Legal Definitions - Directive on the Legal Protection of Databases

The Directive on the Legal Protection of Databases is a European Union law, established in 1996, designed to harmonize the legal protection for databases across its member states. It addresses two main types of databases: those containing original content and those that, while not original, represent a significant investment in their creation or arrangement.

• For databases where the selection or arrangement of content is original and creative, the Directive ensures they receive standard copyright protection. This is similar to how books or music are protected.
• For databases that compile existing, non-original information (like lists or factual data), but where there has been substantial investment in obtaining, verifying, or presenting the data, the Directive introduces a unique form of protection known as sui generis protection. This special right prevents others from extracting or reusing substantial parts of the database without permission, even if the individual pieces of data themselves are not copyrighted.

Here are some examples illustrating how this Directive applies:

• Example 1: Copyright Protection for an Original Database
  Imagine a university research team in Germany that compiles an online database of newly discovered archaeological artifacts from various European sites. This database includes original photographs taken by the team, detailed analytical reports written by their experts, and unique interactive 3D models of the artifacts developed in-house. Because the selection, arrangement, and especially the content (photographs, reports, 3D models) are original and creative works, this database would be protected by copyright under the Directive. This means other entities cannot copy or distribute substantial parts of this database without the university's permission, just as they couldn't copy a published academic journal.

• Example 2: Sui Generis Protection for a Non-Original Database
  Consider a company in France that develops an extensive online database listing every registered business in the European Union, including their official names, addresses, and industry classifications. While this information is publicly available and not individually original or copyrightable, the company has invested millions of euros and thousands of hours in collecting, verifying, organizing, and regularly updating this vast amount of data into an easily searchable and reliable format. Under the Directive, this database would qualify for sui generis protection. This special right would prevent a competitor from simply downloading the entire database and offering it as their own product, even though the individual facts within it are not copyrighted.

• Example 3: A Hybrid Scenario
  An online real estate platform operating across several EU countries creates a database of all properties for sale or rent. This database includes standard factual information like property addresses, number of bedrooms, and asking prices (which are not original). However, for each property, the platform also includes unique, professionally written descriptions highlighting specific features and high-quality, original virtual tours created by their contracted photographers. In this scenario, the factual listings themselves might not qualify for copyright, but the substantial investment in compiling, verifying, and maintaining this comprehensive collection could lead to sui generis protection. Additionally, the original property descriptions and virtual tours embedded within the database would be protected by copyright. The Directive ensures that both aspects of this database receive appropriate legal safeguarding.