[LINK] Database protection in the next century

[Tony Barry]

Source:  Edupage, 27 June 2000

DATABASE PROTECTION IN THE NEXT CENTURY
The Collections of Information Antipiracy Act, if passed, would
essentially give databases copyright protection, thereby
encouraging the creation of these valuable information resources,
writes attorney Daniel R. Valente.  Database creators spend
significant time and money to provide businesses and consumers
alike with easy access to vast quantities of data.  Current
copyright laws do not protect databases because they are not
creative works, and courts mostly reject the "sweat-of-the-brow"
argument, which maintains that protection should be provided on
the basis of a compiler's efforts and investments.  The lack of
copyright protection for databases means that any company can
simply replicate all of the information a creator has worked to
compile.  The Collections of Information Antipiracy Act, now
logjammed in Congress, aims to protect databases while still
allowing reasonable use for certain purposes, such as nonprofit
and educational uses.  Under the act, a person who damaged the
potential market for a database by taking a large part of the
database or using the data for commercial purposes would be
responsible for misappropriation.  Creators could seek monetary
damages and injunctions to stop further violations.
(Information Today, June 2000)
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