Protecting Noncreative Databases: Bills Before the 108th Congress

Publication Date: April 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Law and ethics

Type:

Abstract:

Copyright law protects works of authorship that exhibit original, creative expression, including creativity in the selection, arrangement, or coordination of both traditional and automated databases. Noncreative databases are not subject to protection against copying under existing copyright law. Database producers seek new legal protection against piracy of collections of information that result from the investment of substantial amounts of money, time, or other resources. The protection they seek would be based on industrious effort rather than on creativity.

This report examines the pending legislative proposal, H.R. 3261, which, if enacted, would create a misappropriation-style of protection against the copying of all or a substantial part of such collections of information.