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28 2000

COPYRIGHT AND RELATED RIGHTS ACT, 2000

Chapter 3

Maker and Ownership: Databases

Maker of database.

322. —(1) Subject to the provisions of this section, 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 shall be regarded as the maker of, and as having made, the database.

(2) Where a database is made by an employee in the course of employment, his or her employer shall be regarded as the maker of the database, subject to any agreement to the contrary.

(3) Subject to subsection (4), where a database is made by an officer or employee of the Government in the course of his or her duties, the Government shall be regarded as the maker of the database.

(4) Where a database is made by or under the direction or control of either or both of the Houses of the Oireachtas—

(a) the House by whom, or under whose direction or control, the database is made shall be regarded as the maker of the database, and

(b) where the database is made by or under the direction or control of both Houses, both Houses shall be regarded as the joint makers of the database.

(5) For the purposes of this Part, a database is made jointly where two or more persons acting together in collaboration take the initiative in obtaining, verifying or presenting the contents of the database and assume the risk of investing in that obtaining, verification or presentation.

(6) Where a database is made by an organisation prescribed by the Minister under section 196 (2), or by an officer or employee of such an organisation in the course of his or her duties, that organisation shall be regarded as the maker of the database.

(7) Where the database right is conferred on a person by an enactment that person shall be regarded as the maker of the database.

First ownership of database right.

323. —The maker of a database shall be the first owner of the database right in the database.