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Article

Title: Database Protection Legislation: Copyright Caught Between a Rock...

Author: Barker, Anne N Article Type: Product Analysis
Source: Searcher: Magazine/Database Prof, v13 n7 p34(9) Publication Date: Jul 2005
  ISSN: 1070-4795
URL of Publication: http://www.infotoday.com/searcher

Database protection legislation remains an active item on the Congressional agenda, driven by the fact that databases are currently not protected by US law. Databases are covered by the concept of compilations as defined in the Copyright Act of 1976, which protects compilations that are assembled as well as maintaining the individual copyrights of the works themselves. The 'Feist' Decision on the issue of the 'sweat of the brow' doctrine declared that data could not be subject to copyright, causing concern in the database community, which extends enormous resources in the development and collection of such information. This was complicated by the European Union Directive of 1996, which declared that databases were protected even in the absence of any remarkable evidence of selection or artistic rendering. Database vendors have been campaigning for Congressional action on the issue, but the question of how rights to material are assigned remains a complicated one. Supporters of such legislation maintain that it is required to protect database vendors from business failure.

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