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Protecting Noncreative Databases: Bills Before the 108th Congress (CRS Report for Congress)

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Release Date Revised April 6, 2004
Report Number RS21662
Report Type Report
Authors Robin Jeweler, American Law Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Jan. 29, 2004 (5 pages, $24.95) add
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 two legislative proposals pending before the 108th Congress. Either H.R. 3261 or H.R. 3872, if enacted, would create a misappropriation style of protection against the copying of all or a substantial part of such collections of information.