| Act of 8
July 1999 relating to the adaptation of the Dutch legislation
to
Directive 96/9/EC of the European Parliament and the Council
of 11 March 1996 on the legal protection of databases
We Beatrix, by the grace of
God, Queen of the Netherlands, Princess of Orange-Nassau, etc.
etc. etc.
Greetings to all who shall
see or hear these presents! Be it known:
Whereas We have considered
that the need exists to adapt the Dutch legislation with a
view to
Directive 96/9/EC of the European Parliament and the Council
of 11 March 1996 on the legal protection of databases (OJ
EC L77);
We therefore, having heard
the Council of State, and in consultation with the States
General, have approved and decreed as We hereby approve and
decree:
ARTICLE I
Database Act
Article 1
1. For the purposes of
this Act and provisions laid down pursuant to this act:
a. database:
a collection of independent works, data or other materials
arranged in a systematic or methodical way and individually
accessible by electronic or other means and for which the
acquisition, control or presentation of the contents,
evaluated qualitatively or quantitatively, bears witness to
a substantial investment;
b. producer of a
database: the person who bears the risk of the
investment for creating the database;
c. extraction:
the permanent or temporary transfer of all or a substantial
part of the contents of a database to another medium by any
means or in any form;
d. re-utilization:
any form of making available to the public of all or a part
of the contents of a database by the distribution of copies,
by renting, by on-line or other forms of transmission.
2. The making
available by institutions accessible to the public for a
limited period and without direct or indirect economic or
commercial advantage shall not be regarded as extraction or
re-utilisation.
3. The relevant
provisions of the Copyright Act 1912 shall not apply to
computer programs used for the production or operation of
databases accessible by electronic means.
Article 2
1. The producer of a
database shall have the exclusive right to authorize the
following acts:
a. the extraction or
re-utilization of all or a substantial part of the content
of the database, evaluated qualitatively or quantitatively,
b. the repeated and
systematic extraction or re-utilization of insubstantial
parts of the content of a database, evaluated qualitatively
or quantitatively, where this does not conflict with the
normal exploitation of that database or unreasonably
prejudice legitimate interests of the producer of the
database.
2. This shall be
without prejudice to the copyright or other rights to the
database or works, data or other materials included in the
database.
3. Where a copy of a
database has been brought into circulation for the first time
by or with the consent of the producer or his rightholders in
one of the Member States of the European Union or in a state
that is party to the Agreement on the European Economic Area
of 2 May 1992, the bringing into circulation of that copy in
those States shall otherwise not infringe the right referred
to in paragraph 1.
4. The right referred
to in paragraph 1 shall be transferred upon hereditary
succession and is eligible for full or partial transfer. The
conveyance required for full or partial transfer shall be
executed in a deed intended for this purpose.
Article 3
1. The producer of a
database which is made available to the public in whatever
manner may not prevent the lawful user of the database from
extracting or re-utilizing insubstantial parts of its
contents, evaluated qualitatively or quantitatively. Where the
lawful user is authorized to extract or re-utilize only part
of the database, paragraph 1 shall apply only to that part.
2. By agreement no
exception may be made to paragraph 1 to the detriment of the
lawful user.
Article 4
The legal user of a database
which is made available to the public in whatever manner, may
not perform acts which conflict with the normal exploitation
of the database or unreasonably prejudice the producer.
Article 5
The lawful user of a database
which is made available to the public in whatever manner may
without the authorization of the producer of the database
extract or re-utilize a substantial part of the contents of
the database:
a. in the case of
extraction for private purposes of the contents of a
non-electronic database;
b. in the case of
extraction for the purposes of illustration for teaching or
scientific research, as long as the source is indicated and
to the extent justified by the non-commercial purpose to be
achieved;
c. in the case of
extraction or re-utilization for the purposes of public
security or an administrative or judicial procedure.
Article 6
1. The right, referred
to in Article 2, paragraph 1, shall run from the date of
completion of the making of the database. It shall expire
fifteen years from 1 January of the year following the date of
completion.
2. If a database is
made available to the public before the date of completion of
the making of the database, the right provided for in Article
2, paragraph 1, shall expire fifteen years from 1 January of
the year following the date when the database was first made
available to the public.
3. Any substantial
change, evaluated qualitatively or quantitatively, to the
contents of a database, in particular resulting from
successive additions, deletions or alterations, which would
result in the database being considered to be a substantial
new investment, evaluated qualitatively or quantitatively,
shall qualify the database resulting from that investment for
a new right referred to in Article 2, paragraph 1.
Article 7
The right referred to in
Article 2, paragraph 1, shall apply to:
a. the producer of
the database or his assignees who are nationals of or who
have their habitual residence in the territory of a Member
State of the European Union or a state which is a party to
the Agreement on the European Economic Area of 2 May 1992;
b. the producer of
the database or his assignees that are a company or firm
formed in accordance with the legislation of a Member State
of the European Union or a state which is a party to the
Agreement on the European Economic Area of 2 May 1992 and
having their registered office, central administration or
place of business within the territory of one of these
states; if such a company or firm has only its registered
office in the territory of one of these states, its
operations must be genuinely linked on an ongoing basis with
the economy of this state;
c. the producer of
the database or his assignees that can derive a right from
an agreement that the Council of the European Union has
signed with countries other than those referred to under a.
or b.
Article 8
1. The public
authority shall not have the right referred to in Article 2,
paragraph 1, with respect to databases of which it is the
producer and for which the contents are formed by laws, orders
and resolutions promulgated by it, court decisions or
judgments and administrative orders.
2. The right, referred
to in Article 2, paragraph 1 shall not apply to databases for
which the public authority is the producer, unless the right
is expressly reserved either in general by law, order or
resolution or in a particular case as evidenced by a
notification in the database itself or when the database is
made available to the public.
Article 9
This act shall be cited as:
the Databases Act.
Article II
[Contains amendments to other
legislation].
Article III
A. 1. Article I
shall also apply to databases which were completed after 1
January 1983, provided this is without prejudice to acts
performed and rights acquired before 1 January 1998.
2. The right, referred
to in Article 2, paragraph 1, in that case expires on 1
January 2014.
B. Article II shall
also apply to collections referred to in Article 10, paragraph
3, of the Copyright Act 1912 that were made before 1 January
1998, provided this is without prejudice to acts performed and
rights acquired before that date.
C. The provisions of
Chapter III of the Copyright Act 1912 on the duration of
copyright shall apply to collections referred to in Article
10, paragraph 3, of the Copyright Act 1912 that on 27 March
1996 belonged to the documents mentioned in Article 10,
paragraph 1, sub-section 1°, of the Copyright Act 1912.
Article IV
This Act shall enter into
force with effect from the day after the date of publication
in the Official Journal in which it is placed.
Signature
Direct and ordain that these
presents shall be placed in the Official Journal and that all
the ministries, authorities, bodies and officials who may be
concerned, shall strictly enforce its execution.
Given in the Hague, 8 July
1999
Beatrix
The Minister of Justice,
A.H. Korthals
Published on the twentieth of
July 1999
The Minister of Justice,
A.H. Korthals
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