The Copyright and Rights in Databases (Amendment) Regulations 2003

• Citation: S.I. 2003/2501
• Sections: 10

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Copyright and Rights in Databases (Amendment) Regulations 2003.

(2) These Regulations shall come into force on 1st November 2003.

(3) These Regulations extend to the whole of the United Kingdom.

Section 2 Amendment of the Copyright and Rights in Databases Regulations 1997

The Copyright and Rights in Databases Regulations 1997 are amended as follows.

Section 3 Amendment of the Copyright and Rights in Databases Regulations 1997

In regulation 2 (implementation of Directive)—

(a) in paragraph (1)(a) omit “and”;

(b) in paragraph (1)(b) replace “.” with “, and”; and

(c) after paragraph (1)(b) insert—

(c) an Agreement in the form of an exchange of letters between the United Kingdom of Great Britain and Northern Ireland on behalf of the Isle of Man and the European Community extending to the Isle of Man the legal protection of databases as provided for in Chapter III of that Directive.

Section 4 Amendment of the Copyright and Rights in Databases Regulations 1997

In regulation 12 (interpretation), in paragraph (5), insert, after the word “ EEA ” in each place where it appears, “or the Isle of Man”.

Section 5 Amendment of the Copyright and Rights in Databases Regulations 1997

In regulation 18 (qualification for database right)—

(a) in paragraph (1)(b) omit “or”;

(b) in paragraph (1)(c) for “.” substitute “,”;

(c) after paragraph (1)(c) insert—

(d) an individual who was habitually resident within the Isle of Man,

(e) a body which was incorporated under the law of the Isle of Man and which, at that time, satisfied one of the conditions in paragraph (2A), or

(f) a partnership or other unincorporated body which was formed under the law of the Isle of Man and which, at that time, satisfied the condition in paragraph (2A)(a).

(d) after paragraph (2) insert—

(2A) The conditions mentioned in paragraphs (1)(e) and (f) are—

(a) that the body has its central administration or principal place of business within the Isle of Man, or

(b) that the body has its registered office within the Isle of Man and the body’s operations are linked on an ongoing basis with the economy of the Isle of Man.

Section 6 Amendment of the Copyright and Rights in Databases Regulations 1997

For regulation 26 (introductory) substitute—

Introductory

(26) Expressions used in this Part which are defined for the purposes of Part I of the 1988 Act have the same meaning as in that Part.

Section 7 Amendment of the Copyright and Rights in Databases Regulations 1997

In regulation 27 (general rule) substitute for “commencement”, “1st January 1998”.

Section 8 Amendment of the Copyright and Rights in Databases Regulations 1997

For regulation 28 (general savings) substitute—

General savings

(28)

(1) Nothing in these Regulations affects any agreement made before 1st January 1998.

(2) Nothing in these Regulations affects any agreement made after 31st December 1997 and before 1st November 2003 in so far as the effect would only arise as a result of the amendment of these Regulations by the Copyright and Rights in Databases (Amendment) Regulations 2003 .

(3) No act done in respect of any database, in which database right subsists by virtue of the maker of the database (or one or more of its makers) falling within one of the provisions contained in Regulations 14(4) and 18(1)(a), (b) and (c),—

(a) before 1st January 1998, or

(b) after 31st December 1997, in pursuance of an agreement made before 1st January 1998,

shall be regarded as an infringement of database right in the database.

(4) No act done in respect of any database, in which database right subsists by virtue of its maker (or one or more of its makers) falling within one of the provisions contained in Regulation 18(1)(d), (e) and (f),—

(a) before 1st November 2003, or

(b) after 31st October 2003, in pursuance of an agreement made before 1st November 2003,

shall be regarded as an infringement of database right in the database.

Section 9 Amendment of the Copyright and Rights in Databases Regulations 1997

In regulation 29 (saving for copyright in certain existing databases) substitute for “commencement”, “1st January 1998”.

Section 10 Amendment of the Copyright and Rights in Databases Regulations 1997

For regulation 30 (database right: term applicable to certain existing databases) substitute—

Database right: term applicable to certain existing databases

(30) Where—

(a) the making of any database is completed on or after 1st January 1983, and before 1st January 1998, and

(b) either—

(i) the database is a database in which database right subsists by virtue of the maker of the database (or one or more of its makers) falling within one of the provisions contained in Regulations 14(4) and 18(1)(a), (b) and (c) and database right begins to subsist in the database on 1st January 1998, or

(ii) the database is a database in which database right subsists by virtue of its maker (or one or more of its makers) falling within one of the provisions contained in Regulation 18(1)(d), (e) and (f) and database right begins to subsist in the database on 1st November 2003,

then database right shall subsist in the database for a period of fifteen years beginning with 1st January 1998.