The Research On The Copyright Protection Of Electronic Databases

The focus of this thesis is mainly on fully discussing the issue of copyright protection ofelectronic databases. In the information society, information is just wealth, mastering theinformation just means having cashed wealth, as a kind of new online media in recent years,as this new force, database is popular in the majority of the Internet users with its easy-to-search and low operating costs. But just because of these characteristics,there has been moreand more cases of the database Infringement. It has been highly given attention by legislatorsand law workers of every country that how reasonable the database copyright protection interms of conflict of interest database and how to balance between owners and users. EuropeanUnion is the first is the legal protection of organization who put databases’protection into thelaw system through separate legislation, the "Database Act" supported by the majority ofEuropean countries. the United States also repeatedly proposed legislation to Congressdatabase protection bill and not adopted, but finally finding a suitable national databaseprotection mode. Although we did not specifically write bill for the database, from the"Copyright Law" constantly revised in the last two decades, we can still find the initialformation of the basic principles of legal protection of databases that the principle ofcopyright protection standard compilation of works in the judicial practice has graduallyformed a number of important rules, but it’s not enough for the rapid development ofdatabases of Chinese market. we also need to actively explore and innovate it.For the consideration to the basic national conditions of China’s primary stage ofsocialism and from the database itself and the conservation status of the properties andcharacteristics of the database, using the comparative method, empirical analysis, throughthe analysis of the importance and special nature of the protection of existing databases,learning electronic databases database protection mode western developed countries,I havemade my suggestion of the legal protection of the electronic database, especially to build andimprove copyright protection system made practical recommendations.The main body of the paper is divided into four parts, totally about30,000words.The first part is about the general problem of electronic databases. This part demonstrates the concept the characteristics of the database and the importance of theprotection of databases from its function and development status.The second part is about the introduction of foreign legal protection mode of theelectronic database. In the early protection of databases,before the EU’s " Database ProtectionDirective" promulgated, the major countries in the world use the copyright law, unfaircompetition law, contract law and other legal protection of databases which is not enough.1996, EU Database Protection Directive firstly proposed the protection of two-track modewhich contains copyright protection and special protection. On the one hand it uses copyrightlaws protecting original databases, on the other hand gives special rights of non-originaldatabases. The United States uses anti-unfair competition law to] protect the right of databaseproducts, the author focuses on the analysis of the special rights protection mode and unfaircompetition protection mode in this section.The third part is mainly about the status of China’s electronic database copyrightprotection. Our protection of database is now based on the amendments to the2001"Copyright Law", which according to the original database compilation work standards forprotection," Anti-Unfair Competition Law" and " Contract Law " is also a non-originaldatabase protection providing a legal basis. This section is mainly through judicial practicesand related case studies, clarify the rights and obligations of each database legal relationshipbetween the subject and further analysis of the database maker’s conflict of interest with thepublic interest and balance problems.The fourth part is mainly about supplemented with legislative proposal to create anelectronic database of content protection mode. Whether a special mode of argumentationrights or anti-unfair competition mode is the best mode of the database, we should build onthe originality of the database gives copyright protection for non-original databasesneighboring rights protection conferred protection mode, existing basis, further improve thesystem of copyright protection, and supplementary legislation proposed content author’sinsights, explore with Chinese characteristics of the electronic database to protect.