EBLIDA response to Public Consultation on the evaluation of the Database Directive 96/9/EC

01 September 2017

Background

[Excerpt from the EU Commission website]

The Commission launched a public consultation on the application and impact of the Database Directive 96/9/EU on legal protection of databases. The Directive offers two-tier protection to databases:

1. Copyright protection to the databases which are considered 'original'
2. Sui generis protection to databases on which major investments have been made.

In the ongoing ex-post evaluation the Commission is assessing whether the Directive still fulfils its policy goals and is fit-for-purpose in a digital, data-driven economy. The results of the consultation will feed into a Staff Working Document describing the Commission's findings.

Objective of the consultation

The main objectives of the consultation are to collect up-to-date information on:

1. The evolution of the market related to databases
2. The use and the impact of the copyright and the sui generis protection regimes on the database makers and users.
3. The application of the Database Directive and possible needs of adjustment.

EBLIDA's response

In line with its advocacy work, the EBLIDA’s response notably calls for a withdrawal of the sui generis right and an harmonisation of the directive’s limitations and exceptions as well as their protection from override by contract terms and Technological Protection Measures (TPMs).

>>> Read the full EBLIDA’s response to the Public Consultation on the Database directive [PDF] <<<

 

Related links

• Announcement and background information on the consultation.
• Digital Single Market webpage on copyright.
• Database Directive
• Evaluation of 2005 and related documents

 

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