Comparative Analysis of Copyright Protection of Databases: The Path to Follow
Tabrez Ahmad, Sourav Dan · 2012
Databases are generally perceived as static warehouses, storing up valuable facts and information. With the advent of e-commerce, entire businesses are being built upon databases and generating revenue streams from subscriber fees, royalties, or advertising. In order to recover the initial investment of time, money and skill put into it and to avoid parasitic competition, database manufacturers protect their compilation efforts. Therefore, without the ability to restrict access to and use of databases that it compiles, a company is effectively discouraged from participating in the information age. Although traditionally, databases have been protected under copyright laws; advances in information technology have enabled potential competitors and pirates to engage in market-destructive copying. Further, in many jurisdictions, the required level of originality has been in a state of flux in recent years, particularly in the US and Europe, after the Feist decision. The position in India regarding databases is governed by the theory of rewarding investment in labour, time and money coupled with the very low requirement of creativity. A few guidelines have been suggested which may be used to develop a new law taking into account the private and public interests and keeping in mind the primary objective of the intellectual property regime to promote creativity and innovation, and to maintain a vigorous public domain.