\n <\/td>\n | PART V<\/p>\n <\/p>\n Databases<\/h4>\n<\/td>\n<\/tr>\n\n <\/td>\n | Chapter 1<\/p>\n <\/p>\n Rights in Databases<\/em><\/h4>\n<\/td>\n<\/tr>\n\n\nInterpretation.<\/h4>\n<\/td>\n320.<\/strong>\u2014(1) In this Part\u2014<\/td>\n<\/tr>\n\n <\/td>\n | \u201cextraction\u201d, in relation to the contents of a database, means the permanent or temporary transfer of all or a substantial part of the contents to another medium by any means or in any form;<\/td>\n<\/tr>\n | \n <\/td>\n | \u201cinsubstantial\u201d, in relation to the contents of a database, shall be construed subject to section 324 (3)<\/em>;<\/td>\n<\/tr>\n\n <\/td>\n | \u201cinvestment\u201d includes any investment, whether of financial, human or technical resources and cognate words shall be construed accordingly;<\/td>\n<\/tr>\n | \n <\/td>\n | \u201cjointly\u201d, in relation to the making of a database which is made jointly, shall be construed as referring to all the makers of the database;<\/td>\n<\/tr>\n | \n <\/td>\n | \u201clawful user\u201d, in relation to a database, means any person who, whether under a licence to undertake any of the acts restricted by any database right in the database, or otherwise, has a right to use the database;<\/td>\n<\/tr>\n | \n <\/td>\n | \u201cre-utilisation\u201d, in relation to the contents of a database, means making those contents available to the public by any means;<\/td>\n<\/tr>\n | \n <\/td>\n | \u201csubstantial\u201d, in relation to the investment, extraction or re-utilisation, means substantial in terms of quantity or quality or a combination of both.<\/td>\n<\/tr>\n | \n <\/td>\n | (2) The making of a copy of a database available for use, on terms that it is to be or may be returned after a limited period of time, otherwise than for direct or indirect economic or commercial advantage, through an establishment to which the public have access that is prescribed by the<\/span> Minister for the purpose of section 58<\/em><\/span> 177<\/sup>, shall not be taken for the purposes of this Part to constitute extraction or re-utilisation of the contents of the database.<\/td>\n<\/tr>\n\n <\/td>\n | (3) Where the making of a copy of a database available through an establishment to which members of the public have access and that is<\/span> prescribed by the Minister for the purpose of section 58<\/em><\/span> 178<\/sup>gives rise to a<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/td>\n<\/tr>\n | \n<\/td>\n | <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n 177<\/sup> Deleted by the Copyright and Related Rights (Amendment) Act 2007<\/p>\n178<\/sup> Deleted by the Copyright and Related Rights (Amendment) Act 2007<\/p>\n <\/p>\n \n\n\n <\/td>\n | payment the amount of which does not exceed that which is necessary to cover the operating costs of the establishment there is no direct or indirect economic or commercial advantage for the purposes of subsection (2)<\/em>.<\/td>\n<\/tr>\n\n <\/td>\n | (4) Subsection (2) <\/em>shall not apply to the making of a copy of a database available for on the spot reference use.<\/td>\n<\/tr>\n\n <\/td>\n | (5) Where a copy of a database has been sold within the Member States of the EEA by, or with the consent of, the owner of the database right in the database, the further sale within the Member States of the EEA of that copy for the purposes of this Part shall not be taken to constitute extraction or re- utilisation of the contents of the database.<\/td>\n<\/tr>\n | \n <\/td>\n | Chapter 2<\/p>\n <\/p>\n Subsistence of Database Right<\/em><\/h4>\n<\/td>\n<\/tr>\n\n\nDatabase right.<\/h4>\n<\/td>\n321.<\/strong>\u2014(1) A property right to be known and in this Part referred to as the \u201cdatabase right\u201d subsists, in accordance with this Part, in a database where there has been a substantial investment in obtaining, verifying or presenting the contents of the database.<\/td>\n<\/tr>\n\n <\/td>\n | (2) Subject to this Act, the owner of the database right may undertake or authorise others to undertake certain acts in the State in relation to the database, being acts which are designated by this Act as acts restricted by the database right.<\/td>\n<\/tr>\n | \n <\/td>\n | (3) For the purposes of this section it is immaterial whether or not the database or any of its contents is a copyright work.<\/td>\n<\/tr>\n | \n <\/td>\n | (4) The database right shall not subsist in a database unless the requirements specified in this Part with respect to qualification are complied with.<\/td>\n<\/tr>\n | \n <\/td>\n | Chapter 3<\/p>\n <\/p>\n Maker and Ownership: Databases<\/em><\/h4>\n<\/td>\n<\/tr>\n\n\nMaker of database.<\/h4>\n<\/td>\n322.<\/strong>\u2014(1) Subject to the provisions of this section, the person who takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation shall be regarded as the maker of, and as having made, the database.<\/td>\n<\/tr>\n\n <\/td>\n | (2) Where a database is made by an employee in the course of employment, his or her employer shall be regarded as the maker of the database, subject to any agreement to the contrary.<\/td>\n<\/tr>\n | \n <\/td>\n | (3) Subject to subsection (4)<\/em>, where a database is made by an officer or employee of the Government in the course of his or her duties, the Government shall be regarded as the maker of the database.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n \n\n\n <\/td>\n | (4) Where a database is made by or under the direction or control of either or both of the Houses of the Oireachtas\u2014<\/td>\n<\/tr>\n | \n <\/td>\n | (a<\/em>) the House by whom, or under whose direction or control, the database is made shall be regarded as the maker of the database, and<\/td>\n<\/tr>\n\n <\/td>\n | (b<\/em>) where the database is made by or under the direction or control of both Houses, both Houses shall be regarded as the joint makers of the database.<\/td>\n<\/tr>\n\n <\/td>\n | (5) For the purposes of this Part, a database is made jointly where two or more persons acting together in collaboration take the initiative in obtaining, verifying or presenting the contents of the database and assume the risk of investing in that obtaining, verification or presentation.<\/td>\n<\/tr>\n | \n <\/td>\n | (6) Where a database is made by an organisation prescribed by the Minister under section 196 (2)<\/em>, or by an officer or employee of such an organisation in the course of his or her duties, that organisation shall be regarded as the maker of the database.<\/td>\n<\/tr>\n\n <\/td>\n | (7) Where the database right is conferred on a person by an enactment that person shall be regarded as the maker of the database.<\/td>\n<\/tr>\n | \n\nFirst ownership of database right.<\/h4>\n<\/td>\n | | | | | | | | | | | | | | | | | | | | |