Bottling the Free Flow of Information: A Comparative Analysis of U.S. and E.U. Database Protection

David F. Tamaroff, Tamaroff & Tamaroff, P.A.

Abstract

This note analyzes the current protection of databases in the United States and the European Union and tackles the issue of harmonization. Section II analyzes database protection in the United States, focusing on copyright protection, and looking at other common law protections available to the authors of databases. Section III discusses how European databases are protected under the EU Database Directive. Section IV examines the proposal of harmonization through the establishment of an American sui generis right. Finally, section V concludes against the enactment of such legislation.