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The Protection of Digital Libraries as Databases: An Ideal Choice or a Paradox?
Abstract
This chapter explains the application of EU Directive 96/9 to digital libraries. Digital libraries correspond largely to the broad definition of databases which is established by the Directive 96/9. The application of the database copyright and sui generis regime to digital libraries provides a safe and solid legal protection to digital libraries which fulfill the conditions of originality and investment set by the Directive. The chapter examines in detail the conditions for protection, the subject matter, the content and the extent of the Directive’s 96/9 two-tier legal protection regime as it is applied to digital libraries. While the protection of the structure of a digital library by copyright law has not provoked any reactions both in Europe and in U.S.A., the possibility of protection of the digital library’s contents by the quasi proprietary database sui generis right has been since the adoption of the Directive 96/9 a highly controversial issue. The defendants of the Internet dogma of free and open flow of information consider the sui generis right as an inappropriate and unbalanced legal mechanism which promotes the monopolization of the digital knowledge to the detriment of the public interest. The chapter also demonstrates the conflict between the proprietary interests of the digital library’s maker and the interests of the lawful user of a digital library. Furthermore, a critical overview of the regime of exceptions to database sui generis right is provided. In order to justify and balance the attribution of the proprietary sui generis right, the author argues that the regime of database sui generis exceptions should be enriched and strengthened, especially when the purposes of education, research and information are served by the exceptions.
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