The Copyright and Rights in Databases Regulations 1997 came into force in the United Kingdom on 1 January 1998. The Regulations implement in the UK the European Directive on the Legal Protection of Databases, and can be split broadly into two main areas:

(i) amendment of the Copyright, Designs and Patents Act 1988 to protect databases as a new class of copyright work (thereby altering the extent to which copyright law already protects databases in the UK; and
(ii) the introduction of a brand new "database right", independent from copyright.

In the regulations, databases are defined as a collection of independent works, data or other materials which are arranged in a systematic and methodical way, and are individually accessible by electronic or other means. This definition encompasses paper-based or other manual database systems. However, a database will only qualify for copyright protection if the selection or arrangement of the contents of the database constitutes the author's "own intellectual creation". This is a new concept in English law as far as establishing copyright is concerned and we shall wait to see how the Courts interpret it.

The new "database right" will apply to databases where there has been a "substantial investment in obtaining, verifying or presenting the contents of the database". There does not need to be any "intellectual creativity" in the database, and it is irrelevant whether the database or its contents are protected by copyright. Like copyright there also are certain "nationality" criteria relating to the creator of the database that have to satisfied before protection will be available. The right is infringed if a person extracts or utilises all or a substantial part of the database without the appropriate consent. The term of protection lasts for 15 years, but if there are substantial changes to the database, this may qualify it for a new period of protection.

The Regulations include transitional provisions dealing with the affect of the changes on databases created prior to 1st January 1998. We will be publishing a more extensive analysis of the Regulations and their impact shortly.

Further Information

For further information or advice on any of the legal or internal policy issues involved in e-mail use, please contact us.
This bulletin is correct to the best of our knowledge and belief. It is, however, written as a general guide; it is essential that relevant professional advice is sought before any specific action is taken. Garretts is a member of the international network of law firms associated with Arthur Andersen and is regulated by the Law Society in the conduct of investment business.

Garretts associate firm Dundas & Wilson acted for Shetland News in this significant piece of internet litigation. If you would like further information please contact us.