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Chapter 4
Restricted Acts: Databases
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Acts restricted by database right.
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324.—(1) Subject to the exceptions specified in Chapter 8 of this Part and to the provisions relating to licensing in Chapter 11 of this Part, the owner of the database right has the right to undertake or to authorise others to undertake all or any of the following acts in relation to all or a substantial part of the contents of a database—
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(a) extraction, or
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(b) re-utilisation,
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and those acts shall be known and in this Part referred to as “acts restricted by the database right”.
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(2) The database right is infringed by a person who, without the licence of the owner of the database right, undertakes, or authorises another to undertake, either of the acts restricted by the database right.
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(3) For the purposes of this Part, the repeated and systematic extraction or re-utilisation of insubstantial parts of the contents of a database which conflicts with the normal exploitation of the database or which prejudices the interests of the maker of the database shall be deemed to be extraction or re-utilisation of a substantial part of those contents.
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