Any software which is used in the making or operation of a database is specifically excluded from protection as a database, software instead generally being protected by copyright as a literary work. Databases are used in many different ways, from a supermarket tracking stock in a store to the contacts. See our Cookie Policy for more information. (3)The Tribunal may direct that the 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 was made or, if later, on which the scheme came into operation.
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