How to Copyright Databases

Although US copyright law does not specifically provide for the coverage and protection of databases, there has been lots of discussion on the subject recently as databases become an increasingly important part of how people do business. A database is defined as a “body of facts, data, or other information assembled into an organized format suitable for use in a computer and comprising one or more files”. Although databases are usually composed of material that would not normally be covered by copyright such as names, addresses, and dates, there are special provisions made for “compilations”. Much like compendiums of previously published literary work, a database can be copyrighted as a compilation in the sense that the work is “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”.

In other words, the copyright for a database covers the act of compilation itself, and not the individual facts contained therein (though in certain cases it might be true that said facts could be registered independently). The copyright for a database does not cover the idea, layout, or method involved, any individual words or facts taken out of context, or the way in which the data is ordered if it doesn’t represent some kind of underlying purpose that indicates original authorship.

Like most creations, it’s not necessary to register a copyright for a database, but it might be a good idea if you’re ever asked to establish yourself as the original author of a database in an infringement lawsuit. If you hold the copyright to a database, you possess the right to distribute copies of that database in any method you like.

Distinctions are also made for databases that contain sensitive information such as the trade secrets of an organization. Database material submitted for registration should generally be human-readable, but in the event that revealing certain information in a database would bring an unfair disadvantage to an organization, they may choose not to divulge this information by submitting an application to the Copyright Office explaining their situation and asking for a special exemption.