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Ownership of Rights in the Databases
In a case the claim of the defendant, that the position between an agent and the principal was analogous to that between employer and employee with the consequence that it owned the rights in the database, was rejected by the High Court on the ground that the agent (plaintiff) had taken the risk in obtaining, verifying and presenting the database and, as such, was to be regarded as its maker. Further, in the absence of an agreement commissioning its creation, the principal had no rights in the database and therefore the the agent was the owner of the database.
In another case the High Court found that where a journalist created and kept all his contacts on his employer’s computer database, the information was the property of the employer, including information acquired prior to the employee commencing employment with the employer. Further, the court went to say that had the employee kept a separate list of contacts in a private address book, and selectively copied those he regarded to be relevant for long-term or journalistic purposes, rather than for the purpose of his employment, he would have been entitled to keep them.
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