Publication details

Protection of Databases



Year of publication 2023
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Description This chapter discusses the protection of databases and the concept of "data ownership." The chapter covers two main forms of protection: copyright for original databases and sui generis protection for the investment in a database. Copyright protects databases with a degree of originality, but not routine arrangements. It includes economic and moral rights and lasts for the author's life plus 70 years. Sui generis protection safeguards the financial investment in a database. To qualify, a database must meet specific criteria, including having independent elements, systematic arrangement, and individual accessibility. Sui generis rights are transferable, inheritable, and last 15 years, extendable with new investments. The chapter also clarifies the role of the database producer and discusses "data ownership," concluding that data typically isn't owned in the traditional sense but is protected through contracts, competition regulations, or sui generis rights.

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