Are specific intellectual property rights in respect of data/databases recognised?
Databases are one of the works listed in the CA, which may be eligible for copyright protection as a whole, provided that, by reason of the selection or arrangement of its contents, it establishes the author’s intellectual creation.
Copyright protection grants the right holder an exclusive right to authorise or prohibit the use in Malta, either in its original form or in any form recognisably derived from the original of, inter alia, the reproduction, the distribution, the rental and lending, the translation (which includes different computer languages), the adaptation and the broadcasting or performance of the work.
Irrespective of whether a database qualifies for copyright protection, a sui generis database right is also available where the maker of a database can show that there has been substantial investment in the formation and organisation of the contents of the database. It is of note that both the sui generis right and copyright protection do not cover the contents of the database in question. If however certain legal requirements are satisfied, the contents may be eligible for copyright protection in their own right as a literary work, for example.
Norwegian law recognises specific intellectual property rights in data/databases, which is protected under the Copyright Act Section 43 first paragraph. The aforementioned paragraph and Section 39 prescribes that anyone who produces a database or similar work that aggregates a large amount of information, or which results from a substantial investment, shall have the exclusive right to use all or substantial parts of the content of the database by producing copies of it, making it accessible to the general public or transfer such rights to another entity.
Database rights are also excluded from the right to produce copies of published copyrightable work for private and non-commercial use or to use such work for commercial educational purposes, cf. the Act Sections 12 first and second paragraph letter c and 21 first and third paragraph.
Yes, databases are categorized as compilation works under IP Law w. no 5846 and the financial and moral rights of the artist (creator of the work by compiling data based on a system) are protected as copyrights.
The protection cannot be extended to the data within the database, meaning that the protection is limited to the database itself, and the contents are not protected.