|Creating and compiling a database and providing access to the information stored on it to data redistributors and end-user/¬subscribers alike has, with improved technology and consumer awareness, become big business. Where the database owner is not creating the data itself, the task of selecting and obtaining the right data on the right terms and keeping such data continuously updated, is the key to success.
However, although data can be bought and sold like any other commodity, the data owner will, more often than not, wish to protect its copyright interest in the data and for this reason most data supply agreements take the form of a license.
By its very nature, a license will specify the terms of the grant and the conditions relating to, in particular, the manner in which the end-user is permitted to use the data.
In the particular example set out in this Contract the data is to be supplied for the express purpose of adding to the receiver's database. It is essential that, in order for copyright to be retained by the original owner, the data should not be reformatted or merged with other data in the database to the extent that it ceases to be identifiable as belonging to the data supplier.
Having regard to commercial reality and with respect to the nature of many commercially available databases, the principal purpose of subscribing to which is to enable end-users to access and download data for manipulation within the end-user's own business (e.g. financial data for use by stockbrokers or for investment purposes); there are many degrees to which an absolute restriction on downloading can be relaxed.
Contractually, from the financial perspective, the sample charging structure proposed in this Contract recognizes the nature of database distribution of data and suggests that not only does the data supplier receive an annual charge for the data but also a fee per end-user/customer to whom the receiver of the data (the database owner) distributes the data by means of access to its database.