United KingdomDatabase Right
Copyright and Rights in Databases Regulations 1997, SI 1997/3032, regs. 12, 13, 16 and 17
In force since .
A database right rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not extract or re-utilise all or a substantial part of the contents of a UK database protected by database right without the maker's consent.
- Repeated and systematic extraction or re-utilisation of only small, insubstantial parts of a database can itself amount to extracting a substantial part, so taking a protected database in small automated pieces over time does not avoid this right.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Regulation 16 defines infringement of database right as extracting or re-utilising all or a substantial part of a database without the owner's consent, and says repeated and systematic extraction of insubstantial parts may amount to a substantial part. Regulation 13 creates the right and regulation 12 holds the definitions. None of the cited regulations requires a log or record to be made, kept or produced. Regulation 13(3) makes the right subject to Regulation 18, which this row does not cite, and no territorial hook for the person extracting is stated in the cited regulations.
- Kind
- None
- As of
What this law does
Regulation 13 creates a sui generis property right, database right, in a database where there has been substantial investment, whether financial, human or technical, in obtaining, verifying or presenting its contents; the right does not depend on the database or its contents being a copyright work.
Regulation 16 provides that a person infringes database right if, without the rightholder's consent, they extract or re-utilise all or a substantial part of the database's contents, and that the repeated and systematic extraction or re-utilisation of insubstantial parts may itself amount to extracting a substantial part. Regulation 12 defines extraction as the permanent or temporary transfer of the contents to another medium by any means or in any form.
The same regulation defines re-utilisation as making the contents available to the public by any means.
Regulation 17 gives database right a term of fifteen years from the end of the calendar year in which the database was completed, or from when it was first made available to the public if earlier, and a substantial change to the database's contents, including one built up from successive additions, deletions or alterations, that amounts to a substantial new investment gives the resulting database its own new fifteen-year term.
How courts have read itPremium data
Our analysis of this law draws on 4 court rulings.
What each ruling held, what it means for an app, and whether it still stands are premium data, in the Plus, Pro and Enterprise plans.
When LexLint raises it
When your app profile says your app crawls the web, trains models or reuses other publishers' content.
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