September 8, 1997
Contact:
Yvonne French (202) 707-9191
Copyright Office Issues Report on Legal Protection for Databases
The U.S. Copyright Office has issued a comprehensive report
to Congress on the subject of legal protection for databases.
The report, requested April 8 by Sen. Orrin G. Hatch, R-Utah,
Chairman of the Senate Judiciary Committee, was delivered August
18.
"This subject has been the topic of intense debate both in
the United States and abroad as a result of recent proposals for
a new form of legal protection for databases in the U.S.
Congress, the European Union and the World Intellectual Property
Organization," Register of Copyrights Marybeth Peters stated.
"Our report should serve to clarify the debate by explaining its
history and the issues involved."
The 111-page report, which takes no official position,
provides an overview of the past and present domestic and
international legal framework for database protection. It
describes industry practices in securing protection against
unauthorized use of databases and Copyright Office registration
practices relating to databases.
The bulk of the report discusses the issues raised by a
number of interested parties during a series of meetings held
earlier this year. The report is intended to be a starting point
for Congress's consideration of whether there is a need for a new
form of statutory protection beyond that already afforded for
databases in the United States, and if so, how legislation can be
crafted without causing negative consequences.
"There is no question that databases are a vital element of
the modern information society," said Ms. Peters. "We have
sought to give Congress some background and context for deciding
what legal incentives are necessary and appropriate to encourage
continued investments in producing databases and maintaining
their timeliness and accuracy."
If Congress decides that new protection is advisable, the
first issue to be addressed, says the report, is whether the
protection should be a property right or protection against
unfair competition. Other issues include how to define the
subject matter, how a database qualifies for protection, and how
long protection would last.
The report also discusses the challenge of avoiding a
detrimental impact on the use of information that has public
interest elements, such as scientific research, education and
news reporting, and the problem of data that cannot be obtained
from sources other than a protected database. Finally, the
report outlines possible constitutional constraints on database
legislation.
Prior to drafting the report, the Register and her staff
held a series of meetings with parties interested in the subject
of database protection, including members of the library,
scientific and educational communities, and producers of print
and electronic databases. While many participants in the
meetings were undecided or took neutral or intermediate
positions, others held strong views either for or against the
enactment of new legislation.
Proponents of legislation believe that databases are
increasingly important to the U.S. economy and to science. They
also believe that a lack of adequate legal protection will
diminish investments in producing and maintaining databases, to
the detriment not only of database producers but also the public.
Opponents of legislation, in contrast, believe that
proponents have not produced sufficient evidence of a problem
requiring a legislative solution. They say the combination of
legal, contractual and technological protections available today
is adequate and appropriate.
The report also notes certain areas of general agreement.
Participants in the Copyright Office meetings agreed that
databases are vulnerable to copying, and that adequate incentives
are needed to ensure their continued creation. They also agreed
that "free-riding," or substantial copying for competitive
commercial purposes, should not be permitted. There was
consensus that individual facts should not be the subject of
private ownership; that anyone should be free to obtain facts
independently from original sources, even after they have been
incorporated in a database; that government databases should not
be protected; and that it is important not to harm science,
research, education, and news reporting.
Copies of the report are posted on the Copyright Office
Internet site at http://www.loc.gov/copyright under the heading "What's
New." Printed copies are available from the Government Printing
Office, at (202) 512-1800. A limited number of media copies can
be obtained from the Office of the Register of Copyrights at
(202) 707-8350.
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PR 97-139
9/8/97
ISSN 0731-3527