(3)Subject to paragraph (4), where a database is made by Her Majesty or by an officer or servant of the Crown in the course of his duties, Her Majesty shall be regarded as the maker of the database. In 77m v Ordnance Survey the UK Court further considered "substantial investment". Preparing legal paperwork under federal and state laws is fast and straightforward with our platform. (3)The Tribunal may direct that the order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference was made or, if later, on which the scheme came into operation. BHB brought an action, alleging that William Hill's use of the information infringed BHB's database right. copyright and rights in databases regulations 1997 bbc bitesize His Honour Judge Cawson QC, sitting as a Judge of the High Court, observed that to establish the subsistence of database right in Slate, the question was whether there had been substantial investment in "obtaining", "verifying" or "presenting" the contents of the database such as to satisfy Regulation 13 of the Database Regulations. (ac)in relation to a database, means an arrangement or altered version of the database or a translation of it;. The latter evaluation was welcomed by many following the ever-increasing awareness of the types and uses of data that may underpin the digital economy in the future. copyright and rights in databases regulations 1997 bbc bitesizesigns he still loves his baby mama | under paragraph 4 or 5 (reference of existing scheme to Tribunal), pays to the operator of the scheme any charges payable under the scheme in respect of a licence covering the case in question or, if the amount cannot be ascertained, gives an undertaking to the operator to pay them when ascertained, and. As in BHB v William Hill, the CJEU ruled that only investment to seek out existing materials and collect them into a database will give rise to a database right. (5)Where a copy of a database has been sold within the EEA by, or with the consent of, the owner of the database right in the database, the further sale within the EEA of that copy shall not be taken for the purposes of this Part to constitute extraction or re-utilisation of the contents of the database. The regulatory requirements firms are subject to need to be reflected in services contracts. statutory requirement means a requirement imposed by provision made by or under an enactment. In particular, data controllers should bear in mind the requirements on them if they intend data to be processed on their behalf by third parties, for example in the context of commissioning a database. Database right is to apply irrespective of the eligibility of the database for protection by copyright and without prejudice to rights existing in the contents of the database.
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