Database right

A database is a collection of works, data or other independent elements, arranged systematically or methodically, and accessed separately by electronic means or otherwise. Thus, a database need not necessarily be electronic.  

There are databases for:

  • market research,
  • e-books,
  • newspaper articles,
  • theses, and many more.  

These databases contain not only articles, but also statistics, research reports, and other valuable resources essential for in-depth research and study. Commonly used databases include PubMed, HBO Knowledge Base, and Nexis Uni. Try the filter menus in the A-Z Databases to see what types are out there.

 

As a "collection," the data in a database are protected by database law. This right lies with the creator of the database. The protection starts automatically when you create the database. You do not have to apply for this and it is free. This right is valid for 15 years from production. If the database changes a lot (in quantity or quality), the 15-year period starts again.

The structure of the database is protected by database law if it is:

  • a collection
  • of works, data or other loose elements
  • arranged systematically or methodically
  • and accessible separately, by electronic means or by other means
  • and the collection, control or presentation of the contents of which has required a substantial investment, both in quality and quantity.  

You may use a database only if you have permission from the creator. However, automatically searching texts and databases to discover new patterns, trends and connections (text and data mining - TDM) is allowed without permission from the creator.

Databaseright by law

(This section is translated from Databankenwet- Dutch only)

 

Section 1 of the Databases Act deals with the protection of the creator of databases against unauthorized copying and disclosure of all or part of the database. This applies to both digital and non-digital databases.

The following definitions are relevant to this law:

  1. Database: a collection of works, data, or other separate elements arranged in a systematic or methodical manner and separately accessible by electronic means or other means. The collection, control or presentation of content requires a significant investment, both in quality and quantity.
  2. Producer of a database: the person who bears the risk of the investment required for the database.
  3. Retrieval: the permanent or temporary transfer of the contents of a database, or part thereof, to another medium by any means and in any form.
  4. Reutilization: any way of making the contents of a database, or part thereof, available to the public by distribution, rental, online transmission or any other form of transfer.
  5. Technical devices: technology, devices or components designed to prevent or restrict what you can do with databases, if those actions are not authorized by the database producer or rights holders. These devices are considered "effective" if they regulate extraction and reuse of the database through access control or through techniques such as encryption, distortion, other transformations or copy protection that provide the intended protection.
  6. Rights management information: any information provided by the producer of a database and its right holders, associated with a copy of a database, or disclosed when reusing a database. This includes information that helps identify the database, information about the terms of use, and the figures or codes in which this information is contained.
  7. Research organization: a university, including its libraries, a research institute or any other organization primarily dedicated to scientific research or teaching that conducts scientific research in such a way that companies with significant influence over these organizations do not receive preferential treatment in accessing the results of the research and includes:
    1. without profit objective or by reinvesting all profits in scientific research, or
    2. recognized by a European member state or a state in the European Economic Area for a task of general interest.
  8. Text and data mining: an automated method of analysis that examines text and data in digital form to obtain information such as patterns, trends and relationships.
  9. Cultural heritage institution: a library, museum, archive or cinematographic or audiovisual heritage institution that is open to the public.

 

Making content available temporarily and without direct or indirect economic benefit by institutions accessible to the public is not considered retrieval or reuse.

The rules of the Copyright Act (Dutch only) apply to computer programs used in the production or operation of electronic databases.

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