Copyright and Related Rights Act, 2000

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PART V

Databases

Chapter 1

Rights in Databases

Interpretation.

320.—(1) In this Part—

“extraction”, in relation to the contents of a database, means the permanent or temporary transfer of all or a substantial part of the contents to another medium by any means or in any form;

“insubstantial”, in relation to the contents of a database, shall be construed subject to section 324 (3);

“investment” includes any investment, whether of financial, human or technical resources and cognate words shall be construed accordingly;

“jointly”, in relation to the making of a database which is made jointly, shall be construed as referring to all the makers of the database;

“lawful user”, in relation to a database, means any person who, whether under a licence to undertake any of the acts restricted by any database right in the database, or otherwise, has a right to use the database;

“re-utilisation”, in relation to the contents of a database, means making those contents available to the public by any means;

“substantial”, in relation to the investment, extraction or re-utilisation, means substantial in terms of quantity or quality or a combination of both.

(2) The making of a copy of a database available for use, on terms that it is to be or may be returned after a limited period of time, otherwise than for direct or indirect economic or commercial advantage, through an establishment to which the public have access that is prescribed by the Minister for the purpose of section 58 , shall not be taken for the purposes of this Part to constitute extraction or re-utilisation of the contents of the database.

(3) Where the making of a copy of a database available through an establishment to which members of the public have access and that is prescribed by the Minister for the purpose of section 58 gives rise to a payment the amount of which does not exceed that which is necessary to cover the operating costs of the establishment there is no direct or indirect economic or commercial advantage for the purposes of subsection (2).

(4) Subsection (2) shall not apply to the making of a copy of a database available for on the spot reference use.

(5) Where a copy of a database has been sold within the Member States of the EEA by, or with the consent of, the owner of the database right in the database, the further sale within the Member States of the EEA of that copy for the purposes of this Part shall not be taken to constitute extraction or re-utilisation of the contents of the database.