Copyright and Related Rights Act, 2000

Material open to public inspection or on statutory register.

334.—(1) Without prejudice to the generality of section 333 , where the contents of a database are open to public inspection pursuant to a statutory requirement, or are on a statutory register, the database right in the database is not infringed by the extraction of all or a substantial part of the contents, for a purpose which does not involve re-utilisation of all or a substantial part of the contents as contains factual information of any description, by or with the authority of 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.

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

(3) Where all or a substantial part of the contents of a database are re-utilised under this section the person granting access to the contents of the database shall ensure that those contents bear a mark clearly indicating that they are provided for the purpose of inspection and that no other use of the contents of the database may be made without the licence of the owner of the database right.

(4) All or a substantial part of the contents of a database may not be provided under this section unless the person granting access to the contents of the database has first obtained from the person requesting the contents of the database a declaration, in such form as may be prescribed, indicating that the contents of the database are required for the sole purpose of enabling the contents of the database to be inspected at another time or place or to otherwise facilitate the exercise of the right of public inspection.

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

(6) The Minister may prescribe the conditions which are to be complied with before the contents of a database are made available to the public.

(7) The Minister may by order provide that subsections (1) to (5) apply—

(a) to the contents of a database made open to public inspection by—

(i) an international organisation specified in the order, or

(ii) a person specified in the order who has functions in the State under an international agreement to which the State is a party,

or

(b) to a register maintained by an international organisation specified in the order,

as they apply in relation to the contents of a database open to public inspection pursuant to a statutory requirement, or on a statutory register.