First Previous (Chapter 7 Rights and Obligations of Lawful Users) Next (Chapter 9 Application of Copyright Provisions to Database Right)

28 2000

COPYRIGHT AND RELATED RIGHTS ACT, 2000

Chapter 8

Acts Permitted in Respect of Database Right

Exemptions in respect of databases.

328. —In this Part an act may be exempted under more than one category of exemption and the exemption of an act under one category of exemption shall not preclude its exemption under another category.

Fair dealing: research or private study.

329. —(1) The database right in a non-electronic database which has been re-utilised is not infringed by fair dealing with a substantial part of its contents by a lawful user of the database where that part is extracted for the purposes of research or private study.

(2) For the purposes of this Part “fair dealing” means the extraction of the contents of a database by a lawful user to an extent which will not unreasonably prejudice the interests of the rightsowner.

Education

Exception for educational establishments.

330. —(1) The database right in a database is not infringed by fair dealing with a substantial part of its contents by a lawful user of the database where that part is extracted for the purposes of illustration in the course of instruction or of preparation for instruction and where—

(a) the extraction is done by or on behalf of a person giving or receiving instruction, and

(b) the source is indicated.

(2) For the purposes of this section “lawful user” includes an educational establishment.

Public Administration

Parliamentary or judicial proceedings.

331. —The database right in a database is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting those proceedings.

Statutory inquiries.

332. —(1) The database right in a database is not infringed by anything done for the purposes of a statutory inquiry or for the purpose of reporting any such inquiry.

(2) The database right in a database is not infringed by the making available of copies of a report of a statutory inquiry containing the contents of the database.

Copying of material in public records.

333. —All or a substantial part of the contents of a database which are comprised in records which are open to public inspection may be extracted or re-utilised without infringing the database right in the database.

Material open to public inspection or on statutory register.

334. —(1) Without prejudice to the generality of section 333 , where the contents of a database are open to public inspection pursuant to a statutory requirement, or are on a statutory register, the database right in the database is not infringed by the extraction of all or a substantial part of the contents, for a purpose which does not involve re-utilisation of all or a substantial part of the contents as contains factual information of any description, by or with the authority of the person required to make the contents of the database open to public inspection or, as the case may be, the person maintaining the register.

(2) Where the contents of a database are open to public inspection pursuant to a statutory requirement, or are on a statutory register, the database right in the database is not infringed by the extraction or re-utilisation of all or a substantial part of the contents for the purpose of enabling the contents of the database to be inspected at another time or place, or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed, by or with the authority of the person required to make the contents of the database open to public inspection or, as the case may be, the person maintaining the register.

(3) Where all or a substantial part of the contents of a database are re-utilised under this section the person granting access to the contents of the database shall ensure that those contents bear a mark clearly indicating that they are provided for the purpose of inspection and that no other use of the contents of the database may be made without the licence of the owner of the database right.

(4) All or a substantial part of the contents of a database may not be provided under this section unless the person granting access to the contents of the database has first obtained from the person requesting the contents of the database a declaration, in such form as may be prescribed, indicating that the contents of the database are required for the sole purpose of enabling the contents of the database to be inspected at another time or place or to otherwise facilitate the exercise of the right of public inspection.

(5) Where the contents of a database which are open to public inspection pursuant to a statutory requirement, or are on a statutory register, contain information about matters of general, scientific, technical, commercial or economic interest, the database right in the database is not infringed by the extraction or re-utilisation of all or a substantial part of the contents for the purpose of disseminating that information, by or with the authority of the person required to make the contents of the database open to public inspection or, as the case may be, the person maintaining the register.

(6) The Minister may prescribe the conditions which are to be complied with before the contents of a database are made available to the public.

(7) The Minister may by order provide that subsections (1) to (5) apply—

(a) to the contents of a database made open to public inspection by—

(i) an international organisation specified in the order, or

(ii) a person specified in the order who has functions in the State under an international agreement to which the State is a party,

or

(b) to a register maintained by an international organisation specified in the order,

as they apply in relation to the contents of a database open to public inspection pursuant to a statutory requirement, or on a statutory register.

Databases communicated to Government or Oireachtas.

335. —(1) Where the contents of a database have been communicated to the Government or either or both of the Houses of the Oireachtas for any purpose, by or with the licence of the owner of the database right, and any fixation or any thing containing the contents of the database is owned by, or is in the custody, possession or control of the Government or either or both of the Houses of the Oireachtas, the Government or either or both of the Houses of the Oireachtas may extract or re-utilise all or a substantial part of the contents, for the purpose for which the contents of the database were communicated to them, or for any related purpose which could reasonably have been anticipated by the owner of the database right, without infringing the database right in the database.

(2) The Government or either or both of the Houses of the Oireachtas shall not re-utilise all or a substantial part of the contents of a database or cause the contents to be extracted or re-utilised, by virtue of this section, where the contents have previously been lawfully re-utilised otherwise than under this section.

Acts done under statutory authority.

336. —(1) Where the undertaking of a particular act is specifically authorised by an enactment then, unless the enactment provides otherwise, the undertaking of that act shall not infringe the database right in a database.

(2) Nothing in this section shall be construed as excluding any defence available under any enactment.

Anonymous or Pseudonymous Database

Anonymous or pseudonymous databases: acts permitted.

337. —(1) The database right in a database is not infringed by the extraction or re-utilisation of all or a substantial part of the contents of the database when, or pursuant to arrangements made when—

(a) it is not possible by reasonable inquiry to ascertain the identity of the maker of the database, and

(b) it is reasonable to assume that the database right has expired.

(2) In the case of a database made jointly, the reference in subsection (1), to the possibility of ascertaining the identity of the maker of the database shall be construed as a reference to its being possible to ascertain the identity of any of its makers.