# United Kingdom default rules # # NOTHING IN THIS FILE IS LEGAL ADVICE. Each rule names the statute or the principle it # rests on so that a reader can check it, explains in plain words what it does, and is a # proposal for the association's legal reviewer, who decides whether it is adopted. What a # licence means is decided by its text, and what the law of a country requires is decided # by that country's courts. # # This difference adds default rules only. It removes no axiom of the core graph and # replaces none of its rules, because no source known to the reviewer says that the law # here departs from them; differences/README.md shows how a removal and a replacement are # written. @prefix rdf: . @prefix rdfs: . @prefix dct: . @prefix xsd: . @prefix odrl: . @prefix cc: . @prefix dalicc: . @prefix owl: . dct:title "United Kingdom default rules"@en ; dct:description """The DALICC deontic dependency graph with default rules for what a licence does not say, under the law of the United Kingdom: the database right it kept, the mining exception for non-commercial research and decompilation for interoperability, both of which a contract cannot take away. Moral rights are waivable in writing there, so no rule says otherwise. The graph is complete: it holds the axioms and the adopted rule of the core graph beside its own rules, and it is built from the core graph and a difference file. Each rule names its legal basis and says in plain words what it does. The rules are proposals until the association's legal reviewer adopts them. Nothing in this graph is legal advice."""@en ; dct:coverage dalicc:GB ; dalicc:basedOnGraph . # The default rules this graph adds. a dalicc:DefaultRule ; rdfs:label "The database right is not granted unless the licence grants it"@en ; dalicc:appliesTo dalicc:suiGenerisDatabaseRights ; dalicc:defaultOutcome dalicc:NotGrantedByDefault ; dalicc:inJurisdiction dalicc:GB ; dalicc:ruleBasis "The Copyright and Rights in Databases Regulations 1997, regulations 13 and 18, which the United Kingdom kept after leaving the Union: the maker of a database holds a right separate from copyright if the maker is a national or resident of the United Kingdom or a body formed under its law (or of the Isle of Man); since 1 January 2021 a maker from the European Economic Area alone no longer qualifies" ; dalicc:ruleExplanation "A licence that says nothing about the database right is read as not granting it, because the maker holds that right separately from any copyright and a licence that deals only with copyright leaves it untouched. The United Kingdom kept the database right after leaving the European Union for makers who are UK nationals, residents or bodies; since 1 January 2021 a new database made by a maker from the European Economic Area alone no longer qualifies. Combining a licence that is silent about it with one that grants it shows a conflict marked as coming from this rule."@en ; dct:date "2026-09-23"^^xsd:date ; dalicc:ruleStatus dalicc:Proposed . a dalicc:DefaultRule ; rdfs:label "Decompiling for interoperability is allowed within the limits of section 50B"@en ; dalicc:appliesTo dalicc:reverseEngineerForInteroperability ; dalicc:defaultOutcome dalicc:GrantedByDefault ; dalicc:inJurisdiction dalicc:GB ; dalicc:ruleBasis "Copyright, Designs and Patents Act 1988 section 50B: a lawful user of a copy of a program may decompile it where that is necessary to obtain the information needed to create an independent program which can be operated with it or with another program, and not where that information is readily available to him" ; dalicc:ruleExplanation "A licence that says nothing about decompiling a program for interoperability is read as allowing it, within the limits the statute sets: the person must be a lawful user of the program, the information must not already be readily available, and the decompiling must be necessary to create an independent program that works with it. The Copyright, Designs and Patents Act lets a lawful user decompile a program for that purpose and no other. A licence that prohibits it is not read as removing the exception; the rule gb-interop-void reports the prohibition as a finding."@en ; dct:date "2026-09-23"^^xsd:date ; dalicc:ruleStatus dalicc:Proposed . a dalicc:DefaultRule ; rdfs:label "The interoperability exception cannot be contracted away"@en ; dalicc:appliesTo dalicc:reverseEngineerForInteroperability ; dalicc:defaultOutcome dalicc:NotWaivable ; dalicc:inJurisdiction dalicc:GB ; dalicc:ruleBasis "Copyright, Designs and Patents Act 1988 section 296A: a term of an agreement is void in so far as it purports to prohibit what section 50B allows" ; dalicc:ruleExplanation "This rule adds nothing to a licence that is silent about decompiling for interoperability; it reports a finding when a licence prohibits it. The Copyright, Designs and Patents Act makes a term of an agreement void in so far as it forbids what the decompilation exception allows. A person combining licences under this graph sees the finding beside such a prohibition, and the licence text is left as it is."@en ; dct:date "2026-09-23"^^xsd:date ; dalicc:ruleStatus dalicc:Proposed . a dalicc:DefaultRule ; rdfs:label "Mining is read as allowed; the statute covers non-commercial research only"@en ; dalicc:appliesTo dalicc:textAndDataMining ; dalicc:defaultOutcome dalicc:GrantedByDefault ; dalicc:inJurisdiction dalicc:GB ; dalicc:ruleBasis "Copyright, Designs and Patents Act 1988 section 29A(1): a person with lawful access may make a copy for computational analysis for the sole purpose of research for a non-commercial purpose, accompanied by a sufficient acknowledgement unless that is impossible. Commercial mining is not covered" ; dalicc:ruleExplanation "A licence that says nothing about text and data mining is read as allowing it, although section 29A of the Copyright, Designs and Patents Act covers only copying by a person with lawful access for computational analysis for non-commercial research, with a sufficient acknowledgement unless that is impossible. The action this graph uses does not tell research from commercial mining, so a commercial miner cannot rely on this rule and needs a licence that grants the act. Combining a licence that is silent about it with one that prohibits it shows a conflict marked as coming from this rule."@en ; dct:date "2026-09-23"^^xsd:date ; dalicc:ruleStatus dalicc:Proposed . a dalicc:DefaultRule ; rdfs:label "The mining exception cannot be contracted away"@en ; dalicc:appliesTo dalicc:textAndDataMining ; dalicc:defaultOutcome dalicc:NotWaivable ; dalicc:inJurisdiction dalicc:GB ; dalicc:ruleBasis "Copyright, Designs and Patents Act 1988 section 29A(5): a contract term purporting to prevent or restrict the making of a copy under that section is unenforceable" ; dalicc:ruleExplanation "This rule adds nothing to a licence that is silent about mining; it reports a finding when a licence prohibits text and data mining. The Copyright, Designs and Patents Act makes a contract term unenforceable in so far as it prevents or restricts the copying the research exception allows. A person combining licences under this graph sees the finding beside such a prohibition."@en ; dct:date "2026-09-23"^^xsd:date ; dalicc:ruleStatus dalicc:Proposed .