The Protection of Electronic Databases

• Jurisdiction: South Africa
• Author: Tana Pistorius
• Pages: 184-198
• Published date: 03 September 2019
• Date: 03 September 2019

The Protection of Electronic Databases

TANA PISTORIUS

University of South Africa

1 Introduction

Here I will analyse the intellectual property protection of electronic

databases that may be accessed through the Internet. I will examine the

nature of databases, touch upon the various types of legal protection of

databases, and discuss in detail the recent Database Directive of the

European Union.

2 The Role of Electronic Databases

The Internet has changed from a quiet means of communication in

academic and scientific research circles to a major global data pipeline

through which large amounts of intellectual property move (see David L

Hayes 'Advanced Copyright Issues on the Internet' (1998) 7

Texas

Intellectual Property LJ

1 at 2-3). Initially, online information retrieval

services were expensive and so were used by a relatively small community

of corporate or academic subscribers only. The development of the

Internet has changed this situation forever, and has made the term

'online' a household word (Michael A Forhan '

Tasini v New York Times:

The Write Stuff for Copyright Law?' (1999) 27

Capital University LR

863

at 869).

The Internet's most powerful feature is its ability to connect individuals

to a myriad of sources containing thousands of pages of information (see

Daniel J Caffarelli 'Crossing Virtual Lines: Trespass on the Internet'

(1999)

Boston Univ J of Science and Technology

6 para 28). The

Internet has been described as offering 'access to information and

resources beyond measure, limited only by your ability to find them'

(idem para 29). Much of this information is organized in the form of

databases. The need for a secure means of protecting databases in

cyberspace is obvious in the information age.

3 Electronic Databases

Electronic databases are simply organized collections of recorded data

or information in an electronic or digital form, from where such data or

information may be accessed, reproduced, or retracted. It has been said

that few people have information. Instead, what they actually have is

data, in such quantities that it causes information overload or blackout

(Michael

J

Bastian 'Protection of "Noncreative" Databases: Harmoniza-

tion of United States, Foreign and International Law' (1999) 22

Boston

College Environmental Affairs LR

425 at 426; see also

JH

Reichman &

184

(2000) 12 SA Merc LJ 184

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