The database producer has the right to prohibit:
- the use;
- or the copy of the content of his database.
It is, therefore, prohibited to extract a large portion of the information on a website with the aim of putting it on your own website without the agreement of the database producer.
Without the agreement of the database producer, it is prohibited to distribute copies of the database by renting it out or distributing data via the internet.
The extraction or reuse of insubstantial portions (i.e. a negligible amount and one that did not require significant investment by the database producer) is, in principle, not a violation of the sui generis right.
However, the extraction or reuse of insubstantial portions is a violation of the sui generis right:
- when this extraction or reuse is repeated and systematic;
- when it is contrary to the normal operation of the database;
- or/and when it causes unjustified damage to the legitimate interests of the database producer.
This will be the case if the extractions allow a similar database to be created.
However, a number of uses do not require the agreement of the database producer, for example, use for educational purposes or for strictly private reasons.
The sui generis right is transferable and transmissible and can therefore be transferred to a third party or licensed. Contrary to the provisions of section 5 of Book XI of the Code of Economic Law (CEL) on copyright, section 7 of Book XI of this CEL on databases does not provide for any specific formalities for these licences or transfer contracts.
