This page (revision-16) was last changed on 26-Sep-2017 11:08 by Martin Newman

This page was created on 13-Sep-2012 17:15 by Alison Bennett

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Page References

Incoming links Outgoing links
SectionF.4
SectionF.4

Version management

Difference between version and

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!!F.4.4 Copyright, database right and licensing
!!F.4.4 Copyright, database rights and licensing
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!Database right
!Database rights
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Database right applies to databases that may not be covered by normal copyright but which may nonetheless be commercially valuable. It lasts for 15 years from the creation of the database. Database right can be extended if an altogether new database is created, albeit based on the first, following substantial new investment. The main point is to protect database owners from systematic extraction of parts of the database for purposes that conflict with the usual use of the database, even if they don't infringe normal copyright.
Database rights are a distinct form of copyright and apply to information held in databases that may not be covered by normal copyright. These rights are set out in the Copyright and Rights in Databases Regulations 1997 (http://www.legislation.gov.uk/uksi/1997/3032/contents/made), they subsist alongside copyright and do not override the rights of the individual copyright owners. Individual pieces of information from sources consulted by the HER during its compilation or enhancement may have their own copyright associated with them. If third parties own copyright in some of the entries then the database rights owner cannot authorise the reproduction of the part of the database containing those entries without their permission (and may be required to acknowledge their copyright). Such permission may have been obtained when the data was entered, or may have to be requested at the time of proposed reproduction of that part of the database. However, the HER will be something wholly different from the sum or its constituent pieces of information. As a whole the HER would be by “reason of the selection or arrangement of the contents of the database the database constitute the author's own intellectual creation”. The author is the person who “takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation". So here the author of the database would be the local authority responsible for the HER with the HER staff providing the intellectual input by selecting information, deciding which records to add it to, comment on, index etc. This would represent a substantial investment in obtaining, verifying or presenting the contents of the database.
Database rights exist from the moment the database is created and then lasts for 15 years from its completion, or if it was published during that period 15 years from the end of the year of in which it was first made available to the public. If there is a substantial change to the contents of the database then the 15 year protection period recommences.
It can be argued that compilation of an HER is never complete. It is easier to make the case that a database has been substantially altered if the figures for the number of newly added and amended records over the year has been kept for each month in order to prove substantial change had taken place over the preceding calendar year and thus another 15 year term of database rights has commenced. In this way the constant updating of a database (such as an HER) renders the database right renewed on a regular basis.
A useful article summarising Database Rights has been published by Out-Law (http://www.out-law.com/page-5698).
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HER managers should be aware of copyright restrictions when incorporating materials into HER records. Copying sections of archaeological reports or journals into HER records without permission not only risks copyright infringement, but would also prevent the HER passing on the records to third parties. Citing the author is no substitute for obtaining proper copyright permission, nor should copyright be assumed to have lapsed if the publisher is no longer in business. The Book Trust provides a useful guide for tracking down copyright holders. ([http://www.booktrust.org.uk/about/faqs.php])
HER managers should be aware of copyright restrictions when incorporating materials into HER records. Copying sections of archaeological reports or journals into HER records without permission not only risks copyright infringement, but would also prevent the HER passing on the records to third parties. Citing the author is no substitute for obtaining proper copyright permission, nor should copyright be assumed to have lapsed if the publisher is no longer in business. An individual quote from a work in copyright should be up to a maximum of 50 words long and multiple quotes from the same source must not total more than 300 words. Referencing is important and all quotes must be properly cited. The quote must also be material which is in the public domain and extend no further than that required to fulfil the purpose of the HER record. The Book Trust provides a useful guide for tracking down copyright holders. ([http://www.booktrust.org.uk/about/faqs.php])
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__''HER databases and database right''__\\
__''HER databases and database rights''__\\
This page (revision-16) was last changed on 26-Sep-2017 11:08 by Martin NewmanTop