Copyright, Designs and Patents Act 1988, section 3A

Databases

Part I Copyright

(1) In this Part “database” means a collection of independent works, data or other materials which—

(a)are arranged in a systematic or methodical way, and

(b)are individually accessible by electronic or other means.

(2)For the purposes of this Part a literary work consisting of a database is original if, and only if, by reason of the selection or arrangement of the contents of the database the database constitutes the author’s own intellectual creation.F7]

Definitions used in section 3A 3

electronic

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act
literary work

“literary work” means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes—

Defined in s.3(1) · see it in the full Act
author

(1) In this Part “author”, in relation to a work, means the person who creates it.

Defined in s.9(1) · see it in the full Act

“author”, in relation to a design, has the meaning given by section 2(3) and (4);

Defined in Sch.4 para.38 · see it in the full Act

(3) In this Act the “author” of a design means the person who creates it.

Defined in Sch.4 para.38 · see it in the full Act

Cases considering section 3A 24

Hattons of London Limited v The Knightsbridge Collection Limited & Ors

[2026] EWHC 1510 (KB) · 19 June 2026Defines

Interprets the statutory meaning of a database as a collection of independent works, data or materials arranged systematically or methodically and individually accessible electronically or otherwise. The Claimant’s CRM system satisfied that definition. (see paras [93], [108])

Dr Faramarz Shayan Arani & Ors v Cordic Group Ltd

[2023] EWHC 95 (Comm) · 27 January 2023Defines

The court treated PAF as a database within section 3A, providing the statutory basis for applying copyright protection to the data used in the address database. (see para [58])

Jerroms Trafalgars Limited & Anor v John Barry Tilson & Ors

[2022] EWHC 1420 (Ch) · 10 June 2022Defines

Applies the statutory definition of a database as a systematic or methodical collection of independently accessible works, data or materials. The definition was relevant to whether the client lists fell within the database-right regime. (see para [27])

4 more judgments, and what each says about section 3A, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F7S. 3A inserted (1.1.1998) by S.I. 1997/3032, reg. 6 (with Pt. IV)