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21. (1) Database right in a database is not infringed by the extraction or re-utilisation of a substantial part of the contents of the database at a time when, or in pursuance of arrangements made at a time when—
(a)it is not possible by reasonable inquiry to ascertain the identity of the maker, and
(b)it is reasonable to assume that database right has expired.
(2) In the case of a database alleged to have been made jointly, paragraph (1) applies in relation to each person alleged to be one of the makers.
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