Database Protection Legislation: Copyright Caught Between a Rock and a Hard Place

摘要

Database protection legislation is one of those issues that seems to rear its head on a regular basis in spite of a tendency to die on the vine with corresponding regularity. Various legislative acts proposing some form of database protection legislation have been introduced in Congress in four of the last five congressional sessions. Although the most recent versions from the 108th Congress (Database and Collections of Information Misappropriation Act, H.R. 3261; Consumer Access to Information Act of 2004, H.R. 3872) failed to pass, the topic's status as a legislative priority ensures the likelihood of its reintroduction again in the future. In his position on the Senate Judiciary Committee, then-Chairman Senator Orrin Hatch included database protection legislation in his legislative agenda for both the 106th and, jointly with Ranking Democratic Member Senator Patrick Leahy, the 107th Congresses. While Hatch no longer chairs the committee, both he and Leahy remain committee members. A basic review of United States copyright law will detail why databases, as collections of information, are not covered by copyright protection and why database providers feel threatened. All database users and builders should stay on top of the most recent developments and look at the arguments on both sides of the debate.