COPYRIGHT  
RIGHTS IN DATABASES  
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 resolution of each House of Parliament:  
Now, therefore, the Secretary of State, being a Minister designated for the purposes of section 2(2) of the European 
Communities Act 1972( 1) in relation to measures relating to copyright( 2) and measures relating to the prevention 
of unauthorised extraction of the contents of a database and of unauthorised re -utilisation of those contents( 3), in 
exercise of the powers conferred by section 2(2) and (4) of that Act, hereby makes the following Regulations: — 
PART IINTRODUCTORY PROVISIONS  
Citation, commencement and extent  
1.—(1) These Regulations may be cited as the Copyright and Rights in Databases Regulations 1997.  
(2) These Regulations come into force on 1st January 1998.  
(3) These Regulations extend to the whole of the United Kingdom.  
Implementation of Directive  
2.—(1) These Regulations make provision for the purpose of implementing — 
(a)Council Directive No.  96/9/EC  of 11 March 1996( 4) on the legal protection of databases, and  
(b)certain obligations of the United Kingdom created by or arising under the EEA Agreement so far as relating to 
the implementation of that Directive.  
(2) In this Regulation “the EEA Agreement” means the Agreemen t on the European Economic Area signed at 
Oporto on 2nd May 1992( 5), as adjusted by the Protocol signed at Brussels on 17th March 1993( 6). 
Interpretation  
3.  In these Regulations “the 1988 Act” means the Copyright, Designs and Patents Act 1988( 7). 
Scheme of the Regulations  
4.—(1) The 1988 Act is amended in accordance with the provisions of Part II of these Regulations, subject to 
the savings and transitional provisions in Part IV of these Regulations.  
(2) Part III of these Regulations has effect subject to those savings and transitional provisions.  
PART IIAMENDMENT OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988  Copyright in databases  
5.  In section 3(1), in the definition of “literary work” — 
(a)in paragraph (a) after “compilation” insert “other than a database”;  
(b)at the end of paragraph (b) leave out “and”;  
(c)at the end of paragraph (c) insert “and (d) a database;”.  
Meaning of “database”  
6.  After section 3 insert — 
“Databases  
3A.—(1) In this Part “database” means 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.  
(2) For the purposes of this Part a literary work co nsisting of a database is original if, and only if, 
by reason of the selection or arrangement of the contents of the database the database constitutes 
the author’s own intellectual creation.”.  
Meaning of “adaptation” in relation to database  
7.  In section 21 (infringement by making adaptation or act done in relation to adaptation), in subsection (3) — 
(a)in paragraph (a), for “other than a computer program or” substitute “other than a computer program or a 
database, or in relation to a”, and  
(b)after paragra ph (ab) insert — 
“(ac)in relation to a database, means an arrangement or altered version of the database or a 
translation of it;”.  
Research  
8.—(1) In section 29 (research and private study), in subsection (1), after “literary” insert “work, other than a 
database, or a”.  
(2) After subsection (1) of that section insert — 
“(1A)  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.”.  
(3) After subsection  (4) of that section insert — 
“(5) The doing of anything in relation to a database for the purposes of research for a commercial 
purpose is not fair dealing with the database.”.  
Permitted acts in relation to databases  9.  After section 50C insert — 
“Databases: permitted acts  
Acts permitted in relation to databases.  
50D. —(1) It is not an infringement of copyright in a database for a person who has a right to use 
the database or any part of the database, (whether under a licence to do any of the acts re stricted 
by the copyright in the database or otherwise) to do, in the exercise of that right, anything which is 
necessary for the purposes of access to and use of the contents of the database or of that part of 
the database.  
(2) Where an act which would otherwise infringe copyright in a database is permitted under this 
section, it is irrelevant whether or not there exists any term or condition in any agreement which 
purports to prohibit or restrict the act (such terms being, by virtue of section 296 B, void).”.  
Avoidance of certain terms  
10.  After section 296A insert — 
“Databases  
Avoidance of certain terms relating to databases  
296B.   Where under an agreement a person has a right to use a database or part of a database, 
any term or condition in the agreement shall be void in so far as it purports to prohibit or restrict the 
performance of any act which would but for section 50D infringe the copyright in the database.”.  
Defined expressions  
11.  In section 179 (index of defined expressions), in the appropriate place in alphabetical order insert — 
“database  section 3A(1)”  
“original (in relation to a database)  section 3A(2)”.  
PART IIIDATABASE RIGHT  
Interpretation  
12.—(1) In this Part — 
• “database” has the meaning given by section 3A(1) of the 1988 Act (as inserted by Regulation 6);  
• “extraction”, in relation to any contents of a database, means the permanent or temporary transfer of those contents 
to another medium by any means or in any form;  
• “insubstantial”, in relation to  part of the contents of a database, shall be construed subject to Regulation 16(2);  
• “investment” includes any investment, whether of financial, human or technical resources;  
• “jointly”, in relation to the making of a database, shall be construed in accorda nce with Regulation 14(6);  • “lawful user”, in relation to a database, means any person who (whether under a licence to do any of the acts 
restricted by any database right in the database or otherwise) has a right to use the database;  
• “maker”, in relation to  a database, shall be construed in accordance with Regulation 14;  
• “re-utilisation”, in relation to any contents of a database, means making those contents available to the public by 
any means;  
• “substantial”, in relation to any investment, extraction or re -utilisation, means substantial in terms of quantity or 
quality or a combination of both.  
(2) The making of a copy of a database available for use, on terms that it will or may be returned, otherwise 
than for direct or indirect economic or commercial advant age, through an establishment which is accessible to the 
public shall not be taken for the purposes of this Part to constitute extraction or re -utilisation of the contents of the 
database.  
(3) Where the making of a copy of a database available through an e stablishment which is accessible to the 
public gives rise to a payment the amount of which does not go beyond what is necessary to cover the costs of the 
establishment, there is no direct or indirect economic or commercial advantage for the purposes of par agraph (2).  
(4) Paragraph (2) does not apply to the making of a copy of a database available for on -the-spot reference use.  
(5) Where a copy of a database has been sold within the EEA by, or with the consent of, the owner of the 
database right in the datab ase, the further sale within the EEA of that copy shall not be taken for the purposes of 
this Part to constitute extraction or re -utilisation of the contents of the database.  
Database right  
13.—(1) A property right (“database right”) subsists, in accordanc e with this Part, in a database if there has been 
a substantial investment in obtaining, verifying or presenting the contents of the database.  
(2) For the purposes of paragraph (1) it is immaterial whether or not the database or any of its contents is a 
copyright work, within the meaning of Part I of the 1988 Act.  
(3) This Regulation has effect subject to Regulation 18.  
The maker of a database  
14.—(1) Subject to paragraphs (2) to (4), the person who takes the initiative in obtaining, verifying or presenti ng 
the contents of a database and assumes the risk of investing in that obtaining, verification or presentation shall be 
regarded as the maker of, and as having made, the database.  
(2) Where a database is made by an employee in the course of his employment , his employer shall be regarded 
as the maker of the database, subject to any agreement to the contrary.  
(3) Subject to paragraph (4), where a database is made by Her Majesty or by an officer or servant of the Crown 
in the course of his duties, Her Majesty shall be regarded as the maker of the database.  (4) Where a database is made by or under the direction or control of the House of Commons or the House of 
Lords — 
(a)the House by whom, or under whose direction or control, the database is made shall b e regarded as the 
maker of the database, and  
(b)if the database is made by or under the direction or control of both Houses, the two Houses shall be regarded 
as the joint makers of the database.  
(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.  
(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.  
First ownership of database right  
15.  The maker of a database is the first owner o f database right in it.  
Acts infringing database right  
16.—(1) Subject to the provisions of this Part, a person infringes database right in a database if, without the 
consent of the owner of the right, he extracts or re -utilises all or a substantial part o f the contents of the database.  
(2) For the purposes of this Part, the repeated and systematic extraction or re -utilisation of insubstantial parts 
of the contents of a database may amount to the extraction or re -utilisation of a substantial part of those c ontents.  
Term of protection  
17.—(1) Database right in a database expires at the end of the period of fifteen years from the end of the 
calendar year in which the making of the database was completed.  
(2) Where a database is made available to the public bef ore the end of the period referred to in paragraph (1), 
database right in the database shall expire fifteen years from the end of the calendar year in which the database 
was first made available to the public.  
(3) Any substantial change to the contents of a database, including a substantial change resulting from the 
accumulation of successive additions, deletions or alterations, which would result in the database being considered 
to be a substantial new investment shall qualify the database resulting from t hat investment for its own term of 
protection.  
(4) This Regulation has effect subject to Regulation 30.  
Qualification for database right  
18.—(1) Database right does not subsist in a database unless, at the material time, its maker, or if it was made 
jointly, one or more of its makers, was — 
(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 p aragraph (2), or  
(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).  
(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  
(b)that the body has its registered office within the EEA and the body’s operations are linked on an ongoing basis 
with the economy of an EEA state.  
(3) Parag raph (1) does not apply in any case falling within Regulation 14(4).  
(4) In this Regulation — 
(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.  
Avoidance of certain terms affecting lawful users  
19.—(1) A lawful user of a database which has been made available to the public in any manner shall be entitled 
to extract or re -utilise insubstan tial parts of the contents of the database for any purpose.  
(2) Where under an agreement a person has a right to use a database, or part of a database, which has been 
made available to the public in any manner, any term or condition in the agreement shall be void in so far as it 
purports to prevent that person from extracting or re -utilising insubstantial parts of the contents of the database, or 
of that part of the database, for any purpose.  
Exceptions to database right  
20.—(1) Database right in a database  which has been made available to the public in any manner is not infringed 
by fair dealing with a substantial part of its contents if — 
(a)that part is extracted from the database by a person who is apart from this paragraph a lawful user of the 
database,  
(b)it is extracted for the purpose of illustration for teaching or research and not for any commercial purpose, and  
(c)the source is indicated.  
(2) The provisions of Schedule 1 specify other acts which may be done in relation to a database notwithstanding 
the existence of database right.  
Acts permitted on assumption as to expiry of database right  
21.—(1) Database right in a database is not infringed by the extraction or re -utilisation of a substantial part of 
the contents of the database at a time when, or in pursuance of arrangements made at a time when — (a)it is not possible by reasonable inquiry to ascertain the identity of the maker, and  
(b)it is reasonable to assume that database right has expired.  
(2) In the case of a database alleged to have been made jointly, paragraph (1) applies in relation to each person 
alleged to be one of the makers.  
Presumptions relevant to database right  
22.—(1) The following presumptions apply in proceedings brought by virtue of this Part of these Regulations 
with re spect to a database.  
(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 — 
(a)to be the maker of the database, and  
(b)to have made it in circumstances not falling within Regulation 14(2) to (4).  
(3) Where copies of the database as published bear a label or a mark stating — 
(a)that a named person was the maker of the database, or  
(b)that the da tabase was first published in a specified year,  
the label or mark shall be admissible as evidence of the facts stated and shall be presumed to be correct until the 
contrary is proved.  
(4) In the case of a database alleged to have been made jointly, paragra phs (2) and (3), so far as is applicable, 
apply in relation to each person alleged to be one of the makers.  
Application of copyright provisions to database right  
23.  The following provisions of the 1988 Act — 
• sections 90 to 93 (dealing with rights in copyr ight 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.  
Licensing of database right  
24.  The provisions of Schedule 2 have effect with respect to the licensing of database right.  
Database right: jurisdiction of Copyright Tribunal  
25.—(1) The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings under the 
following provisions of Schedule 2 — (a)paragraph 3, 4 or 5 (reference of licensing scheme);  
(b)paragraph 6 or 7 (application with respect to licence under licensing scheme);  
(c)paragraph 10, 11 or 12 (r eference or application with respect to licence by licensing body).  
(2) The provisions of Chapter VIII of Part I of the 1988 Act (general provisions relating to the Copyright Tribunal) 
apply in relation to the Tribunal when exercising any jurisdiction unde r this Part.  
(3) Provision shall be made by rules under section 150 of the 1988 Act prohibiting the Tribunal from entertaining 
a reference under paragraph 3, 4 or 5 of Schedule 2 (reference of licensing scheme) by a representative 
organisation unless the T ribunal is satisfied that the organisation is reasonably representative of the class of 
persons which it claims to represent.  
PART IVSAVINGS AND TRANSITIONAL PROVISIONS  
Introductory  
26.—(1) In this Part “commencement” means the commencement of these Regula tions.  
(2) Expressions used in this Part which are defined for the purposes of Part I of the 1988 Act have the same 
meaning as in that Part.  
General rule  
27.  Subject to Regulations 28 and 29, these Regulations apply to databases made before or after 
commencement.  
General savings  
28.—(1) Nothing in these Regulations affects any agreement made before commencement.  
(2) No act done — 
(a)before commencement, or  
(b)after commencement, in pursuance of an agreement made before commencement,  
shall be regarded as an infringement of database right in a database.  
Saving for copyright in certain existing databases  
29.—(1) Where a database — 
(a)was created on or before 27th March 1996, and  
(b)is a copyright work immediately before commencement,  
copyright sha ll continue to subsist in the database for the remainder of its copyright term.  
(2) In this Regulation “copyright term” means the period of the duration of copyright under section 12 of the 1988 
Act (duration of copyright in literary, dramatic, musical or artistic works).  
Database right: term applicable to certain existing databases  
30.  Where — (a)the making of a database was completed on or after 1st January 1983, and  
(b)on commencement, database right begins to subsist in the database,  
database right shal l subsist in the database for the period of fifteen years beginning with 1st January 1998.  
Ian McCartney,  
Minister of State,  
Department of Trade and Industry  
18th December 1997  
Regulation 20(2).  
SCHEDULE 1 EXCEPTIONS TO DATABASE RIGHT FOR PUBLIC ADMINISTRATION  
Parliamentary and judicial proceedings  
1.  Database right in a database is not infringed by anything done for the purposes of parliamentary or judicial 
proceedings or for the purposes of reporting such proceedings.  
Royal Commissions and statutory inquiries  
2.—(1) Database right in a database is not infringed by anything done for — 
(a)the purposes of the proceedings of a Royal Commission or statutory inquiry, or  
(b)the purpose of reporting any such proceedings held in public . 
(2) Database right in a database is not infringed by the issue to the public of copies of the report of a Royal 
Commission or statutory inquiry containing the contents of the database.  
(3) In this paragraph “Royal Commission” and “statutory inquiry” have  the same meaning as in section 46 of the 
1988 Act.  
Material open to public inspection or on official register  
3.—(1) Where the contents of a database are open to public inspection pursuant to a statutory requirement, or 
are on a statutory register, databa se right in the database is not infringed by the extraction of all or a substantial 
part of the contents containing factual information of any description, by or with the authority of the appropriate 
person, for a purpose which does not involve re -utilisat ion of all or a substantial part of the contents.  
(2) Where the contents of a database are open to public inspection pursuant to a statutory requirement, 
database right in the database is not infringed by the extraction or re -utilisation of all or a substa ntial part of the 
contents, by or with the authority of the appropriate person, for the purpose of enabling the contents to be inspected 
at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the 
requirement is imposed.  
(3) Where the contents of a database which is open to public inspection pursuant to a statutory requirement, or 
which is on a statutory register, contain information about matters of general scientific, technical, commercial or 
economi c interest, database right in the database is not infringed by the extraction or re -utilisation of all or a substantial part of the contents, by or with the authority of the appropriate person, for the purpose of disseminating 
that information.  
(4) In this paragraph — 
“appropriate person” means the person required to make the contents of the database open to public inspection 
or, as the case may be, the person maintaining the register;  
“statutory register” means a register maintained in pursuance of a statutory requirement; and  
“statutory requirement” means a requirement imposed by provision made by or under an enactment.  
Material communicated to the Crown in the course of public business  
4.—(1) This paragraph applies where the contents of a databa se have in the course of public business been 
communicated to the Crown for any purpose, by or with the licence of the owner of the database right and a 
document or other material thing recording or embodying the contents of the database is owned by or in the custody 
or control of the Crown.  
(2) The Crown may, for the purpose for which the contents of the database were communicated to it, or any 
related purpose which could reasonably have been anticipated by the owner of the database right in the database, 
extract or re -utilise all or a substantial part of the contents without infringing database right in the database.  
(3) The Crown may not re -utilise the contents of a database by virtue of this paragraph if the contents have 
previously been published otherw ise than by virtue of this paragraph.  
(4) In sub -paragraph (1) “public business” includes any activity carried on by the Crown.  
(5) This paragraph has effect subject to any agreement to the contrary between the Crown and the owner of the 
database right in the database.  
Public records  
5.  The contents of a database which are comprised in public records within the meaning of the Public Records 
Act 1958( 8), the Public Records (Scotland) Act 1937( 9) or the Pub lic Records Act (Northern Ireland) 1923( 10) 
which are open to public inspection in pursuance of that Act, may be re -utilised by or with the authority of a ny officer 
appointed under that Act, without infringement of database right in the database.  
Acts done under statutory authority  
6.—(1) Where the doing of a particular act is specifically authorised by an Act of Parliament, whenever passed, 
then, unless th e Act provides otherwise, the doing of that act does not infringe database right in a database.  
(2) Sub-paragraph (1) applies in relation to an enactment contained in Northern Ireland legislation as it applies 
in relation to an Act of Parliament.  
(3) Nothi ng in this paragraph shall be construed as excluding any defence of statutory authority otherwise 
available under or by virtue of any enactment.  Regulation 24.  
SCHEDULE 2 LICENSING OF DATABASE RIGHT  
Licensing scheme and licensing bodies  
1.—(1) In this Schedule a “licensing scheme” means a scheme setting out — 
(a)the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to 
grant database right licences, and  
(b)the terms on which licences would be granted in  those classes of case;  
and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or 
as a tariff or by any other name.  
(2) In this Schedule a “licensing body” means a society or other organisation which has as its main object, or 
one of its main objects, the negotiating or granting, whether as owner or prospective owner of a database right or 
as agent for him, of database right licences, and whose objects include the granting of licences covering the 
database s of more than one maker.  
(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.  
2.  Paragraphs 3 to 8 apply to licensing schemes which are opera ted by licensing bodies and cover databases 
of more than one maker so far as they relate to licences for extracting or re -utilising all or a substantial part of the 
contents of a database; and references in those paragraphs to a licensing scheme shall be c onstrued accordingly.  
Reference of proposed licensing scheme to tribunal  
3.—(1) The terms of a licensing scheme proposed to be operated by a licensing body may be referred to the 
Copyright Tribunal by an organisation claiming to be representative of person s claiming that they require licences 
in cases of a description to which the scheme would apply, either generally or in relation to any description of case.  
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on  the ground 
that the reference is premature.  
(3) If the Tribunal decides to entertain the reference it shall consider the matter referred and make such order, 
either confirming or varying the proposed scheme, either generally or 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.  
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.  
Reference of licensi ng scheme to tribunal  
4.—(1) If while a licensing scheme is in operation a dispute arises between the operator of the scheme and — 
(a)a person claiming that he requires a licence in a case of a description to which the scheme applies, or  
(b)an organisation claiming to be representative of such persons,  that person or organisation may refer the scheme to the Copyright Tribunal in so far as it relates to cases of that 
description.  
(2) A scheme which has been referred to the Tribunal under this par agraph shall remain in operation until 
proceedings on the reference are concluded.  
(3) The Tribunal shall consider the matter in dispute and make such order, either confirming or 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.  
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.  
Further reference of scheme to tribunal  
5.—(1) Where t he Copyright Tribunal has on a previous reference of a licensing scheme under paragraph 3 or 
4, or under this paragraph, made an order with respect to the scheme, then, while the order remains in force — 
(a)the operator of the scheme,  
(b)a person claiming t hat he requires a licence in a case of the description to which the order applies, or  
(c)an organisation claiming to be representative of such persons,  
may refer the scheme again to the Tribunal so far as it relates to cases of that description.  
(2) A lice nsing scheme shall not, except with the special leave of the Tribunal, be referred again to the Tribunal 
in respect of the same description of cases — 
(a)within twelve months from the date of the order on the previous reference, or  
(b)if the order was made so as to be in force for 15 months or less, until the last three months before the expiry of 
the order.  
(3) A scheme which has been referred to the Tribunal under this section shall remain in operation until 
proceedings on the reference are concluded.  
(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.  
(5) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.  
Application for grant of licence in connection with licensing scheme  
6.—(1) A person who claims, in a case covered by a licensing scheme, that the operator of the scheme has 
refused to grant him or procure the grant to him of a licence in accordance with the scheme, or has failed to do so 
within a reasonable time after being asked, may apply to the Copyright Tribunal.  
(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme either — (a)has refused to grant him a licence or procure the grant to him of a licence, or has failed to do so within a 
reasonable time of being asked, and  that in the circumstances it is unreasonable that a licence should not be 
granted, or  
(b)proposes terms for a licence which are unreasonable,  
may apply to the Copyright Tribunal.  
(3) A case shall be regarded as excluded from a licensing scheme for the pur poses of sub -paragraph (2) if — 
(a)the scheme provides for the grant of licences subject to terms excepting matters from the licence and the case 
falls within such an exception, or  
(b)the case is so similar to those in which licences are granted under the s cheme that it is unreasonable that it 
should not be dealt with in the same way.  
(4) If the Tribunal is satisfied that the claim is well -founded, it shall make an order declaring that, in respect of 
the matters specified in the order, the applicant is entit led to a licence on such terms as the Tribunal may determine 
to be applicable in accordance with the scheme or, as the case may be, to be reasonable in the circumstances.  
(5) The order may be made so as to be in force indefinitely or for such period as the  Tribunal may determine.  
Application for review of order as to entitlement to licence  
7.—(1) Where the Copyright Tribunal has made an order under paragraph 6 that a person is entitled to a licence 
under a licensing scheme, the operator of the scheme or the  original applicant may apply to the Tribunal to review 
its order.  
(2) An application shall not be made, except with the special leave of the Tribunal — 
(a)within twelve months from the date of the order, or of the decision on a previous application under t his section, 
or 
(b)if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous 
application under this section is due to expire within 15 months of that decision, until the last three months before 
the expi ry date.  
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be 
reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, 
the circumstances of  the case.  
Effect of order of tribunal as to licensing scheme  
8.—(1) A licensing scheme which has been confirmed or varied by the Copyright Tribunal — 
(a)under paragraph 3 (reference of terms of proposed scheme), or  
(b)under paragraph 4 or 5 (reference of e xisting scheme to Tribunal),  shall be in force or, as the case may be, remain in operation, so far as it relates to the description of case in respect 
of which the order was made, so long as the order remains in force.  
(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  
(b)complies with the other terms applicable to such a licence under the scheme,  
shall be in the same position as regards infringement of database right as if he had at all material times been th e 
holder of a licence granted by the owner of the database right in question in accordance with the scheme.  
(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 mad e, but not earlier than the date on which the reference was made or, if later, on 
which the scheme came into operation.  
• If such a direction is made — 
(a) 
any necessary repayments, or further payments, shall be made in respect of charges already paid, and  
(b) 
the reference in sub -paragraph (2)(a) to the charges payable under the scheme shall be construed as a reference 
to the charges so payable by virtue of the order.  
• No such direction may be made where sub -paragraph (4) below applies.  
(4) Where the Tribunal has made an order under paragraph 6 (order as to entitlement to licence under licensing 
scheme) and the order remains in force, the person in whose favour the order is made shall if he — 
(a)pays to the operator of the scheme any charges payable in accordanc e with the order or, if the amount cannot 
be ascertained, gives an undertaking to pay the charges when ascertained, and  
(b)complies with the other terms specified in the order,  
be in the same position as regards infringement of database right as if he had at all material times been the holder 
of a licence granted by the owner of the database right in question on the terms specified in the order.  
References and applications with respect to licences by licensing bodies  
9.  Paragraphs 10 to 13 (references and applications with respect to licensing by licensing bodies) apply to 
licences relating to database right which cover databases of more than one maker granted by a licensing body 
otherwise than in pursuance of a licensing scheme, so far as t he licences authorise extracting or re -utilising all or 
a substantial part of the contents of a database; and references in those paragraphs to a licence shall be construed 
accordingly.  Reference to tribunal of proposed licence  
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.  
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground 
that the reference is prematur e. 
(3) If the Tribunal decides to entertain the reference it shall consider the terms of the proposed licence and make 
such order, either confirming or varying the terms, as it may determine to be reasonable in the circumstances.  
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.  
Reference to tribunal of expiring licence  
11.—(1) A licensee under a licence which is due to expire, by effluxion of time or as a result of notice given by 
the licensing bo dy, may apply to the Copyright Tribunal on the ground that it is unreasonable in the circumstances 
that the licence should cease to be in force.  
(2) Such an application may not be made until the last three months before the licence is due to expire.  
(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.  
(4) If the Tribunal finds the application well -founded, it shall make an order declaring that the licensee sha ll 
continue to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable 
in the circumstances.  
(5) An order of the Tribunal under this section may be made so as to be in force indefinitely or for such period 
as the Tribunal may determine.  
Application for review of order as to licence  
12.—(1) Where the Copyright Tribunal has made an order under paragraph 10 or 11, the licensing body or the 
person entitled to the benefit of the order may apply to the Tribunal to re view its order.  
(2) An application shall not be made, except with the special leave of the Tribunal — 
(a)within twelve months from the date of the order or of the decision on a previous application under this 
paragraph, or  
(b)if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous 
application under this section is due to expire within 15 months of that decision, until the last three months before 
the expiry date.  
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be 
reasonable in the circumstances.  
Effect of order of tribunal as to licence  13.—(1) Where the Copyright Tribunal has made an order under paragraph 10 or 11 and the order remains in 
force, the person entitled to the benefit of the order shall if he — 
(a)pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be 
ascertained, gives an undertaking to pay the charges when ascertained, and  
(b)complies with the other terms specified in the order,  
be in the same position as regards infringement of database right as if he had at all material times been the holder 
of a licence granted by the owner of the database right in question on the terms specified in the order.  
(2) The benefit of the order may be assigned — 
(a)in the case of an order under paragraph 10, if assignment is not prohibited under the terms of the Tribunal’s 
order; and  
(b)in the case of an order under paragraph 11, if assign ment was not prohibited under the terms of the original 
licence.  
(3) The Tribunal may direct that an order under paragraph 10 or 11, or an order under paragraph 12 varying 
such an 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 or application was made or, if later, on which the licence 
was granted or, as the case may be, was due to expire.  
• If such a direction is made — 
(a) 
any necessary repa yments, or further payments, shall be made in respect of charges already paid, and  
(b) 
the reference in sub -paragraph (1)(a) to the charges payable in accordance with the order shall be construed, 
where the order is varied by a later order, as a reference to the charges so payable by virtue of the later order.  
General considerations: unreasonable discrimination  
14.  In determining what is reasonable on a reference or application under this Schedule relating to a licensing 
scheme or licence, the Copyright Tr ibunal shall have regard to — 
(a)the availability of other schemes, or the granting of other licences, to other persons in similar circumstances, 
and 
(b)the terms of those schemes or licences,  
and shall exercise its powers so as to secure that there is no unreasonable discrimination between licensees, or 
prospective licensees, under the scheme or licence to which the reference or application relates and licensees 
under other schemes operated by, or other licences granted by, the same person.  Powers exercisa ble in consequence of competition report  
15.—(1) Where the matters specified in a report of the Monopolies and Mergers Commission as being those 
which in the Commission’s opinion operate, may be expected to operate or have operated against the public 
inter est include — 
(a)conditions in licences granted by the owner of database right in a database restricting the use of the database 
by the licensee or the right of the owner of the database right to grant other licences, or  
(b)a refusal of an owner of database  right to grant licences on reasonable terms,  
the powers conferred by Part I of Schedule 8 to the Fair Trading Act 1973( 11) (powers exercisable for purpos e of 
remedying or preventing adverse effects specified in report of Commission) include power to cancel or modify those 
conditions and, instead or in addition, to provide that licences in respect of the database right shall be available as 
of right.  
(2) The references in sections 56(2) and 73(2) of that Act, and sections 10(2)(b) and 12(5) of the Competition 
Act 1980( 12), to the powers specified in that Par t of that Schedule shall be construed accordingly.  
(3) The terms of a licence available by virtue of this paragraph shall, in default of agreement, be settled by the 
Copyright Tribunal on an application by the person requiring the licence; and terms so set tled shall authorise the 
licensee to do everything in respect of which a licence is so available.  
(4) Where the terms of a licence are settled by the Tribunal, the licence has effect from the date on which the 
application to the Tribunal was made.  
EXPLANATORY NOTE  
(This note is not part of the Regulations)  
These Regulations implement the provisions of Council Directive No.  96/9/EC  of 11 March 1 996 (O.J. No. L77, 
27.3.96, page 20) on the legal protection of databases (“the Directive”). The Regulations come into force on 1st 
January 1998.  
The Directive harmonises the laws of member states relating to the protection of copyright in databases and also 
introduces a new  sui generis  right to prevent extraction and re -utilisation of the contents of a database (“database 
right”).  
The Copyright, Designs and Patents Act 1988 (“the Act”) makes no specific provision for databases. The Act 
currently makes provision for protection of copyright in compilations. A database may fall to be considered as a 
type of compilation. The Directive requires that a database be defined and that copyright protection should only be 
accorded to a database which by  virtue of the selection or arrangement of the contents constitutes the author’s 
own intellectual creation.  
In relation to copyright in databases, Part II of the Regulations (Regulations 5 —11) amend and modify Part I of the 
Act in order to properly align i ts provisions with those of the Directive for those matters where the Act makes no 
specific provision or makes different provision. In particular, the Regulations — (a)modify the definition of literary work in section 3 by including database, as defined in the Directive (regulations 
5 and 6);  
(b)introduce new section 3A defining the meaning of “original” in relation to databases so that a database is only 
accorded copyright protection where the conditions of that section are satisfied (regulation 6);  
(c)make provision for adaptation and translation in relation to a database at section 21 (regulation 7);  
(d)amend section 29 so as to remove research for a commercial purpose from the general application of the fair 
dealing provision in relation to a datab ase (regulation 8);  
(e)introduce new section 50D containing specific exceptions to the exclusive rights of the copyright owner which 
permit any person having a right to use a database to do any acts that are necessary for access to and use of the 
contents of the database without infringing copyright (regulation 9);  
(f)introduce new section 296B which renders void any term in an agreement which seeks to prohibit or restrict the 
doing of any act permitted under section 50D (regulation 10).  
In relation to data base right, the Directive provides a right for the maker of a database in which there has been a 
substantial investment in the obtaining, verification or presentation of the contents of the database to prevent 
extraction and/or re -utilisation of the whole or a substantial part of the contents of the database. Database right is 
to apply irrespective of the eligibility of the database for protection by copyright and without prejudice to rights 
existing in the contents of the database.  
Part III of the Regulati ons (Regulations 12 —25) provide for database right and in particular — 
(a)make provision for the interpretation of certain terms, in particular database, extraction, insubstantial, 
investment, jointly, lawful user, maker, re -utilisation and substantial; and  exclude public lending from database 
right (regulation 12);  
(b)create a new property right, “database right” for a database in respect of which there has been a substantial 
investment (regulation 13);  
(c)provide that the maker of a database is the person who takes the initiative and risk of investing in obtaining, 
verifying or presenting the contents and that the maker is the first owner of database right (regulations 14 and 
15); 
(d)provide for the acts infringing database right (regulation 16);  
(e)provide  that the duration of the term of protection of database right is to be 15 years from the end of the 
calendar year in which the making of the database was completed and that substantial changes give rise to a 
further term of protection (regulation 17);  
(f)provide that database right does not subsist in a database unless when the database was made, or if the 
making extended over a period, a substantial part of that period, its maker or one of its makers meets the 
qualifying conditions for database right to s ubsist (regulation 18);  (g)provide that lawful users are entitled to extract or re -utilise insubstantial parts of a database and render void 
any term or condition in an agreement which seeks to prohibit or restrict such extraction or re -utilisation 
(regula tions 19 and 20);  
(h)provide specific exceptions to database right for a lawful user and other acts which may be done in relation to 
a database (regulation 20 and Schedule 1);  
(i)provide for acts permitted on assumption as to expiry of database right and c ertain presumptions relevant to 
database right (regulations 21 and 22);  
(j)apply in relation to database right certain provisions of Part I of the Act as they apply to copyright in particular 
dealing with the rights in copyright works, rights and remedies of rights owners and exclusive licensees 
(regulation 23);  
(k)provide for licensing of database right and extension of the jurisdiction of the Copyright Tribunal to hear and 
determine proceedings relating to the licensing of database right (regulations 24 a nd 25 and Schedule 2).  
These Regulations apply to databases made before and after the 1st January 1998. However, there is a general 
saving in relation to agreements made before commencement; in particular acts done in pursuance of such 
agreements whether b efore or after commencement are not regarded as infringing database right (regulations 27 
and 28). In relation to a database which was created on or before 27th March 1996 (the date of publication of the 
Directive) and which is a copyright work immediately  before commencement, copyright will continue to subsist in 
such a database for the remainder of the term of copyright (regulation 29). In relation to a database which was 
completed on or after 1st January 1983 in which database right subsists at 1 January  1998, such a database 
qualifies for a term of protection of 15 years from 1st January 1998 (regulation 30).  
A Compliance Cost Assessment is available, copies of which have been placed in the libraries of both Houses of 
Parliament. Copies of the assessment  are available to the public from the Copyright Directorate of The Patent 
Office, 25 Southampton Buildings, London WC2A 1AY.  
(1) 
1972 c. 68 ; by virtue of the amendment of section 1(2) of that Act by section 1 of the European Economic Area 
Act 1993 (c. 51)  regulations may be made under section 2(2) to implement obligations of the United Kingdom 
arising under the EEA Agreement.  
(2) 
S.I. 1993/595 . 
(3) 
S.I. 1996/3155 . 
(4) 
O.J. No. L77, 27.3.96 p.20.  
(5) 
Cm 2073.  
(6) 
Cm 2183.  (7) 
1988 c. 48 . 
(8) 
1958 c. 51 . 
(9) 
1937 c. 43 . 
(10) 
1923 c. 20 (N.I.) . 
(11) 
1973 c. 41 . 
(12) 
1980 c. 21 . 
• P