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© Databases


Under traditional copyright law, databases are not protected because they fail to meet the "creativity" requirements of the law. Telephone companies, for example, cannot copyright telephone books because they fail to pass the creativity requirements for protection.

However, protection of databases has been a hotly contested item for quite some time, as databases often represent a considerable original and creative effort to collect and sort information. (In some cases, databases also fall under the protection of commerce laws other than copyright.)

In 1996, the European Union (EU) passed a Database Directive that extends copyright protection to databases. In the course of its 1996 convention, WIPO debated a database protection treaty, but dropped the issue after considerable pressure from some member countries and the European scientific community. In 1997, similar legislation was introduced in the U.S. despite protests from schools, library associations, free information advocates, and the scientific community.

In 1999, the Collections of Information Antipiracy Act (CIAA) was introduced. The bill proposes providing legal protection against the theft of database information collected and organized by another person. It provides exceptions for some nonprofit uses, educational and scientific organizations, information verification, and news reporting, as well as exceptions for government, and for computer programs that require database functionality for operation.

It is unlikely this Act will pass as there has been much debate over the fact that it poses a threat to the free flow of information in the public domain.

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