Statutory Instrument 1997 No. 3032
The Copyright and Rights in Databases Regulations 1997 - continued

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SCHEDULE 1
Regulation 20(2).


EXCEPTIONS TO DATABASE RIGHT FOR PUBLIC ADMINISTRATION


Parliamentary and judicial proceedings

     1. Database right in a database is not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purposes of reporting such proceedings.

Royal Commissions and statutory inquiries

     2.  - (1) Database right in a database is not infringed by anything done for - 

    (a) the purposes of the proceedings of a Royal Commission or statutory inquiry, or

    (b) the purpose of reporting any such proceedings held in public.

    (2) Database right in a database is not infringed by the issue to the public of copies of the report of a Royal Commission or statutory inquiry containing the contents of the database.

    (3) In this paragraph "Royal Commission" and "statutory inquiry" have the same meaning as in section 46 of the 1988 Act.

Material open to public inspection or on official register

     3.  - (1) Where the contents of a database are open to public inspection pursuant to a statutory requirement, or are on a statutory register, database right in the database is not infringed by the extraction of all or a substantial part of the contents containing factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve re-utilisation of all or a substantial part of the contents.

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

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

    (4) In this paragraph - 

    "appropriate person" means 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;

    "statutory register" means a register maintained in pursuance of a statutory requirement; and

    "statutory requirement" means a requirement imposed by provision made by or under an enactment.

Material communicated to the Crown in the course of public business

     4.  - (1) This paragraph applies where the contents of a database have in the course of public business been communicated to the Crown for any purpose, by or with the licence of the owner of the database right and a document or other material thing recording or embodying the contents of the database is owned by or in the custody or control of the Crown.

    (2) The Crown may, for the purpose for which the contents of the database were communicated to it, or any related purpose which could reasonably have been anticipated by the owner of the database right in the database, extract or re-utilise all or a substantial part of the contents without infringing database right in the database.

    (3) The Crown may not re-utilise the contents of a database by virtue of this paragraph if the contents have previously been published otherwise than by virtue of this paragraph.

    (4) In sub-paragraph (1) "public business" includes any activity carried on by the Crown.

    (5) This paragraph has effect subject to any agreement to the contrary between the Crown and the owner of the database right in the database.

Public records

     5. The contents of a database which are comprised in public records within the meaning of the Public Records Act 1958[1], the Public Records (Scotland) Act 1937[2] or the Public Records Act (Northern Ireland) 1923[3] which are open to public inspection in pursuance of that Act, may be re-utilised by or with the authority of any officer appointed under that Act, without infringement of database right in the database.

Acts done under statutory authority

     6.  - (1) Where the doing of a particular act is specifically authorised by an Act of Parliament, whenever passed, then, unless the Act provides otherwise, the doing of that act does not infringe database right in a database.

    (2) Sub-paragraph (1) applies in relation to an enactment contained in Northern Ireland legislation as it applies in relation to an Act of Parliament.

    (3) Nothing in this paragraph shall be construed as excluding any defence of statutory authority otherwise available under or by virtue of any enactment.

Notes:

[1] 1958 c.51.back

[2] 1937 c.43.back

[3] 1923 c.20 (N.I.).back

 
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 © Crown copyright 1997
Prepared 13 January 1998