Abstract

DATABASE PROTECTION: NATIONAL AND INTERNATIONAL ATTEMPTS TO PROVIDE LEGAL PROTECTION FOR DATABASES

TERRY M. SANKS

Copyright 1998 Florida State University Law Review

On March 11, 1996, the European Union, seeing a need for more protection of computer databases, promulgated Directive 96/9 Concerning the Legal Protection of Databases, to provide copyright-like protection to databases. The term used in the Directive for this copyright-like protection is "sui generis right." This Comment examines the sui generis right segments of the Directive, House Bill 3531, and the WIPO Proposal. Part II briefly explains and analyzes the significance of a European Union directive and its purpose. Part III reviews the present U.S. policy on database protection, case law, and proposed legislation. Part IV provides general background information on the WIPO Proposal. Part V reviews the datebase protection currently available, potential constitutional encumbrances to expanding protection through legislation, and two legislative options. Part VI concludes that Congress should not create new legislation at this time.

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