Content Online / Database right

Dear reader

Content Online

I'm still in the process of digesting the European Commission's Content Online Communication. It's good stuff and more anon. Meanwhile, if you want a really good digest of the legal and regulatory issues raised in Europe by the ever expanding online digital content market, you should read the Commission's Working Document which accompanied its Communication. Click here and then download the PDF of the "Staff Working Document".

Database right

My 'legal eagle' friends out there will know about the much neglected 'database right' which is meant to protect database producer's substantial investment in obtaining (but not creating), verifying and presenting database contents. Click here to read an article on my website about the right.

It popped up recently (November 07) in an unusual context in a case - Crowson Fabrics Ltd v. Rider and others - brought in the High Court by a company against ex-employees. The case shows that the often ignored and unloved database right can be a valuable way of protecting valuable business information. The case involved some ex-employees who took customer contact details, sales data and other information from the ex-employer. The Court decided that, on the particular facts, the information didn't meet the tests for confidentiality so the company could not succeeed in a breach of confidence claim.

However, what's interesting is that the Judge decided that the ex-employees did infringe the company's database right in its database of customer information etc. by taking this information without permission.

Of course, a well-written employment contract is going to cover what an employee can and can't do after the employment terminates. But the case is a reminder of the potential value of the database right. So it's in your company's interests to make sure you take the necessary steps to secure ownership of the database right.

Have a good week.

Laurie Kaye

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