individual works. This is an important point. In terms of databases, copyright can exist at two levels, at the level of the individual works contained ... database and at the level of the database itself as a form of work in its own right. The database Page 1887 may have protection
granted in its terms; if however, an extremely wide copyright
protection to DNA sequence database were granted, that would defeat and undermine
Parliamentary intent ... amount to
copyright. Indian law has recognized that compilation of databases is entitled to copyright
protection. However, that would not end the debate
Copyright Act, 1957 . The plaintiff has
got copyright in the said information, data and other
related materials under Section 13 of the Copyright ... Copyright Act."
20. It is the case of the defendants that there can be no copyright in
customer database, accounts information, airway drawings, airway
plaintiff's copyright.
(5) A few provisions of the Copyright Act 1957, as amended by the Copyright (Amendment ... copyrightable as fact works. In theory, copyright and trade secret law protect different elements of compiled business data, with copyright protecting the expression in these
general database converts it into a structured and
quality controlled specific database analogous to a general physical
library. Thus, he observed that the database ... copyrighted
material rather than for the use of copyright. The distinction
between the copyright and copyrighted article has been very
well pointed
copyright works were created by the appellant's employees
and therefore, the appellant is the first owner of copyright in
these test databases ... these are original works entitled to
protection under the Copyright Act, 1957 . The test
23
databases contain extensive test results and an
illustrative extract
akin to
'copyrighted articles'. The subscribers do not receive any right to use the
copyright in the videos/database at any point ... copyright' but rather payments for
access to copyrighted products, i.e., the videos on the assessee's database. The
Mumbai Bench
said to
have acquired a copyright or the right to use the copyright in a computer
software or database (as described by the Assessing Officer ... paying for use or right to use the copyright. In other words, when
no copyright is acquired by the payer, question of using
consideration for the use
of, or the right to use, any copyright of a literary, artistic, or
scientific including cinematograph films or work on film ... literary work"
includes computer programmes, tables and compilations including
computer databases ........"copyright" means the exclusive right subject to
the provisions of this
alleged copyright. It is
contended that the plaintiff, which is a juristic person, cannot be the owner
of the copyright in the databases alleged ... pleaded. The plaintiff, save for repeatedly referring to databases has not
specified as to what those databases pertain to and what is the contribution
