IPR in Databases within the Copyright Context
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a part of the Marrakesh Agreement establishing the World Trade Organization, signed on April 1994, and joined to-date by 132 members (as on 22 October 1997). The TRIPS Agreement, which came into effect on 1 January 1995, is the most comprehensive multilateral agreement on intellectual property.
Article 10.2 of TRIPS clarifies the status of copyright in databases and other compilations.
The Berne Convention for the Protection of Literary and Artistic Works (1886. Last revised at Paris in 1971 and ammended in 1979) is the main multi-lateral copyright agreement. 130 members (status of 9 June 1998).
Article 2 lists the protected works by copyright including 'literary works' (Article 2.1) and 'Collections of literary works' (Article 2.5) which may be interpreted to comprise databases.
The Copyright Treaty was adopted by the WIPO Diplomatic Conference on 20 December 1996. It includes certain provisions to clarify and ammend the Berne Convention. Not in force yet.
Article 5 of the Treaty deals with copyright in databases and other compilations under certain conditions.
United States
Title 17 of the US Code incorporates the 1996 Copyright Act as amended.
Article 103 states the law on 'compilations and derivatives works', which applies to databases.
Public Law 105-304 (28 October 1998). Formerly, H.R.2281. An Act to amend title 17, United States Code, to implement the WIPO Copyright Treaty and Performances and Phonograms Treaty and for other purposes regarding copyright and digital environment.
The Act includes measures regarding technological protection, and measures on limitations of liability of on-line material providers.