Navigating risks
In the current state of information technology, database consultation and operation contracts have become common practice. However, these processes involve complex legal agreements that need to be integrated into a database contract.
The aim of this article is to shed light on the key points to be considered when drawing up and implementing these contracts.
Legal protectionof databases
The legal protection of databases is complex and based mainly on two rights: copyright(Articles L. 111-1 et seq. of the French Intellectual Property Code) and sui generis right(Articles L. 341-1 et seq. of the French Intellectual Property Code).
Copyright protects the organization and structure of the database.
The sui generis right, on the other hand, protects the investment made to collect, verify and present the data.
These two rights can overlap. In fact, the European authorities have chosen to superimpose these rights for the protection of databases. This superimposition can, however, create complex situations and requires contractual management in advance to avoid conflicts (database contract).
It is therefore essential to clearly define the ownership of rights when drafting database consultation and exploitation contracts. Contractual clarity and anticipation are the keys to ensuring legal certainty for the parties involved.
Obtentiondes Autorisations Nécessaires
The operation of databases requires specific authorizations, with three key players: the author, the producer, and the user.
The producer must obtain the author's permission to exploit the database. This permission, and its scope, must be formalized in a usage contract, usually structured as a subscription.
This contract must clarify the number of authorized users, the duration of the subscription, the means of access, and the cost.
If the database contains works protected by copyright, the producer must obtain authorization from the author or his successor in title to avoid sanctions for infringement.
TheConsulting Contract
In addition to author authorizations, the producer must take into account other legal obligations, such as respect for privacy rights, image rights, and personal data rights. He must also comply with sui generis rights if the data comes from another database.
The scope of authorization depends on the contract and the assignment clause, which can be exclusive or non-exclusive. This determines whether the works in the database can be exploited elsewhere, and whether the producer can prohibit their exploitation by a third party.
When the database is ready for use, the producer can authorize extraction and reuse rights.
Lack of authorization may result in penalties for counterfeiting.
In terms of contractualization, the producer can grant a simple right of access or authorize the extraction and reuse of data.
Cependantly, it should be noted that there are legal limits to what a producer can prohibit. For example, they cannot prohibit acts necessary to access the contents of an electronic database for the purposes and within the limits set out in the contract.
Exploitation ofthe Database by the User
The freedom to use databases is restricted by the 1996 European directive for those protected by copyright or sui generis right (database contract).
For unprotected bases, restrictions on use may be imposed by the operator.
When a user plans to exploit a database, he or she must obtain a broader authorization than that required for simple consultation. This authorization must specify the conditions for data completeness and updating.
It is the responsibility of the licensor to ensure that the data in the database does not infringe the copyright or sui generis right of any third party.
For data reuse, the user must be authorized to extract and reuse significant parts of the database (database contract).
The exclusivity of the license will depend on the particular circumstances. As a general rule, exclusivity is not granted for a user merely consulting the database. Finally, to use the data for commercial purposes, explicit authorization must be granted.
* * *
In short, consulting and using databases requires precise and detailed legal expertise.
Understanding the subtleties of copyright and sui generis law, and drawing up a meticulous contract, are crucial to navigating this complex and dynamic environment.
Don't wait any longer, make sure your database contracts are legally sound and tailored to your specific needs. Contact me today!
