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Databases & scientific works
Distinguish database structure, investment protection, individual content and access conditions.
German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.
Legal framework
A creative selection or arrangement may be protected as a database work. Separately, a database maker’s right can arise from qualifying substantial investment in obtaining, verifying or presenting contents. Investment in creating data must be distinguished from these activities. Individual facts are not thereby monopolised.
Practical guidance
When assessing extraction, consider quantity, qualitative importance and repeated or systematic access. Rights in photographs, text and software within a database may also apply. Public accessibility is not a general permission for systematic copying, and technical access does not resolve contractual, privacy or confidentiality requirements.
Data licences should cover access, analysis, result publication, updates and onward supply. For APIs, record usage limits and access logs. Research exceptions depend on the user, purpose and other statutory conditions. Open-access articles may contain third-party figures or datasets excluded from the main licence.
Practical examples
These fictional examples illustrate common issues; they are not accounts of particular client matters.
Example 1
Daily price-comparison scraping
A service repeatedly extracts small portions of a catalogue. Review frequency, overall coverage and content origin; the individual request alone may not reflect the cumulative use.
Example 2
Research data becomes a commercial product
A collaboration wants to sell a dataset previously used for research. Check funding terms, access rights and licences against the new purpose. Research access does not automatically create distribution rights.
Example 3
Figure from an open-access paper
A business includes a figure in a whitepaper. Check whether it is covered by the article’s licence or identified as third-party content, then comply with attribution and modification conditions.
Frequently asked questions
Are facts themselves protected?
Facts alone are not copyright works. Copying may nevertheless affect database rights, protected presentation or other legal requirements.
Does extensive research guarantee copyright?
No. Effort alone is insufficient. The protected expression and any special rights in scientific editions need separate assessment.
Preparing for advice
01 · Your objective
Explain the intended use or dispute, the parties, countries and any deadlines.
02 · Your documents
Gather agreements, licence terms, drafts, evidence of use and relevant correspondence.
03 · Next steps
We agree the scope and fees, then assess the permissions, contractual changes or proceedings required.
Related topics
AI, training & text and data mining · Publishing, authors & press · Exceptions, quotations & adaptations
Advice from German specialist lawyers
Michael Horak and Julia Ziegeler are German-certified specialist lawyers in copyright and media law. Hanover is our headquarters. We advise at our offices and by video conference. Meet the team · Contact us in English.
Legal reference: German Copyright Act (official German text).