An electronic database is viewed for copyright purposes as a compilation and under the Copyright Act, a compilation is protected as a literary work. Compilations include timetables, rosters, catalogues, dictionaries, encyclopedias, anthologies, directories, tables of factual information, lists, radio and television program guides.
An electronic database is a large centralised assembly of information in electronic form. The database may be accessed by computer via telephone, cable, satellite or broadband.
A database may be a collection of:
In most cases, a database will be protected as a literary work where it can be shown that substantial labour and expense was spent on its creation.
It is important to note that copyright protection is limited for databases. Only the presentation and arrangement of the database is protected as a compilation.
The actual contents or information contained in the database is not protected by copyright and therefore information can be extracted and used. However, if a substantial part of the database is copied, copyright will be infringed. ‘Substantiality’ is based on the quality of what is taken not the quantity.
The Copyright Act contains a number of free use exceptions and other matters which allow copyright material to be used without the permission of the copyright owner. The free use exceptions are relevant for educational institutions are set out below.
The copying of databases or work contained in databases for fair dealing purposes is free and does not require the permission of the copyright owner. The fair dealing exceptions most relevant for educational institutions and students are:
See 1.14: Defences and exceptions to infringement
There are no specific exceptions in the Copyright Act that deal with databases.
