Database law

The database law is standardized as ancillary copyright in the copyright law.

Definition of „Data Base“ from a copyright point of view

For the purposes of this Law, a database is a collection of works, data or other independent elements that are systematically or methodically arranged; those elements are individually accessible by electronic means, and whose acquisition, review or presentation requires a substantial investment of any kind or size. A database substantially modified in its content by type or scope shall be considered to be a new database, provided that the change requires a substantial investment of both type and size.

Database Manufacturer – The performance rights owner („Leistungsschutzrechtsinhaber“)

The database manufacturer or producer is the one who made the investment.

Rights of the database manufacturer

The database manufacturer has the exclusive right to distribute and publicly reproduce the entire database or any part of the database with its material or substantial elements.

Distribution or public reproduction of even a part of the database is equivalent to a repetition or systematic duplication of the elements.

Reproduction of any part of a database is permitted

  1. for private use; this does not apply to a database whose elements are individually accessible by electronic means,
  2. for private research purposes, if and as far as the duplication for this purpose is required and the research use does not take place for commercial purpose,
  3. for the sole purpose of illustration for teaching, as long as no commercial purpose take place.

As far as concerned the cases number 2 and 3, the source must be clearly indicated.

Distribution and public reproduction of any type or scope is permitted for use in proceedings before court, arbitration or public authority and for public security purposes.

Duration of the database rights

The rights of the database manufacturer expire fifteen years after the publication of the database, but also fifteen years after the production, if the database has not been published within that period.