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Document 01996L0009-20190606
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
Consolidated text: Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
01996L0009 — EN — 06.06.2019 — 001.001
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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:
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Official Journal |
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No |
page |
date |
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DIRECTIVE (EU) 2019/790 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 |
L 130 |
92 |
17.5.2019 |
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
Article 2
Limitations on the scope
This Directive shall apply without prejudice to Community provisions relating to:
the legal protection of computer programs;
rental right, lending right and certain rights related to copyright in the field of intellectual property,
the term of protection of copyright and certain related rights.
CHAPTER II
COPYRIGHT
Article 3
Object of protection
Article 4
Database authorship
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:
temporary or permanent reproduction by any means and in any form, in whole or in part;
translation, adaptation, arrangement and any other alteration;
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;
any communication, display or performance to the public;
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
Member States shall have the option of providing for limitations on the rights set out in Article 5 in the following cases:
in the case of reproduction for private purposes of a non-electronic database;
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 );
where there is use for the purposes of public security of for the purposes of an administrative or judicial procedure;
where other exceptions to copyright which are traditionally authorized under national law are involved, without prejudice to points (a), (b) and (c).
CHAPTER III
SUI GENERIS RIGHT
Article 7
Object of protection
For the purposes of this Chapter:
‘extraction’ shall mean 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;
‘re-utilization’ shall mean any form of making available to the public all or a substantial part of the contents of a database by the distribution of copies, by renting, by on-line or other forms of transmission. The first sale of a copy of a database within the Community by the rightholder or with his consent shall exhaust the right to control resale of that copy within the Community;
Public lending is not an act of extraction or re-utilization.
Article 8
Rights and obligations of lawful users
Article 9
Exceptions to the sui generis right
Member States may stipulate that lawful users of a database which is made available to the public in whatever manner may, without the authorization of its maker, extract or re-utilize a substantial part of its contents:
in the case of extraction for private purposes of the contents of a non-electronic database;
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, without prejudice to the exceptions and limitations provided for in Directive (EU) 2019/790;
in the case of extraction and/or re-utilization for the purposes of public security or an administrative or judicial procedure.
Article 10
Term of protection
Article 11
Beneficiaries of protection under the sui generis right
CHAPTER IV
COMMON PROVISIONS
Article 12
Remedies
Member States shall provide appropriate remedies in respect of infringements of the rights provided for in this Directive.
Article 13
Continued application of other legal provisions
This Directive shall be without prejudice to provisions concerning in particular copyright, rights related to copyright or any other rights or obligations subsisting in the data, works or other materials incorporated into a database, patent rights, trade marks, design rights, the protection of national treasures, laws on restrictive practices and unfair competition, trade secrets, security, confidentiality, data protection and privacy, access to public documents, and the law of contract.
Article 14
Application over time
Article 15
Binding nature of certain provisions
Any contractual provision contrary to Articles 6 (1) and 8 shall be null and void.
Article 16
Final provisions
When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 17
This Directive is addressed to the Member States.
( 1 ) Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).