96/9/EC of 11 March 1996(4) on the legal protection of databases, and. (c)a partnership or other unincorporated body which was formed under the law of an EEA state and which, at that time, satisfied the condition in paragraph (2)(a). However, it is important to remember that ownership of database rights does not necessarily give the owner unfettered rights to exploit the data contained in the database in all circumstances. (3)A licence in respect of which a reference has been made to the Tribunal shall remain in operation until proceedings on the reference are concluded. These Regulations implement the provisions of Council Directive No. (4)In the case of a database alleged to have been made jointly, paragraphs (2) and (3), so far as is applicable, apply in relation to each person alleged to be one of the makers. (4)The Tribunal shall consider the matter in dispute and make such order, either confirming, varying or further varying the scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances. (3)In this paragraph database right licences means licences to do, or authorise the doing of, any of the things for which consent is required under Regulation 16. under the Copyright and Rights in Databases Regulations 1997 (the "Regulations"), which implemented into UK law the provisions of European Directive 96/9/EC on the legal protection of databases and came into force on 1 January 1998, by way of a "database right". (2)While the order is in force a person who in a case of a class to which the order applies, (a)pays to the operator of the scheme any charges payable under the scheme in respect of a licence covering the case in question or, if the amount cannot be ascertained, gives an undertaking to the operator to pay them when ascertained, and. (6)References in this Part to the maker of a database shall, except as otherwise provided, be construed, in relation to a database which is made jointly, as references to all the makers of the database. This means that the creator or other holder of a database that is publicly accessible is free to restrict by contractual terms how the contents of the database are used by third parties. are individually accessible by electronic or other means. Like copyright, Database Right is an automatic right which exists as soon as the database exists in a recorded form. 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 . These regulations made a number of amendments to the Copyright, Designs and Patents Act 1988 with respect to databases, a database being defined as "a collection of independent works, data or other materials which --- (a) are arranged in a systematic or methodical way, and (b) are individually accessible by electronic or other means" [7] The regulatory requirements firms are subject to need to be reflected in services contracts. The legislation attempts to protect personal data in a number of ways, for example: Data controllers must therefore ensure that the way that they obtain, hold and deal with personal data complies with this legislation as the Information Commissioner has wide powers of enforcement and individual data subjects have the right to compensation in certain cases. \n Thank you for your patience. 2. (5)For the purposes of this Part a database is made jointly if two or more persons acting together in collaboration take the initiative in obtaining, verifying or presenting the contents of the database and assume the risk of investing in that obtaining, verification or presentation. 10.(1)The terms on which a licensing body proposes to grant a licence may be referred to the Copyright Tribunal by the prospective licensee.
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