Rights of producers of non-original databases
The protection of the rights of creators (producers) of databases depends on whether it is a database that is an original intellectual creation and protected by copyright (copyright database) or a non-original database that is protected by the right of a producer of databases as one of related rights.
A producer of a non-original database is a legal or natural person, which or who takes initiative on its or his behalf and the qualitatively and/or quantitatively substantial investment into the production of a non-original database.
The subject matter of protection of this kind of right is a non-original database.
A non-original database is a collection of independent works, data or other materials, arranged in a certain systematic or methodical way, the elements of which are individually available by electronic or other means, whereby either the obtaining, verification or presentation of the contents of such database requires a qualitatively and/or quantitatively substantial investment in terms of resources, time and efforts engaged and other investments.
The protection of a non-original database relates to:
- the whole contents of a non-original database,
- any qualitatively and/or quantitatively substantial part of the contents of a non-original database,
- qualitatively and/or quantitatively insubstantial parts of the contents of a non-original database, when these parts are used by extraction or reuse, repeatedly and systematically, which conflicts with a regular use of the non-original database or which unreasonably prejudices the legitimate interests of the producer of the non-original database.
Exclusive rights of a producer of a non-original database relate to:
- reproduction;
- distribution, including the rental thereof;
- communication to the public in any manner, including making available to the public;
- adaptation.
The right of a producer of a non-original database runs for 15 years as from the date of the completion of the making of the database. If within that period the non-original database is lawfully published, the right shall expire upon 15 years from the first such lawful publication.
However, any qualitatively or quantitatively substantial modification of the content of a non-original database, undertaken with substantial new investment, results in the presumption of the protection period of 15 years.
It is essential for the sui generis protection of a non-original database that the resources and efforts engaged in the creation of the database. Such database does not need to fulfil criteria necessary for copyright protection of original databases: original choice or distribution of the contents making an original intellectual creation.