Issue re: Database and Collections of Information Act of 2003 (H.R. 3261)

[clarkjc@xxxxxxx]

List colleagues,

I have another question to pose (so soon! so soon!), this 
time in relation to the current H.R. 3261: 
http://www.haledorr.com/files/upload/data_collections_act_2003
.pdf 

In my reading of this legislation, I have some concern that 
included under its database protection could be copyrighted 
works or (now) public domain works (that formerly were 
copyrighted). 

The definitions of "collective works" and "compilations"--
which are cited as exceptions to "works of authorship" not 
covered by H.R. 3261--seem to me to allow sufficient 
interpretive leeway that authored works (most logically those 
subject to copyright) could be included within the larger 
authored work that qualifies as a "database" receiving the 
legislation's protection. Because Sec. 6 ("Other rights not 
affected") mentions "copyright" specifically, in regard to 
rights/limitations/remedies that interact with the 
legislation, this seems to reinforce the assumption, at least 
to me.

But I have not yet read any commentary on H.R. 3261 that 
specifically addresses anything like this. Have I missed it, 
or am I completely wrong in this suspicion?

Jeff

===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@xxxxxxx (email)
540-568-6770 (phone)
540-568-7037 (fax)