Database law

Abstract

On 6 November 1997, the British Government published the Copyright Rights in Databases Regulations 1997 (the Regulations) which include the Government's proposed amendments and additions to the Copyright, Designs and Patents Act 1988 (CDPA). In accordance with tradition for regulations relating to copyright, the Regulations were laid before Parliament in draft form. These particular regulations cannot be the subject of any amendments by either House - they must stand or fall in their entirety. Provided they are approved by Parliament, the new law should come into force on 1 January 1998 bringing with it a new test of originality for copyright databases, together with a brand new property right - the database right. This article explores the context of the proposed new rules.