Copyright Protection Of Computer Databases Under The Indian Copyright Act, 1957
- IJLLR Journal
- May 1
- 2 min read
Rabjeet Singh & Dr. Trapti Varshney, Amity University, Noida
ABSTRACT
The digital revolution has radically altered the production, storage and distribution of information, and computer databases are now at the core of modern business, science and government activity. This term paper is a critical discussion of the nature, scope, and sufficiency of copyright protection of computer databases in the Indian Copyright Act, 1957. With databases becoming more and more valuable stores of structured information that embodies huge economic investment, the issue of whether and to what degree they may be subject to intellectual property protection under Indian law takes on a deep legal and business meaning. The research methodology adopted in the paper is a doctrinal approach, which critically examines the applicable statutory provisions of the Indian Copyright Act, judicial precedents in the Indian courts and comparative insights based on the United States and the European Union. The central argument is that while the Indian Copyright Act, 1957, provides a foundational framework for database protection by recognizing compilations including computer databases as literary works, it remains fundamentally inadequate in addressing the unique challenges posed by electronic databases, particularly those created through substantial investment but lacking traditional originality in selection and arrangement. The weaknesses of the legislation that are considered to be critical are the lack of a sui generis database right, uncertainty about the standard of originality to be applied, and a lack of judicial interpretation. The paper will end with a recommendation of specific legislative changes, such as the enactment of a sui generis database protection right with strong exceptions to protect the interest of the population to access information and knowledge.
Keywords: Copyright, Computer Databases, Indian Copyright Act 1957, Originality, Compilation, Sui Generis Right, Literary Work, Intellectual Property
