Database Directive definition
Examples of Database Directive in a sentence
In section 3.4.1, we advocated adopting this exception in the Database Directive as well.
According to the British implementing legislation, doing anything which is necessary for the purposes of access to and use of the database contents is not an infringement of copyright.155 Merely use is mentioned here, instead of normal use.156 Moreover, this new provision in the CDPA describes a lawful user as the person enjoying a right to use it whether under a licence or other- wise,157 whereas the Database Directive does not define this term.
To remove this legal uncertainty, it has been proposed to do away with the distinction and to equally apply the regime of the Database Directive to data- bases, tables and compilations.
Algemeen bestuursrecht als instrument voor de effectieve uitvoering van EG-recht, Alpen aan den Rijn: Kluwer 2007, ISBN 978 90 13046 28 1 MI-125 A.C. Beunen, Protection for databases, The European Database Directive and its effects in the Netherlands, France and the United Kingdom, (diss.
An important reason to support a compulsory licensing provision in the Database Directive is that it allows precise conditions to be formulated as to when a licence should be issued.116 Such detailed conditions may better serve legal certainty than the general competition rule in art.
Given the uncertain outcome of the application of European competition law to the sui generis right, it could be argued that a compulsory licensing regime in the Database Directive would create more legal certainty.
Taken directly from Article 7 2.(b) of the Database Directive, with a substitution of "Data" for "contents of a database".
The first sentence is taken from the Database Directive, with "independent works, data or other materials" replaced by "Data", which is defined above to include these areas.
Deluxe, its Affiliates and their customers, suppliers or licensers shall own all right, title and interest in and to the Deluxe Data, and eFunds hereby releases, transfers and assigns to such respective owners of the Deluxe Data all of eFunds' right, title and interest (including without limitation all present and future copyrights or database rights under the European Copyright Directive or Database Directive or other similar legislation in any other jurisdictions), if any, in and to such Deluxe Data.
The Database Directive expressly prohibits contracting around the rights of lawful users to Extract and Re-utilise insubstantial parts of the Database in Article 8(1), which is in s.19 of the UK legislation.