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Computer Law Review and Technology Journal

Abstract

Database compilers traditionally have used copyright and trade secret laws to protect their databases from appropriation by competitors. A 1991 Supreme Court decision, however, casts some doubt on the copyright protection extended to databases in the United States. In response to the Supreme database industry has launched a worldwide effort to encourage legislation to provide strong protection of databases, especially electronic databases.These efforts have borne fruit in Europe where Great Britain has passed laws protecting databases from unfair extraction and the European Union has mandated a sui generisprotection which, in conjunction with existing copyright laws, will provide very strong protection for electronic databases.Additionally, the World Intellectual Property Organization (WIPO) presented, but failed to agree on, a draft protocol based on a proposed by United States that would grant sui generis protection to databases.

Part II of this paper will discuss United States' and international copyright law, the historical development of copyright protection with respect to compilations of facts, and the application of copyright law to modem electronic databases. Part III will discuss methods for protecting databases using state misappropriation and contract law, as well as the possible preemption of state remedies by federal copyright law. Part IV will discuss the movement, in Europe and the United States, to strengthen the copyright protection extended to electronic databases and the creation of a sui generis right against unfair extraction. Finally, Part V will advocate a system of extending adequate but minimal protection to electronic databases, which should allow for the continued development of the database industry while preventing database owners from using their databases to monopolize access to factual information.

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