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Intellectual Property Protection for Noncreative Databases (CRS Report for Congress)

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Release Date Sept. 15, 1999
Report Number 98-902
Authors Dorothy Schrader and Robin Jeweler, American Law Division
Source Agency Congressional Research Service
Summary:

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. 354) to create a misappropriation-style of protection against the copying of all or a substantial part of such collections of information.