Issue re: Database and Collections of Information Act of 2003

Subject: Issue re: Database and Collections of Information Act of 2003
From: Samuel Trosow <strosow@xxxxxx>
Date: Sat, 06 Mar 2004 11:38:16 -0500
Jeff Clark raises an important question in his March 4th posting.

Section 2(1) defines 'collective work' as "a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole."

Section 2(3) defines 'compilation' as "a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term `compilation' includes collective works."

The definition of 'databases' in section 2(5)defines 'database' and provides a listing of exclusions in 2(5(B):

"The term database does not include any of the following:

(i) A work of authorship, other than a compilation or a collective work." (bill cites all taken from thomas.loc.gov, enter H.R. 3261)

By citing compilations or collective works as an exception to what is excluded from the definition of database, the act indeed includes these works within its broad scope, albeit in a roundabout and clumsy manner.

This particular concern was addressed in a joint ALA-AALL-ARL-SLA letter filed in opposition to the bill last Fall (available at http://www.ll.georgetown.edu/aallwash/lt09042003.html):

"Relation to the Copyright Act. For the first time, the draft bill now explicitly encompasses periodical issues, which are themselves covered under the Copyright Act. This raises fundamental questions about the relationship between this bill and the copyright law. It appears that if this draft were to become law, the very same action (such as an interlibrary loan) would be lawful under the Copyright Act but a potential violation of the draft database legislation. This new approach will cast a shadow over all of the exemptions currently in the Copyright Act, thus necessitating a re-litigation of those provisions and a court-provided clarification of which law governs when."

The implications of this double coverage would be significant if the bill is passed and allowed to stand, it's just one more reason to oppose an otherwise very bad bill.

Samuel Trosow
Assistant Professor
University of Western Ontario
Faculty of Law / Faculty of Information & Media Studies

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