Strengthening the united states' database protection laws: Balancing public access and private control

Science and Engineering Ethics 9 (3):301-318 (2003)
This paper develops three arguments for increasing the strength of database protection under U.S. law. First, stronger protections would encourage private investment in database development, and private databases have many potential benefits for science and industry. Second, stronger protections would discourage extensive use of private licenses to protect databases and would allow for greater public control over database laws and policies. Third, stronger database protections in the U.S. would harmonize U.S. and E.U. laws and would thus enhance international trade, commerce, and research. The U.S. should therefore follow the European example and develop two tiers of protection for databases: 1) protection for creative databases under copyright law; 2) protection for non-creative databases through a special type of sui generis protection. In order to balance private control of data and public access to data, sui generis protections should define a “fair use” exemption that permits some unauthorized extraction of data for private, educational, and research purposes, provided that such extraction does not adversely impact the economic value of the database.
Keywords databases  copyrights  intellectual property   sui generis protection  European Union   Feist v. Rural Telephone
Categories (categorize this paper)
DOI 10.1007/s11948-003-0027-8
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 29,440
Through your library
References found in this work BETA
On Liberty.Mill John Stuart - 1999 - Broadview Press.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Added to PP index

Total downloads
14 ( #338,853 of 2,180,202 )

Recent downloads (6 months)
5 ( #50,958 of 2,180,202 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature

There  are no threads in this forum
Nothing in this forum yet.

Other forums