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A database — a systematically organized, searchable collection of data in which substantial investment has been made — enjoys protection under database law. You may not retrieve or reuse a substantial part of it without permission. The European Court of Justice confirmed that a job search engine that copies and indexes data and metatags from another database can also infringe.
A database contains information that the compiler usually did not create himself, but which he has methodically organized, made searchable, and in which he has invested substantially. Therefore, the law protects not only authors but also database creators. This protection arises automatically, does not need to be applied for, and is free of charge. The extent of this protection is often a subject of debate — as the European Court of Justice recently answered preliminary questions (ECLI:EU:C:2021:434).
A search engine that retrieves information from a database
CV-Online is a Latvian operator of a job database where employers voluntarily post vacancies. The site contains microdata — information invisible to users (such as job title, company name, workplace, and publication date) that helps search engines index the page correctly.
Melons operates a job search engine that allows job seekers to search multiple job sites simultaneously, with hyperlinks to the source sites. In doing so, Melons copied the metatags of CV-Online and displayed them in the search results. According to CV-Online, this constitutes unlawful reuse of its database, which is only permitted with valid consent. The Latvian court referred two questions regarding this to the European Court of Justice.
The verdict: infringement of database law
According to the Court, the content of the database was transferred: Melons copied meta-information to its own server, and this constitutes a transfer to another medium. This is only permitted with the consent of the compiler; the presence of hyperlinks to CV-Online is of secondary importance in this regard.
According to the Court, a search engine specializing in searching database information that copies and indexes a substantial part thereof so that users can search it based on relevant criteria retrieves and reuses the content of the database. The database manufacturer may prohibit this, for example if it harms its investment, and may claim damages in the event of unlawful use.
Frequently Asked Questions
Am I allowed to copy information from someone else's database?
Not just like that. Retrieving or reusing a substantial part of a protected database is only permitted with valid permission; otherwise, you infringe database rights.
Do I need to register my database to get protection?
No. Protection under the Database Act arises automatically and is free of charge, provided there is a substantial investment in the database.
Does it help to only link to the source?
Not necessarily. If you copy and index a substantial part of the data, adding hyperlinks is of minor importance and infringement may still occur.
Questions about database law or licenses?
The intellectual property specialists at MKB Juristen assess your usage and draft a suitable license agreement . Schedule an intake meeting .
