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Copyright, Designs and Databases: The Database Directive

United Kingdom
14/04/1998
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1998 sees the implementation of Directive 96/9/EC (the Database Directive) in Austria, Denmark and Germany.


Databases are defined as any collection of works, data or other independent elements which are systematically arranged and can be accessed on an individual basis by electronic or other means. Database protection covers visual and acoustic databases and both digital and analogue data bases, but not the computer programs to run them.


The Database directive may give protection to databases even if copyright protection isn't available.


One point to note - the owner of any copyright and the owner of the rights in the database may not always be one and the same person.


Austria


The amendment to the Copyright Act in Austria to adopt the provisions of the Directive came into force on 1st January 1998.


Denmark


The Danish Copyright Act was amended by the Danish Parliament at the end of 1997 to implement the Database Directive. The new Act will also extend the powers of the COPY-DAN "School Copies Collecting Society" allowing it to collect remuneration for the digital copying of books in educational institutions. Publishers of books and newspapers and multimedia producers are strongly opposed to this extension.


Germany


The implementation of the directive was effected in Germany through Article 7 of the Information and Communication Services Act (Informations - und Kommunikationsdienste-Gesetz - IuKDG) of 22 July 1997 which incorporates new provisions for the protection of data bases into the Copyright Act (Urheberrechtsgesetz - UrhG) from January 1, 1998.

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