Assignment of database rights

An assignment of database rights is the transfer of whatever rights a party holds in a database, usually as part of a technology deal or business sale. Canada has no special database right. A database may be protected by copyright as a compilation, but the underlying facts and data are not, so most data value is protected and transferred through contract and confidentiality.

How BC law treats it

A database is protected by copyright only where the selection or arrangement of its contents reflects skill and judgment (CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13). Raw facts and data are not protected by copyright. Any personal information within the database is subject to BC's Personal Information Protection Act.

What it means for your business

A business buying or licensing data should rely on contract terms covering ownership, permitted use, warranties and confidentiality rather than assuming statutory protection.

Risks and common mistakes

A buyer may pay for a database expecting exclusive rights, only to find that competitors can lawfully compile the same facts independently.

For the full explanation, see our entry on Assignment of intellectual property.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.