UK Database Law

UK Database Law INTRODUCTION

A database is a collection of information stored in a computer in a systematic way, such that a computer program can consult it to answer questions. The software used to manage and query a database is known as a database management system (DBMS). For the purposes of English law, s.3A Copyright, Designs and Patents Act 1988 defines a database as a collection of independent works, data or other materials which are: arranged in a systematic or methodical way, and individually accessible by electronic or other means As such, under English law, a database includes data held electronically and, notably, data held in a non-electronic format, e.g. paper records.

The law in England and Wales recognises the existence of two separate legal rights in databases: Copyright Database right Copyright is available to certain, but not all, databases. The key criterion for determining the availability of copyright to a database is whether the database qualifies as a "literary work". Database right is available to all databases.