Prominent terms of a database licensing agreement for the protection of database producer

Research output: Contribution to journalArticle

Abstract

It has been an accepted practice of producers of refurbished databases that in the absence of copyright protection, they rely upon the contractual terms of the original database licensing agreement. The producers, known as licensors, normally invoke these to protect their interests. The agreement incorporates terms that confer on the producers the right to exercise legal remedies should there be any breach of said agreement by the licensees. Thus it is pertinent for the producers to be aware of the terms of the licensing agreement in order to ensure that they are cautiously constructed in order to protect the interests of these producers. A cogent licensing agreement normally provides the protection by restricting the manner in which the database is being used. For example, databases accessed through the internet may contain restrictions for downloading and redistributing its content. This article will highlight the rationale behind the provisions incorporated in a database licensing agreement meant to safeguard the content of the database. It is not, however, the intention of this paper to elaborate on each and every term in a database licensing agreement; the clauses discussed are limited to those related to the protection of the interests of database producers.

Original languageEnglish
Pages (from-to)183-196
Number of pages14
JournalInternational Journal of Business and Society
Volume13
Issue number2
Publication statusPublished - 2012

Fingerprint

Data base
Licensing
World Wide Web
Safeguards
Copyright protection
Remedies
Rationale
Breach
Exercise

Keywords

  • Agreement
  • Databases
  • Licensing
  • WESTLAW

ASJC Scopus subject areas

  • Economics and Econometrics
  • Finance
  • Strategy and Management
  • Business and International Management

Cite this

@article{330c73d98d064eecab9ee464c1204adc,
title = "Prominent terms of a database licensing agreement for the protection of database producer",
abstract = "It has been an accepted practice of producers of refurbished databases that in the absence of copyright protection, they rely upon the contractual terms of the original database licensing agreement. The producers, known as licensors, normally invoke these to protect their interests. The agreement incorporates terms that confer on the producers the right to exercise legal remedies should there be any breach of said agreement by the licensees. Thus it is pertinent for the producers to be aware of the terms of the licensing agreement in order to ensure that they are cautiously constructed in order to protect the interests of these producers. A cogent licensing agreement normally provides the protection by restricting the manner in which the database is being used. For example, databases accessed through the internet may contain restrictions for downloading and redistributing its content. This article will highlight the rationale behind the provisions incorporated in a database licensing agreement meant to safeguard the content of the database. It is not, however, the intention of this paper to elaborate on each and every term in a database licensing agreement; the clauses discussed are limited to those related to the protection of the interests of database producers.",
keywords = "Agreement, Databases, Licensing, WESTLAW",
author = "{Abdul Manap}, Nazura and Hambali, {Siti Naaishah} and Irene Low",
year = "2012",
language = "English",
volume = "13",
pages = "183--196",
journal = "International Journal of Business and Society",
issn = "1511-6670",
publisher = "Universiti Malaysia Sarawak",
number = "2",

}

TY - JOUR

T1 - Prominent terms of a database licensing agreement for the protection of database producer

AU - Abdul Manap, Nazura

AU - Hambali, Siti Naaishah

AU - Low, Irene

PY - 2012

Y1 - 2012

N2 - It has been an accepted practice of producers of refurbished databases that in the absence of copyright protection, they rely upon the contractual terms of the original database licensing agreement. The producers, known as licensors, normally invoke these to protect their interests. The agreement incorporates terms that confer on the producers the right to exercise legal remedies should there be any breach of said agreement by the licensees. Thus it is pertinent for the producers to be aware of the terms of the licensing agreement in order to ensure that they are cautiously constructed in order to protect the interests of these producers. A cogent licensing agreement normally provides the protection by restricting the manner in which the database is being used. For example, databases accessed through the internet may contain restrictions for downloading and redistributing its content. This article will highlight the rationale behind the provisions incorporated in a database licensing agreement meant to safeguard the content of the database. It is not, however, the intention of this paper to elaborate on each and every term in a database licensing agreement; the clauses discussed are limited to those related to the protection of the interests of database producers.

AB - It has been an accepted practice of producers of refurbished databases that in the absence of copyright protection, they rely upon the contractual terms of the original database licensing agreement. The producers, known as licensors, normally invoke these to protect their interests. The agreement incorporates terms that confer on the producers the right to exercise legal remedies should there be any breach of said agreement by the licensees. Thus it is pertinent for the producers to be aware of the terms of the licensing agreement in order to ensure that they are cautiously constructed in order to protect the interests of these producers. A cogent licensing agreement normally provides the protection by restricting the manner in which the database is being used. For example, databases accessed through the internet may contain restrictions for downloading and redistributing its content. This article will highlight the rationale behind the provisions incorporated in a database licensing agreement meant to safeguard the content of the database. It is not, however, the intention of this paper to elaborate on each and every term in a database licensing agreement; the clauses discussed are limited to those related to the protection of the interests of database producers.

KW - Agreement

KW - Databases

KW - Licensing

KW - WESTLAW

UR - http://www.scopus.com/inward/record.url?scp=84870604984&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84870604984&partnerID=8YFLogxK

M3 - Article

VL - 13

SP - 183

EP - 196

JO - International Journal of Business and Society

JF - International Journal of Business and Society

SN - 1511-6670

IS - 2

ER -