Copyright and Related Rights Act, 2000

Chapter 11

Database Right: Licensing

Licensing schemes and licensing bodies.

340.—(1) In this Part—

“licences” means licences to extract or re-utilise all or a substantial part of the contents of a database or to authorise others to do so;

“licensing body” means a society or other organisation which has as its main object, or one of its main objects, the negotiating or granting, either as owner or prospective owner of a database right, or as exclusive licensee, or as agent for him or her, of database right licences, and whose objects include the granting of licences relating to the databases of more than one database right owner;

“licensing scheme” means a scheme specifying—

(a) the classes of case in which the operator of the scheme, or the person on whose behalf that operator acts, is willing to grant database right licences, and

(b) the terms on which licences would be granted in those classes of case,

and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.

(2) References in this Part to licences or licensing schemes relating to databases of more than one database right owner shall not include licences or schemes relating to databases made by, or by employees of, or commissioned by, a single individual, firm, company or group of companies, including holding companies and their subsidiaries.

References and Applications Relating to Licensing Schemes