Research On Database Copyright

In today’s society,with the development of Internet technology,database industry is booming.Because of its super capacity,database makes it very convenient for people to collect,organize and query information.However,database infringement cases occur frequently,and the contradiction between database producers and database users is prominent.This situation shows that there are many problems in the legal protection of database in China.At present,China’s copyright law protects the original database as a compilation work,but does not protect the non original database.There are many problems in the current situation of copyright protection.This paper studies the copyright protection of database mainly from the following aspects:First of all,the status of database protection is analyzed.Using comparative research methods,this paper analyzes the current situation of legislation and judicial protection of database in China and other advanced countries in the world.So that we can better understand the database and the current situation of database protection,as well as a series of problems existing in database copyright protection in China.Secondly,it analyzes the theoretical basis of database protection in China,and expounds the necessity of research on database copyright protection.Based on the above analysis of the current situation of database protection in China and foreign countries,this paper focuses on the current situation and problems of copyright protection of original databases.In order to solve these problems,we should improve the copyright law of our country by making clear the original meaning,legal status of the database and reasonably stipulating the protection period of the database.Finally,for the protection of non-original database,we should first analyze its protection status and discuss the necessity of protection.China should learn from the EU,adopt special legislation,establish a new system of special rights,and better protect specific non original databases.However,a specific non original database should be defined to prevent excessive protection.Of course,in the system design,we should stipulate the reasonable use system and the right restriction system,so as to balance the interests of database producers and the public,and better promote the development of database industry.