12.—(1) In this Part—
“database” has the meaning given by section 3A(1) of the 1988 Act (as inserted by Regulation 6);
“extraction”, in relation to any contents of a database, means the permanent or temporary transfer of those contents to another medium by any means or in any form;
“insubstantial”, in relation to part of the contents of a database, shall be construed subject to Regulation 16(2);
“investment” includes any investment, whether of financial, human or technical resources;
“jointly”, in relation to the making of a database, shall be construed in accordance with Regulation 14(6);
“lawful user”, in relation to a database, means any person who (whether under a licence to do any of the acts restricted by any database right in the database or otherwise) has a right to use the database;
“maker”, in relation to a database, shall be construed in accordance with Regulation 14;
[F1“Marrakesh beneficiary” has the meaning given by section 296ZE(1) of the 1988 Act];
[F2“national of the United Kingdom” has the meaning given by section 178 of the 1988 Act];
“re-utilisation”, in relation to any contents of a database, means making those contents available to the public by any means;
“substantial”, in relation to any investment, extraction or re-utilisation, means substantial in terms of quantity or quality or a combination of both.
(2) The making of a copy of a database available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public shall not be taken for the purposes of this Part to constitute extraction or re-utilisation of the contents of the database.
(3) Where the making of a copy of a database available through an establishment which is accessible to the public gives rise to a payment the amount of which does not go beyond what is necessary to cover the costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of paragraph (2).
(4) Paragraph (2) does not apply to the making of a copy of a database available for on-the-spot reference use.
(5) Where a copy of a database has been sold within the EEA [F3, the United Kingdom] [F4or the Isle of Man] by, or with the consent of, the owner of the database right in the database, the further sale within the EEA [F3, the United Kingdom] [F4or the Isle of Man] of that copy shall not be taken for the purposes of this Part to constitute extraction or re-utilisation of the contents of the database.
Textual Amendments
F1Words in reg. 12 inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 18
F2Words in reg. 12(1) inserted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 28(2) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 12(5) inserted (31.12.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 7; 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 12(5) inserted (1.11.2003) by The Copyright and Rights in Databases (Amendment) Regulations 2003 (S.I. 2003/2501), regs. 1(2), 4
Commencement Information
I1Reg. 12 in force at 1.1.1998, see reg. 1(2)