Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases

• Published date: 27 March 1996
• Official Gazette Publication: Diario Oficial de las Comunidades Europeas, L 77, 27 de marzo de 1996,Gazzetta ufficiale delle Comunità europee, L 77, 27 marzo 1996,Journal officiel des Communautés européennes, L 77, 27 mars 1996

01996L0009 — EN — 06.06.2019 — 001.001

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►B DIRECTIVE 96/9/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 1996 on the legal protection of databases (OJ L 077 27.3.1996, p. 20)

Amended by:

		Official Journal
		No	page	date
►M1	DIRECTIVE (EU) 2019/790 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Text with EEA relevance of 17 April 2019	L 130	92	17.5.2019

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▼B

DIRECTIVE 96/9/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 1996

on the legal protection of databases

CHAPTER I

SCOPE

Article 1

Scope

1. This Directive concerns the legal protection of databases in any form.

2. For the purposes of this Directive, ‘database’ shall mean a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means.

3. Protection under this Directive shall not apply to computer programs used in the making or operation of databases accessible by electronic means.

Article 2

Limitations on the scope

This Directive shall apply without prejudice to Community provisions relating to:

(a)the legal protection of computer programs;

(b)rental right, lending right and certain rights related to copyright in the field of intellectual property,

(c)the term of protection of copyright and certain related rights.

CHAPTER II

COPYRIGHT

Article 3

Object of protection

1. In accordance with this Directive, databases which, by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation shall be protected as such by copyright. No other criteria shall be applied to determine their eligibility for that protection.

2. The copyright protection of databases provided for by this Directive shall not extend to their contents and shall be without prejudice to any rights subsisting in those contents themselves.

Article 4

Database authorship

1. The author of a database shall be the natural person or group of natural persons who created the base or, where the legislation of the Member States so permits, the legal person designated as the rightholder by that legislation.

2. Where collective works are recognized by the legislation of a Member State, the economic rights shall be owned by the person holding the copyright.

3. In respect of a database created by a group of natural persons jointly, the exclusive rights shall be owned jointly.

Article 5

Restricted acts

In respect of the expression of the database which is protectable by copyright, the author of a database shall have the exclusive right to carry out or to authorize:

(a)temporary or permanent reproduction by any means and in any form, in whole or in part;

(b)translation, adaptation, arrangement and any other alteration;

(c)any form of distribution to the public of the database or of copies thereof. The first sale in the Community of a copy of the database by the rightholder or with his consent shall exhaust the right to control resale of that copy within the Community;

(d)any communication, display or performance to the public;

(e)any reproduction, distribution, communication, display or performance to the public of the results of the acts referred to in (b).

Article 6

Exceptions to restricted acts

1. The performance by the lawful user of a database or of a copy thereof of any of the acts listed in Article 5 which is necessary for the purposes of access to the contents of the databases and normal use of the contents by the lawful user shall not require the authorization of the author of the database. Where the lawful user is authorized to use only part of the database, this provision shall apply only to that part.

2. Member States shall have the option of providing for limitations on the rights set out in Article 5 in the following cases:

(a)in the case of reproduction for private purposes of a non-electronic database;

▼M1

(b)where there is use for the sole purpose 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, without prejudice to the exceptions and limitations provided for in Directive (EU) 2019/790 of the European Parliament and of the Council (1);

▼B

(c)where there is use for the purposes of public security of for the purposes of an administrative or judicial procedure;

(d)where other exceptions to...