United States of America
Copyright and Related Rights
8. Please indicate whether compilations of data or other material are protected by copyright, as required by TRIPS Article 10.2, or only as a sui generis right under Article 49 of the Copyright Act. Please explain how the ten to fifteen year term of protection provided for databases under Article 49 complies with TRIPS Article 12.
Compilations of data or other materials are protected by copyright if they are works in the copyright sense. The normal requirements for eligibility, the criterion of originality, apply. The sui generis right under Article 49 is an additional specific right. It does not exclude copyright in any database. The criterion of eligibility is completely different from that of copyright. It is lower as the sweat of the brow principle. The right is accorded to any maker of catalogue if a large amount of information items are compiled within the product. This form of protection has no relation to the protection provided for databases under TRIPS Article 12.