The Future of Database Protection in U.S. Copyright Law

By: Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser & Emelio Mena

In the recent British Horseracing Board case, the English High Court signaled a return to the “sweat of the brow” standard of copyright protection. Although recent attempts have been made in the United States to protect databases under this standard, this iBrief argues that the information economy is wise to continuing protecting this data through trade secret, State misappropriation and contract law until legislation is passed.

Cite: 2001 Duke L. & Tech. Rev. 0017