The issue of databases is a part of the ‘digital agenda’ in the initiatives for reforms in intellectual property law. Indeed, this agenda places databases within the broader issue of works in digital form. In fact, the nature of digital media is a major cause for disruptions in the copyright system that initiates these reforms. In this discussion, some observations of the nature of digital media will be considered.

It has been argued that the characteristics of digital media distinguish it significantly from traditional media with respect to its treatment under the norms of intellectual property law. Pamela Samuelson mentioned six features that make it difficult for existing categories of intellectual property law to adapt to the emergence of works in digital form. These characteristics, according Samuelson’s analysis, are the following: (1) the ease with which works in digital form can be replicated, (2) transmitted, (3) modified and manipulated, (4) the equivalence of works in digital form, (5) the compactness of works in digital form, and (6) the capacity they have for creating new methods of searching digital space and linking works together. Samuelson reaches a conclusion that owners of copyright in digital media will have more interest in controlling access to protected works and their uses. Thus, changing the delicate balance of rights achieved by current detailed legal rules. Therefore, reforms in the law of intellectual property are inevitable.

The digitalisation of a work, indeed, facilitates its reproduction. Moreover, the copies made in the digital process are ‘perfect’. Consequently, one may conclude that IPR must be strengthened. However, digital technology can be observed as expanding the protection of IPR owners.

There are two sides to this coin of the copy-ability of digital media. On one hand, it probably creates more opportunities for the misappropriation of protected works, but on the other hand, it also creates more opportunities for right-holders to expand the scope of the works’ protection.

In fact, most of the above characteristics are concerned with a better handling of information. Indeed, digital technologies facilitate the transmission of information, its modification and manipulation and its storage. Moreover, the digital process enables the creation of new forms of referring to discrete items in a work, by ways of hypertext or by other means. Digital technology has the capacity for creating new methods of searching digital space and linking works together. All kinds of novel creations are happening in the digital environment, some of them are not yet conceivable.

Digital technology enable efficient treatment of information in all facets ,benefiting users and creators alike. Creators of works, such as database makers, hold powerful tools to enhance database features thereby adding to its value. Concurrently, users benefit from better access to the information in the database and improved ways of use. Therefore, reforms in the law of intellectual property should take into account both sides. These new capabilities of data efficiency should not be meant to enhance protection while lessening users’ abilities.