THE discussion last week showed the varied copyright protection sought to be afforded to databases. A user of online databases should take care to ensure that he/she is not violating any other person's copyright. This needs to be particularly kept in mind as copyright infringement is punishable with imprisonment in India.

Here are some fundamental rules for a user of online databases:

I Check to see if there is specific copyright protection to the database. This may be evident from the f symbol or some other copyright notice. However, the absence of the f symbol or a specific copyright notice does not automatically mean that the database is not protected by copyright.

I Limit your use of the database to the permitted use as per the terms of use of the particular Web site or portal.

I There are times when the individual entries in the database may also specify the limits on their use. Be well within those limits.

I There are times where the individual user has given a limited licence to the database maker to use his/her entry. If the database maker uses the entry in violation of the limited licence and you also participate in such use, you may also be liable for violating copyright.

I Ensure that in no event you copy the original database's particular style of selection, co-ordination and arrangement of composite entries, without the permission of the database owner.

The use of online databases would be justified in the event that it falls within ``fair use''. Broadly, the use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship or research may be considered fair use.

It is also relevant to determine whether the use is for a commercial purpose, and the effect of the use upon the market value of the copyrighted work. In particular, the Indian Copyright Act provides that a fair dealing of a literary work for the purpose of private use (including research) or for criticism or review would not constitute an infringement of copyright.

However, it must be noted that fair use is determined strictly on a case-to-case basis and it would not be advisable to rely on the ``fair use'' exception without specific enquiry.

The maker of a database needs to keep the following in mind, to safeguard his/her intellectual property while providing it online:

I Ensure that you have the licence to communicate the individual entries to the public. In the event that this right is given to you for a particular consideration, you would need to make appropriate payments.

I Ensure that you have been granted the licence to sell the collated database to a third party, if you desire to do so.

I Post copyright notices claiming the limited licence in the individual entries and disclaiming any liability for unauthorised use.

I Post notices claiming the copyright in the database as a whole including the particular style of selection and arrangement.

Surveys conducted in the recent past show that most use of the Internet is for the purpose of research. On a different note, ``data mining'' operations on the Internet are growing to occupy a special niche in the market. Given the position today, there is no doubt that the protection of intellectual property rights in databases is a critical issue.

Prior to beginning your operations involving online databases, ensure that you take advantage of the beneficial provisions of law while at the same time seeing to it that you are not caught unawares by a legal notice. Appropriate assessment of the law in respect of your operations is necessary.

As the adage goes, better safe than sorry.