What happens if organise a database consisting of images of art works? Can you stop the database from being copied?
Creators of databases have two types of protection:
- copyright protection where the selection and arrangement of data involves some mental creativity;
- database protection where the database involves investment in obtaining and presenting the contents of the database (this lasts for 15 years only from the date of creation).
Your copyright is infringed if a substantial part of your skill and labour in creating the format of the data is copied. Your database right is infringed if a substantial part of the contents of your database has been extracted and used.
You will become the victim of copyright infringement if a substantial part of your skill and labour in creating the format of the data is copied. Your database right is infringed if a substantial part of the contents of your database has been extracted and used.
Practical Steps: These rights can be enforced like other intellectual property rights. It is advisable to state clearly on your database that you are the copyright owner and/or database owner to warn third parties off.
It is also worth remembering that there are other sorts of databases too – do you keep records of personal data pertaining to your clients? If so, then you should probably consider registering with the Information Commissioner’s Office (previously known as the Data Protection Register) as there is now a requirement for registration if holding personal data. The way you capture this data needs to be considered too – is the client aware of what records you are holding, how they are used and for how long? If this is something that applies to your company why not make a phone call now to one of our Intellectual Property Solicitors for free initial phone advice — as it is important to keep up to date with this field -or for more information about copyright generally, visit our specialised Copyright Lawyers website.