Legislating the Golden Rule: Achieving Comparable Protection Under the European Union Database Directive

This Note examines the types of protection given to databases in both the United States and Europe. Part I discusses the reasons for providing databases protection. Part I also provides background information on the EU Database Directive, and examines the history of copyright protection of databases in the United States in light of a landmark Supreme Court decision and then analyzes the approach to database protection arising under the Collections of Information Antipiracy Act, a proposed law in the U.S. Congress. Part II balances sui generis protection in the EU Database Directive with misappropriation in H.R. 354. Part II also discusses the issues involved in providing reciprocal protection, and examines H.R. 354 as a response to the EU Database Directive. Part II then provides a comparison of U.S. and E.U. database protections through an analysis of the UK Regulations implementing the Database Directive. Part III argues that H.R. 354 was sufficient to satisfy the comparable protection standard in the EU Database Directive. Part III further asserts that in light of H.R. 354’s failure to pass through Congress, U.S. lawmakers should pass a statute that meets the comparable protection standard and suggests issues for lawmakers to address in a new database protection bill.