Which way to the Revolution? The Consequences of Database Protection as a New Form of Intellectual Property

In the age of information technology, the sale of information in the form of searchable databases has become a multibillion-dollar industry. In the United States, compilations of data have always presented a difficult problem: Although such works are often assembled at considerable cost and are extremely valuable to commerce and science, they do not exhibit the modicum of creativity usually required for copyrightability. In stark contrast, the European Union has set a global agenda by putting into effect a new form of intellectual property protection for databases, the terms of which could significantly affect the interests of database producers and consumers throughout the world. This article provides a summary of U.S. and international laws used to protect databases and describes the pressures that are affecting U.S. alternatives. Because both information and technology are now subject to porous international boundaries, the authors propose a change in U.S. law.