[20040406]RS21662_保护非创造性数据库：第108届国会审议的法案.pdf

Protecting Noncreative Databases:BillsBefore the 108thCongressRobin JewelerLegislative AttorneyAmerican Law DivisionSummaryBackground.The U.S. Copyright Act protects compilations which includequalifying databases. A compilation is defined as a work formed by the collection andassembling of preexisting materials or of data that are selected, coordinated, or arrangedin such a way that the resulting work as a whole constitutes an original work ofauthorship. To be a work of authorship, the database must exhibit at least a modestamount of original, creative expression on the basis of the selection, organization, or theoverall coordination of the data elements. The data elements may themselves be originalworks of authorship or may be uncopyrightable facts or similar items.As a consequence of the U.S. Supreme Court decision inFeist Publications v. RuralTelephone ServiceCo.,databases that lack at least a modest amount of original, creativeexpression are not constitutionally eligible for copyright protection.InFeist,the SupremeCourt held that white pages of standard telephone directories lack the modest degree17 U.S.C. 101. 499 U.S. 340 (1991).Congressional ResearchServicePrepared for Membe