Transfer and Use of Bibliographic Records: IPR

Intellectual Property Rights

IPR is the family name for a range of legal protections for things created as a result of human innovation, skill, creativity and endeavour. These include:

Copyright

This is the exclusive property right given to the author (and any subsequent rights holders) of an original creative work for a limited time period. Exclusive rights include copying, issuing copies to the public, and communicating copies to the public (e.g. over the Internet)). Typically, copyright in author generated works will last for 70 years after the death of the author. Works protected by copyright can be licensed to third parties for specific uses, such as reproduction in printed form. Rights can also be assigned (given) by the rights holder to another party. 

Database Right

This is the exclusive right given to an individual or organisation with regards to their substantial investment in obtaining, verifying or presenting the contents of a database. The database right is an automatic right and protects the maker of the database (the person who invests in it) against the unauthorised extraction and re-use of a substantial part of its contents. The right lasts for 15 years from the date of creation or publication of the database and can be renewed if substantial enhancements or additions are made to the database. The database right is not infringed if data are extracted for non commercial purposes such as teaching or research as long as the source of the material is indicated. Extraction and re-utilisation is also permitted when it is not possible by reasonable inquiry to ascertain the identity of the maker and it is reasonable to assume that the database right has expired. However, repeated and systematic extraction of an insubstantial amount of the data would constitute an infringement. 

Moral Rights

These shield the reputation of the creator of a work protected by copyright. The key points are the right of attribution and the right to object to derogatory treatment of the work. The moral right of attribution (the right to be identified as an author) requires assertion and is not generally available in respect of works created by employees in the course of their employment where ownership of the copyright (which is separate from moral rights) lies with the employer. Neither is it available for works that appear in journals or encyclopaedias. The right to object to derogatory treatment does not require assertion and may apply unless waived. In the case of works created by employees during the course of their employment where ownership of the copyright resides with the employer, the moral right of derogatory treatment does not generally apply to anything done with the authority of the copyright owner. So generally it would not apply, for example, to bibliographic library records created by an individual under a contract of employment and licensed by the employer to a library to the extent that copyright subsists in those records. Neither would it apply to the copyright subsisting in the structure of a database to the extent that might have been created by an employee but owned by the employer.

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This website "Transfer and Use of Bibliographic Records: Guidance in a Legal Issues" has been developed by Curtis+Cartwright Consulting Ltd in partnership with Ms Naomi Korn. It is the output of a project funded by JISC under the Information Environment Programme 2009-11. The contents of this website are for information purposes and guidance only. They do not constitute legal advice.


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